From trustees to absolute nullity: The reshaping of politics in Turkey

Turkey is experiencing one of the most severe tests of democracy and law in recent years. The "absolute nullity" decision rendered regarding the Republican People's Party (CHP) is not merely a technical legal debate concerning a single political party; it is a historical breaking point directly related to how politics will be shaped in Turkey. However, at the very beginning of the discussion, an important distinction must be made correctly: the appointment of a trustee and absolute nullity are not the same thing. While a trustee means the management of an institution or structure is temporarily transferred to other individuals through court or administrative decisions, absolute nullity means that a legal transaction is considered completely void from the very beginning on the grounds that it carries a severe defect. Although they are technically different concepts, the common result of both methods in Turkey has been the redesign of the political sphere through means other than elections and democratic will. 

In fact, Turkey's practice of appointing trustees dates back much further than is commonly thought. The legal process that regulated the appointment of trustees to political parties and various organizations whose activities were halted, published immediately after the September 12, 1980 military coup, went down in history as one of the first examples of politics in Turkey being redesigned through state intervention. The coup administration had not only closed down political parties but had also taken their economic and administrative structures under control. 

After September 12, all activities of political parties were suspended, and they were effectively prevented from organizing rallies, conducting propaganda, and conveying political messages to the public. While the institution of politics was systematically neutralized, treasury aid to the parties was also cut off, which drove many political structures into a serious economic bottleneck. During this process, the CHP also requested the appointment of trustees from martial law authorities in order to continue party operations, and similar applications were made by the Justice Party led by Süleyman Demirel. In the first stage, it was considered to appoint some individuals with a social democratic background as trustees to the CHP, but when it was assessed that these individuals could create political influence again, their duties were terminated within a short time. Later, names from the bureaucracy and academic circles were assigned in their place, and a clear message was given to the trustees by the martial law administration to "stay away from politics." Because the goal at that time was not only to audit the financial operations of the parties but to keep politics completely under control. 

For this reason, the discussions taking place today seem familiar to many people. In Turkey, especially in recent years, trustee practices have been normalized again. With Decree-Law No. 674, issued especially after the July 15 coup attempt, the way was paved for the appointment of trustees to municipalities. This process, which started with HDP-run municipalities, expanded towards different political structures over time. Trustee practices are not just an administrative act; they mean that the will of the voter is rendered ineffective by the central authority. For this reason, regardless of their political views, everyone committed to democratic principles must keep their distance from trustee practices, which are an extension of coup law. 

Now, Turkey is in the midst of a new debate: the "absolute nullity" decision rendered regarding the CHP. 

The process began after the CHP's 38th Ordinary Congress held on November 4-5, 2023. Allegations were brought to the agenda by some delegates that "the voting was rigged" and that the will of the delegates was influenced by various promises regarding the congress where Özgür Özel was elected chairman. The lawsuits filed were consolidated in the courts in Ankara. The CHP management, in the shadow of the ongoing discussions, decided to hold an extraordinary congress and went to elections again. Subsequently, a second extraordinary congress and then an ordinary congress were held. At each congress, Özgür Özel was re-elected chairman and party organs were reconstituted. 

The court of first instance assessed that the lawsuits regarding the old congresses had largely become moot due to the new congresses held. However, the process did not end there. The file was moved to the appellate court, and with the decision of the 36th Civil Chamber of the Ankara Regional Court of Justice, a decision was made to remove the current CHP management from office as a precautionary measure. With the decision, the way was paved for the return of the management from the Kemal Kılıçdaroğlu era to office. 

For the first time in Turkish political history, the management of the main opposition party is being sought to be changed not from the congress hall, but by a court decision. This is exactly where the most serious part of the issue begins. Because today, an atmosphere has been created where entering the headquarters of a political party accompanied by police and the re-determination of party management by court order are being discussed. This picture points to an extremely dangerous threshold not only for the CHP but also for the future of democratic politics in Turkey. 

It should be noted that this decision had not only political but also economic consequences. Following the decision, there were sharp declines in Borsa Istanbul. The BIST 100 index closed the day with a serious loss. Although some of the losses were recovered in the following days, the initial reaction of the markets was remarkable. Because economic indicators also directly priced in the uncertainty in politics and the perception of judicial intervention. 

So, what is the purpose of all this? 

In my opinion, the answer to this question cannot be sought only in the congress discussions within the CHP. Because the issue has long since exceeded the boundaries of an internal party legal debate. The fact that former CHP MP Gürsel Tekin stated that an extraordinary congress process would soon begin in the CHP and that a major congress with elections would be held in about seven months was also recorded as a remarkable development. 

All these developments inevitably bring the following question to the agenda: Is the goal to create a different political equation in a potential constitutional amendment process that may come to the agenda in the future by changing the CHP management? Is it thought that another management that will come to office by court order will support a possible constitutional amendment that the Özgür Özel management will not support? Especially when the possibility of a constitutional amendment that could pave the way for President Erdoğan's re-election is being discussed, it does not seem like a coincidence that these questions are starting to be voiced more in public opinion. 

Of course, all these are issues that fall into the realm of political debate. However, what is truly dangerous for Turkey is that these possibilities are now starting to seem reasonable and possible to the public. Because in a country, especially if the future of the main opposition party that came in first in the last elections is starting to be shaped not at the ballot box but by court decisions, the issue is no longer just a legal debate; it turns into a problem directly related to the future of democracy and the regime. The process running through the CHP today is not directed only at one political party. The real issue is where the boundaries of democratic politics in Turkey begin and end. At this point, a saying that has taken its place in Turkey's political memory inevitably comes to mind. The expression, "Democracy is a tram; we go as far as we go, and we get off there," was uttered years ago and has been frequently recalled in political debates. At the point reached today, the question that needs to be asked is quite clear: Has that tram really reached the stop where one gets off?