İYİ Party's Olgun: The court exceeded legal boundaries in the CHP convention case

The "absolute nullity" ruling issued by the 36th Civil Chamber of the Ankara Regional Court of Justice regarding the cancellation of the CHP's 38th Ordinary Convention, which took place last November and was the subject of various controversies, continues to resonate in politics. Evaluating the decision, İYİ Party Deputy Chairman and Afyonkarahisar MP Hakan Şeref Olgun found the court's use of the Law on Political Parties and the Civil Code as the basis for its authority to be contrary to the fundamental principles of law.

"JUDICIAL AUTHORITY EXCEEDED"

In his statement, Olgun said, "The appellate court has exceeded the limits of legal oversight and replaced the internal political will of the party with judicial will."

Emphasizing that the decision rendered on May 21, 2026, raises concerns for a democratic state governed by the rule of law because it is of a nature that directly changes the administration of a political party in Turkey, Olgun pointed to serious problems regarding procedure and authority. The court had both cancelled the convention and invalidated all subsequent conventions and decisions made, reinstating the previous chairman, on the grounds that the will of the delegates had been corrupted by money, benefits, and promises of political office.

"INCORRECT LEGAL GROUNDS WERE USED"

Olgun stated that the court cited Article 69 of the Constitution and Articles 4 and 93 of the Law on Political Parties as the justification for its decision, and then ruled the convention decision invalid based on the general provision of the Turkish Code of Obligations (27/1). Olgun said, "However, Article 27 of the TCO is a general regulation regarding contract law. Political parties, on the other hand, should be evaluated according to special provisions subject to the Law on Political Parties," and noted that general provisions cannot be resorted to when there are provisions of the Law on Political Parties, which is a special law.

"THE COMPETENT AUTHORITY IS THE YSK"

Stating that the framework of the references made by the Law on Political Parties to the Civil Code was drawn incorrectly, Olgun emphasized that the primary competent authority is the Supreme Election Council (YSK). Olgun stated, "In disputes regarding the elections of political parties, the final decision-making body is the YSK in accordance with the Constitution and the Law on Political Parties. It is an overreach of authority for the judiciary to cancel conventions based on unfinalized allegations."

"THE DECISION WAS BASED ON ONGOING INVESTIGATIONS"

Olgun also expressed that the court's decision was based not on a finalized criminal conviction, but on ongoing investigations and allegations in case files, which he said does not align with the presumption of innocence. He stated that rendering convention decisions void in this manner poses a "serious threat" to democratic processes.

"A DANGER FOR EVERY PARTY"

At the end of his assessment, Olgun expressed that such interventions by the judiciary into the will of political parties pose a risk not only for today but for all parties in the future, and warned with the following words:

"The appellate court has exceeded the limits of legal oversight and replaced the internal political will of the party with judicial will. As the İYİ Party, we state this clearly: The intervention of the judiciary into the internal will of political parties is a harbinger that what is done to one party today can be done to everyone tomorrow.

Regardless of which party it is directed at, cancelling party conventions through the general provisions of the TCO; instrumentalizing the Civil Code to exceed the rules of duty and authority; and viewing unfinalized allegations as evidence sufficient to nullify the will of thousands of delegates—none of these are compatible with the understanding of a state governed by the rule of law. The decision must be subjected to a complete review in terms of procedure and substance by the Court of Cassation as soon as possible."

News Source: 12punto