24.10.2025 13:40
The leader of the CHP, Özel, made statements regarding the rejection of the lawsuit concerning the cancellation of the 38th Ordinary Congress. Özel said, "This lawsuit is not outcome-oriented but process-oriented. The aim is to create controversy around the CHP. The court made its decision on the merits and stated that 'the case is without subject.' They said we cannot defeat the CHP through political means, so let's create confusion. They are trying to make us sick. The CHP has neither fallen ill nor lost power."
The lawsuit filed for the annulment of the CHP's 38th Ordinary Congress was rejected on the grounds of "lack of active dispute." The court ruled that the case was without subject matter.
"THE AIM IS TO DISPUTE CHP"
The first comment from CHP Chairman Özgür Özel came after the rejection of the annulment case. Özel stated, "This case is not outcome-oriented but process-oriented. The aim is to dispute CHP. The court made its decision on the merits and said, 'the case is without subject matter.' They said we cannot defeat CHP through political means, let's create confusion. They tried to make us sick. They tried to infect the body. CHP neither got sick, nor lost power, nor accepted these germs. All democrats are on our side. In the upcoming elections, democracy will win, and autocracy will lose.
"YOU PUT OUR PRESIDENTIAL CANDIDATE IN SILIVRI"
(Accusation of espionage against İmamoğlu) They associated İmamoğlu with terrorism, saying 'the nation does not accept such things,' they called him a 'thief' but could not convince anyone, and now they are saying 'espionage.' We have seen this movie many times. You filed a lawsuit against our congress, you filed a lawsuit against our provincial presidency. You put our presidential candidate in Silivri. This is a fascist mentality.
Let them look at the cases opened in the 28th Ankara Heavy Criminal Court and the 33rd Ankara Heavy Criminal Court. All information of SGK has been stolen. Hakan Fidan has been afraid to pursue this issue. Work was done during İbrahim Kalın's term. Hakan Fidan allowed all the information of this country to be stolen. They stole all our information, and these cases are being heard," he stated.
WHAT HAPPENED?
The case regarding the annulment of CHP's 38th Ordinary Congress held on November 4-5, 2023, and the 21st Extraordinary Congress scheduled for April 6, 2025, continued. CHP's lawyers Çağlar Çağlayan and Mehmet Can Keysan, along with the lawyer of the congress delegates, Onur Yusuf Üregen, attended the hearing at the Ankara 42nd Civil Court of First Instance. After reading the documents that came to the case file, the judge gave the floor to the lawyers.
Lawyer Üregen argued that evidence in the case file showed that money was distributed to delegates by multiple people in collaboration and in a planned manner to vote in favor of Özgür Özel, and that it was requested that photographs proving they voted for Özel be sent to those who gave them money. Stating that these irregularities completely violated the will of the congress, Üregen claimed that Özel admitted the irregularities in the congress by addressing President Recep Tayyip Erdoğan during a television program, saying "what do you care, what do you care" regarding the allegations of irregularities related to the CHP's 38th Congress.
Üregen continued his statements as follows: "Mr. Özgür Özel, apart from this admission, many congress delegates have expressed their statements in media outlets, and the members of parliament and party officials who are alleged to have given money in exchange for votes have not denied these statements in any way. If the defendant side truly believed that the congress in question was not flawed as they claim, they would have used the means of explanation and proof regarding these allegations many times by now. The most important issue established by the evidence we have presented so far is that no legally protectable result emerged from the congress with elections, and the will of the congress has completely disappeared. It is an inevitable necessity for the legal order to impose sanctions on such an initiative that contains serious violations that could eliminate itself in terms of its function of protecting public order and its internal consistency."
Stating that CHP is one of the legal entities of the Republic of Turkey with the highest importance outside of state legal personality, Üregen said, "CHP has vital functions as important as the ruling party. The determination of the decision-making bodies of such a politically vital party for social life and public order through 'legitimate means and ways' is an indispensable necessity to protect public order." Lawyer Üregen noted that the law cannot remain indifferent to illegal initiatives, and that the congress flawed by illegal acts is "void ab initio" and must be considered as if it never took place and rendered null and void with all its consequences.
Stating that the 196 natural congress delegates determined by the Istanbul Provincial Congress, which has a vital impact on the outcome of the congress, were dismissed due to irregularities similar to those in the grand congress, Üregen argued that the delegate who changed their vote in favor of Özgür Özel gained the opportunity to vote as an Istanbul delegate, thus invalidating the result of the grand congress. "The fruits of a poisonous tree are also poisonous. Until the irregularities are resolved, every congress, every assembly, every election to be held is null and void," Üregen stated, requesting the reinstatement of Kemal Kılıçdaroğlu, who was elected in the previous congress, and the previous members of the Party Assembly and Board of Directors as a precaution due to the fact that the congress is considered "void ab initio."
REQUEST FOR DECISION ON THE REJECTION OF THE CASE
CHP lawyer Çağlayan also claimed that the plaintiff's lawyer was playing a "word game" in his statement, arguing that different congresses are not the fruits of one another, and that the claim that Istanbul delegates were elected in a flawed manner does not reflect the truth. Stating that a congress was also held in which Istanbul delegates did not vote, Çağlayan said, "Again, the result was the same. Whether a person is a candidate in a congress or not is not a situation that will lead to 'absolute nullity.' The existence of a disciplinary action cannot be the subject of a nullity case."
Lawyer Çağlayan continued his statements as follows: "This case, which can be described as a 'super case' until now, has turned into a 'superior' case with the request for the annulment of ordinary congresses and the previously unchallenged extraordinary congress. The request for the annulment or nullity of both ordinary congresses and the 22nd Extraordinary Congress constitutes a situation of expanding the case that has not been amended. We cannot consent to this. All Constitutional Court, Court of Cassation, and Supreme Election Board decisions regarding the issue indicate that the case should be rejected. The two expert opinions submitted by us to the file also state that the case should be rejected. All legal texts created by lawyers in the public regarding this case also necessitate its rejection. Therefore, the entire Turkish legal community describes that this case should have been rejected long ago."
Arguing that it is not possible for someone who is not a member of a political party to make a request regarding party law, Çağlayan stated that the Ankara 3rd Civil Court of First Instance found that there was no "absolute nullity" in the case of the Istanbul Provincial Congress based on the same legal reason, that the criminal case could not be associated with the congress process, that these issues were outside the scope of proof, and that it rejected the case. Lawyer Çağlayan argued that the statute of limitations for filing a cancellation case had expired, and for all these reasons, the case should be rejected at the final stage.
Recalling that it was decided to collect the results of the extraordinary congress and extraordinary provincial congresses to be held with the signature of the delegate in the last session, Çağlayan stated, "These documents have been added to the file. The election board has made decisions regarding the continuation of the congress related to the extraordinary congress in Istanbul. Indeed, these congresses did not take place without the votes of natural delegates; only those who made accusations did not vote during this process. Therefore, considering that the first ordinary congress has also been litigated, the existence of the second extraordinary congress held at the request of the CHP delegate is an undeniable truth."
Stating that political parties are required to hold ordinary congresses every two years, Çağlayan conveyed that the CHP has fulfilled this legal obligation, arguing that the purpose of these lawsuits is not to renew any congress, but for the court to decide who will manage the party, and that this situation is incompatible with the principle of good faith. Çağlayan requested the rejection of the file and a decision for the case to be deemed without subject. Lawyer Keysan also requested the dismissal of the case. After the statements, the court announced its decision, ruling that there was no need to make a decision regarding the case opened for the annulment of the CHP's 38th Ordinary Congress held on November 4-5, 2023, due to it being "without subject." The court also issued a dismissal decision regarding the joined files, which included the request for the annulment of the CHP's 21st Extraordinary Congress, due to lack of standing.