30.12.2025 17:04
The Ankara Regional Court of Appeals, 4th Civil Chamber, decided to annul the local court's ruling and to reopen the case regarding the cancellation of the CHP's 38th Ordinary Congress held on November 4-5, 2023, and the Istanbul Provincial Congress held on October 8, 2023. CHP Deputy Chair Gül Çiftci stated, "This has once again proven that the trial was conducted properly, the evidence was collected thoroughly, and the claims of the parties were fully addressed before a ruling was made."
The Ankara Regional Court of Appeals 4th Civil Chamber has completed the review of the appeal regarding the cancellation of the CHP's 38th Ordinary Congress and the Istanbul Provincial Congress, against the decision of "rejection of the case" given by the Ankara 3rd Civil Court of First Instance. The Chamber found the decision of the Ankara 3rd Civil Court of First Instance, which rejected the case on the grounds of "lack of active dispute," to be "contrary to the right to legal hearing" due to the judgment being made in the absence of the plaintiff party who reported an excuse.
DOCTOR'S REPORT EXISTS IN UYAP RECORDS
During the proceedings; it was stated in the decision that the attorney for the plaintiff, Onur Yusuf Üregen, submitted a doctor's report via UYAP, indicating that he could not attend the hearing on September 11, 2025, due to "health issues." It was noted that the local court rejected the excuse on the grounds that "no document was submitted with the excuse petition" and concluded the trial in the absence of the plaintiff party, deciding to reject the case. The decision pointed out that the local court's reasoning of "no document was submitted" was not valid, and it was determined that the doctor's report exists in the UYAP records.
HERE IS THE REASONING OF THE DECISION
In the reasoning of the decision, references were made to the "freedom to seek rights" guaranteed in Article 36 of the Constitution and the "right to a fair trial" regulated in Article 6 of the European Convention on Human Rights, stating:
"The right to legal hearing, which constitutes the basis of the right to defense, is one of the pillars of the principle of fair trial. In this case, considering that the excuse reported by the plaintiff's attorney for the session on September 11, 2025, is accepted as valid, it is necessary to decide to postpone the preliminary examination hearing.
The right to legal hearing must be evaluated throughout the entire trial process. Courts conduct and direct the trial with the interim decisions they will give and conclude it with a final decision. The court must respond to each request of the parties (if any, their representatives) with a decision, explaining the reasoning within the framework of the right to legal hearing."
FILE SENT TO THE COURT OF FIRST INSTANCE
The Chamber also found it inappropriate to make a decision before the legal deadlines granted to the parties to present their evidence had expired. For these reasons, the Chamber annulled the decision of the Ankara 3rd Civil Court of First Instance and ruled that the file be sent back to the court of first instance for re-examination.
STATEMENT FROM CHP
CHP Deputy Chair Gül Çiftci made statements regarding the court's decision.
In her statement, Çiftci said, "The case regarding our Istanbul Provincial Congress held on October 8, 2023, has not been overturned on the merits by the Ankara Regional Court of Appeals 4th Civil Chamber, but has been sent to the court of first instance on procedural grounds."
Çiftci stated, "It has been clearly expressed that there is no place for examining the grounds for appeal of those who filed the appeal due to the nature of the decision," and added:
"This assessment has once again proven that the trial was conducted appropriately, evidence was collected completely, and the claims of the parties were fully addressed and a judgment was made, clearly demonstrating that the congress processes of the Republican People's Party are conducted in accordance with the law, transparency, and the will of the organization. In the process of judicial review of our internal democratic functioning, it is essential from the perspective of the rule of law that an evaluation is made in accordance with universal principles of law.
The Republican People's Party has carried out its political activities within the framework of the Constitution and laws since its establishment; it has resolutely implemented every step that strengthens internal party democracy. Our Istanbul Provincial Congress has also been realized as a concrete manifestation of this understanding, under the will of our organization and legal assurance. In the next phase of the process, we are fully confident in the continuation of the trial in accordance with the law. The Republican People's Party continues its path with determination, with faith in the rule of law and the strength it derives from democratic politics."