Breaking News... Date set: CHP's party congress lawsuit postponed

The annulment lawsuit filed regarding the Republican People's Party (CHP) 38th Ordinary Congress held on November 4-5, 2023, and the 21st Extraordinary Congress held on April 6, 2025, was heard at the Ankara 42nd Civil Court of First Instance.

WHAT HAPPENED AT THE HEARING

The judge arrived at the courtroom and the hearing began at 10:00 AM. Former Hatay Metropolitan Municipality Mayor Lütfü Savaş did not attend the hearing, but his lawyers were present.

The presiding judge read the files submitted before the hearing.

Legal opinions from three constitutional law experts, Prof. Dr. Kemal Gözler, Korkut Kanadoğlu, and Şule Özsoy Boyunsuz, were submitted to the file by the CHP. It was noted that a scientific opinion obtained from Prof. Dr. Adem Sözüer and Volkan Aslanlar was also submitted to the file.

According to T24, the lawyer for former Hatay Metropolitan Municipality Mayor Lütfü Savaş, Onur Üregen, stated the following in his defense:

"The Supreme Election Council (YSK) has ruled that its own jurisdiction regarding the election of political party decision-making bodies is limited to matters at the ballot box. It has ruled that disputes extending beyond the ballot box fall under the jurisdiction of the judiciary. Claims regarding the expiration of statutes of limitations and forfeiture periods are also incorrect. Above all, our case concerns violations of public order and absolute illegality; these are cases that can be heard at any time.

The CHP's 38th Ordinary Congress is null and void due to violations of public order and absolute illegality. It is possible to group this under two headings. During the congress held on November 4-5, the voting process was rigged in an organized manner by multiple defendants under the coordination of the then-detained Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu and the current Chairman Mr. Özgür Özel, in violation of the Law on Political Parties, which completely eliminated the will of the congress.

It is alleged that numerous irregularities were committed, such as distributing money, providing benefits, providing employment opportunities in party-affiliated municipalities, and promising irregular tenders in some municipalities. As a result of these irregularities, the will of the congress was completely compromised, and a true election could unfortunately not be held."

CHP MEMBERS REACT TO LAWYER'S "CRIMINAL ORGANIZATION" REMARKS

CHP Deputy Chairman Murat Emir reacted to Üregen's statements that "the congress result was compromised by criminal activities to change it in favor of Özel" and his use of the term "criminal organization," saying, "What does this mean? You are the criminal organization." Other lawyers objected to the judge's failure to intervene, stating, "Is there a crime here? The lawyer is committing a crime."

COURTROOM CRISIS

The lawyers once again expressed their reaction to the small size of the courtroom. The judge said, "We made a mistake, what can we do? There were larger courtrooms before, we got used to it, now it's not like that."

Savaş's lawyer Üregen listed his demands as follows:

"-For the protection of public order, the removal from office as a precautionary measure of the party's Chairman Özgür Özel, who was elected at the congress that was compromised by absolute nullity, as well as the members of the MKYK, PM, and YDK,

-That all decisions taken by Özel and his team after the congress be considered null and void."

"ALL DECISIONS TAKEN BY KILIÇDAROĞLU ARE NULL AND VOID BECAUSE HE WAS REMOVED FROM OFFICE"

Intervening party Fahri Taşdemir requested that former CHP Chairman Kemal Kılıçdaroğlu be heard in court and spoke as follows:

"Kılıçdaroğlu was elected chairman on July 25, 2020. According to the mandatory provision of Article 15/2 of the Law on Political Parties, a chairman can be elected for a maximum of 3 years. All decisions taken by Kılıçdaroğlu are null and void because he was removed from office. Again, according to the same law, since the term of the PM (Party Assembly) also expired, a new PM should have come, and they were required to hold an extraordinary congress within 45 days. This period, including the additional time, expired on September 10, 2023. After this date, the PM also had no authority.

People who took unfair and unlawful decisions are now claiming rights. The plaintiff side said in the last session that they did not have a request for the appointment of a trustee; I request that this statement be accepted as a partial waiver. I request the appointment of a call committee to hold a congress within 45 days. The current administration is legitimate because it came through an extraordinary congress; it has become legitimate."

CALL COMMITTEE REQUEST

Taşdemir requested the appointment of a call committee. Upon this, the presiding judge asked, 'Why didn't you make this request at that time?' Taşdemir stated that he had made the request.

CHP lawyer Çağlar Çağlayan stated that they rejected the call committee request and said the following in his defense:

"We request the rejection of the request due to lack of standing. The YSK's decision clearly declared that the YSK is the authorized body in election judiciary. It is indisputable that the YSK is authorized regarding the continuation of congresses, the future activities of the party, and the annulment of congress elections. We reiterate that this court lacks jurisdiction in this matter. The criminal organization activity that the plaintiffs are trying to describe is not even in the indictment; the plaintiffs are trying to obtain through imagination what they could not obtain through the law. They want the court to decide who will manage the party. Unfortunately, the decision of the Istanbul 45th Civil Court of First Instance justified our concerns.

Courts must now pave the way for political parties to manage themselves. The decision of the merged 31st Civil Court of First Instance has been appealed, but we want the objection request regarding the rejection of the injunction to be sent to the Court of Appeal. We request that the decision of the Ankara 3rd Civil Court of First Instance regarding the rejection of the request for the annulment of the Istanbul Provincial Congress be brought into the file. There was an interim decision in the criminal case in Ankara; we want its status to be inquired about. Since the result of this congress to be held will affect the case, we request that the results of these be inquired about as well."

Çağlayan listed his demands as follows:

"Within the scope of the obligation to inform the relevant parties of the file, we request that those who were elected and will be elected in the elections be asked and informed,

That it be reported whether all plaintiffs can benefit or not,

We request that it be asked from which date they cannot benefit if they cannot benefit."

CHP lawyer Mehmet Can Keysan also stated, "We request that the requested matters be fulfilled and the deficiencies be remedied."

STOPPAGE REQUEST FROM SAVAŞ'S LAWYER ÜREGEN

Lütfü Savaş's lawyer Üregen said, "The decision given by the Ankara 3rd Civil Court of First Instance is a legal disaster. Nothing was done until the injunction was given by the Istanbul Civil Court of First Instance." The judge stated that the matter had nothing to do with them and asked Üregen to speak briefly on this issue.

Üregen continued as follows:

"In the event that our case is accepted or a postponement is granted, we request that the CHP 22nd Extraordinary Congress process be stopped"

DECISION ANNOUNCED: CASE POSTPONED!

The judge announced the decision as follows:

"A writ to be written to the Ankara 3rd Civil Court of First Instance to send the entire file along with the reasoned decision,

Since a decision was previously made regarding the injunction, there is no room for a new decision,

The file of the Ankara 26th Criminal Court of First Instance to be summoned according to its latest status"

News Source: 12punto