CHP lawyer Çağlayan evaluates the trustee decision process: Will the party congress case be affected?

The Istanbul 45th Civil Court of First Instance has decided to remove CHP Istanbul Provincial Chair Özgür Çelik and the provincial administration from office.

Former CHP Istanbul Deputy Gürsel Tekin has been appointed as the trustee to the provincial presidency.

Speaking to Nefes newspaper, Çağlayan said the following:

“Legally, it does not directly affect it. There is no situation that would prevent the dismissal of the case. In terms of legal logic, it does not affect it either. There is no legal situation that suggests, 'If such a decision came out of here, a precautionary measure must also be granted in the other case.'

When such a decision comes out of Istanbul, what the politicized judiciary will decide is left to their legal knowledge and conscience, but if there is a shred of law left in the country, such a decision cannot come out of the case in Ankara.”

Çağlayan evaluated the court's precautionary measure decision as follows:

“There are long descriptions in the Code of Civil Procedure regarding under what conditions and why a precautionary measure should be granted. There are hundreds of Court of Cassation rulings. It states, 'A precautionary measure cannot be granted regarding the subject that will be resolved at the end of the case.'

In these 6.5 months, nine lawsuits were filed with requests for precautionary measures for the cancellation of the congress and the Istanbul Provincial Congress. In all nine, the precautionary measure was rejected. This is the 10th lawsuit. A precautionary measure that was rejected in nine lawsuits has now been accepted without any justification.

The judge concluded that there was sufficient evidence based on the evaluation of the evidence, but did not describe which evidence was deemed sufficient. For the judge to be able to rule on this case, the plaintiff must be in the right. The judge did not provide any justification to demonstrate that they are in the right. The judge granted the thing requested at the end of the case through a precautionary measure. From this point on, there is no point in the continuation of the case."

"It stops the congress process and political function of a political party. If judicial authorities do not say 'stop' to a court that says this, tomorrow or the next day, they could also issue a decision for an opposition political party not to speak against the president. These things have happened in this country before. A decision has been born that will pave the way for such absurd rulings to emerge. They have issued an operational decision without the conditions of what is defined as a precautionary measure in law."

News Source: 12punto