15.09.2025 07:40
A critical case that could fundamentally shake the political balances within the CHP is being heard today in Ankara. In the lawsuit filed with the claim of a "suspicious congress," the annulment of the 38th Ordinary Congress is being requested. As the case approaches the decision stage, there are five scenarios regarding the possible decisions the court could make, including the rejection and postponement of the case.
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The case opened for the annulment of the CHP's 38th Ordinary Congress held in November 2023 and the 21st Extraordinary Congress held on April 6 this year will be heard today at 10:00 AM at the Ankara 42nd Civil Court of First Instance. While discussions about "absolute nullity" and "trusteeship" continue within the party before the trial, debates have flared up regarding the return of former CHP Chairman Kemal Kılıçdaroğlu to the party leadership.
"I DON'T THINK HE WILL LOWER HIMSELF TO DO THAT"
CHP Chairman Özgür Özel stated in his latest remarks on a TV channel, "I hope such a decision will not be made. If it is made, I believe that Kemal Bey will not lower himself to do such a thing."
Gürsel Tekin, who was appointed to the CHP Istanbul provincial administration, said in a statement today, "It doesn't concern me at all. I hope a decision favorable to our party comes out of Ankara."
CONGRESS DECISION BEFORE THE TRIAL
However, despite Özel's statements, a congress decision was made in the CHP on September 21. It is claimed that the last congress aims to leave the case without a subject against the court's "absolute nullity" decision. Estimating that the appeal and Supreme Court stages will take at least two years, the party administration is rapidly initiating the ordinary congress process, planning to hold the 39th Ordinary Congress to leave the case without a subject. Additionally, party officials argue that the congress decision taken with the signatures of over 900 delegates cannot be affected even if Kılıçdaroğlu returns to the party leadership.
POSSIBLE SCENARIOS
Here are 5 prominent scenarios regarding the decision the court may make in the congress case:
1- The court may decide to reject the case.
2- The court may issue a precautionary decision without deciding on the merits of the case.
3- The court may accept the case, decide on the merits, but may not issue a precautionary decision.
4- The court may issue both a decision on the merits and a precautionary decision.
5- The court may decide to postpone the case.
WHAT HAPPENS IF THE CONGRESS IS ANNULLED?
If an "absolute nullity" decision is made, the 38th Ordinary Congress where Özgür Özel was elected chairman will be considered null and void. In this case, a return path may be opened for former Chairman Kemal Kılıçdaroğlu. However, it is also possible to appoint a call committee. In this case, the call committee will take the party to congress within 45 days. Any postponement that may come from the court will buy time for the party administration. It is stated that with the extraordinary congress to be held on September 21, all discussions will be resolved.
THE "PRECAUTIONARY" DIFFERENCE
According to legal experts, the question of whether or not to issue a "precautionary measure" is of great importance for the decision to have legal effect. Legal experts say, "If a decision is made without precaution, the decision must be finalized. There will be appeal and Supreme Court stages. During that time, Özgür Özel will continue. There is no obstacle before the extraordinary congress. However, if they issue a precautionary decision regarding the delegates' status, then it cannot be held."
THE COURT REQUESTED THE FILE FOR THE CANCELLATION OF THE PROVINCIAL CONGRESS
On the other hand, in the case opened for the annulment of the CHP Istanbul Provincial Congress held on October 8, 2023, the court decided to suspend CHP Istanbul Provincial Chairman Özgür Çelik and his administration with an interim decision. The CHP appealed the court's decision. According to the court's decision, a committee consisting of Gürsel Tekin, Zeki Şen, Hasan Babacan, Müjdat Gürbüz, and Erkan Narsap was appointed to the Istanbul Provincial Presidency.
The court also decided to temporarily suspend 196 delegates while also deciding to halt the current congress process. After this decision, it is noted that the court requested the file for the CHP's 38th Ordinary Congress due to similar claims in the case. Justice Minister Yılmaz Tunç recently stated, "There are allegations that delegates were influenced by material interests in the congress. There is a precautionary decision given by the court due to the requirement of proof. There are ongoing cases in Istanbul and Ankara. Both cases are at a level that will affect each other."
WHAT WERE THE ALLEGATIONS?
In the indictment of the congress case to be heard on September 15, it was alleged that Ekrem İmamoğlu, who served as the Chair of the Congress, and other suspects acted together and engaged in various irregular activities towards some delegates who voted at the CHP's 38th Ordinary Congress held on November 4-5, 2023, at the Ankara Sports Hall. In this context, it was claimed that some delegates were given money, while others were offered candidacies for mayorship or municipal council membership in different provinces and districts.
The indictment also alleged that some delegates and their relatives were employed in CHP municipalities and companies or affiliates related to these municipalities, and that some delegates were distributed shopping cards for markets. In the indictment, it was requested that 12 people, including Ekrem İmamoğlu, who was suspended from his position as the Mayor of Istanbul after being arrested as part of a corruption investigation, and İzmir Metropolitan Mayor Cemil Tugay, be sentenced to imprisonment ranging from 1 to 3 years.
In the court decision to annul the provincial congress, a similarity is observed between the emphasis on SGK records and the reference to SGK records in the indictment regarding the CHP congress, and political comments are made based on this similarity. Additionally, the discussion is heated regarding the voting of the 196 Istanbul delegates who were suspended by the court in the CHP's 38th Ordinary Congress.
WHAT ARE THE LATEST DEVELOPMENTS BEFORE THE TRIAL?
On the morning of September 15, when the congress case in Ankara will be heard, the CHP Central Executive Board (MYK) will meet. The meeting will be held on Monday at 10:00 AM at the CHP Headquarters. Additionally, CHP Chairman Özgür Özel will participate in his party's rally in Ankara titled "Not Guardianship, Politics! No to Trustees, No to Coup!" today.
CHP'S 38TH CONGRESS
In the CHP's 38th Ordinary Congress, Kemal Kılıçdaroğlu and Özgür Özel competed for the chairmanship. In the first round, Özel received 682 votes, while Kılıçdaroğlu received 664 votes; neither candidate received the support of the absolute majority (684) according to the total number of delegates, so the election went to a second round. In the second round, Özgür Özel was elected as the 8th chairman of the CHP with 812 votes against Kılıçdaroğlu, who received 536 votes.
21ST EXTRAORDINARY CONGRESS
As part of the corruption investigation initiated on March 19, Istanbul Metropolitan Mayor Ekrem İmamoğlu was arrested. Following İmamoğlu's arrest, CHP Chairman Özgür Özel announced that he had received information that a trustee would be appointed to the party and that he would take the CHP to an extraordinary congress on April 6, 2025, to prevent the trustee. In the extraordinary congress held on April 6 against the possibility of a trustee, Özgür Özel was re-elected as chairman, receiving 1,171 of the 1,276 votes as the sole candidate.
CHP CONGRESS CASE
The Bursa Chief Public Prosecutor's Office took up a complaint regarding "vote buying for money" at the CHP congress on November 19, 2023, but issued a decision of lack of jurisdiction and sent the file to the Ankara Chief Public Prosecutor's Office on December 22, 2023. The Ankara Chief Public Prosecutor's Office, in January 2024, addressed the issue under Article 112 of the Political Parties Law.
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He had initiated an investigation regarding the events that took place at the congress concerning the allegation of "manipulation of the voting process."
Former Hatay Metropolitan Mayor Lütfü Savaş and some delegates had also filed separate lawsuits in various courts for the annulment of the CHP's 38th Ordinary Congress. The annulment cases were consolidated in the file at the Ankara 42nd Civil Court of First Instance. It was claimed by former Hatay Metropolitan Mayor Lütfü Savaş and some delegates that there was manipulation in the congress, and that the votes of the delegates were bought in exchange for bribes, thus requesting the annulment of the 38th Ordinary Congress and the Extraordinary Congress where Özel was re-elected as the chairman, due to the possibility of a trustee being appointed.