Süheyl Batum reacts to the 'absolute nullity' ruling: 'It is shameful in the name of law'

Constitutional Law Expert Prof. Süheyl Batum, while evaluating the cancellation and injunction ruling issued by the Ankara 36th Regional Administrative Court regarding the CHP 38th Congress, said, "What kind of injunction is this? You are comfortably convening the MYK. You are making decisions, you are carrying out expulsions. You are expelling mayors. When it comes to the congress, you say 'but we cannot do that.' I say this sincerely in terms of law: It is a shameful situation, a shameful situation." Batum emphasized that an "absolute nullity" ruling cannot be issued based on allegations in another case.

Constitutional Law Expert Prof. Dr. Süheyl Batum attended the Turkish Law Workshop organized by the IYI Party under the slogan "Justice for Goodness." In his statement, Batum said the following:

"I think it is important that such meetings are held in this period, when Turkey has very serious problems in terms of the rule of law and democracy, a period we are living through where unfortunately the rule of law no longer exists, to show once again what the accumulation in Turkey is and what can be done. In that respect, I hope it will be very successful and have a guiding function for the better functioning of law, the judiciary, democracy, and political parties in Turkey's future. That is why I came and participated."

"A SITUATION THAT EVEN CHILDREN WOULD LAUGH AT"

When asked about the events following the Ankara 36th Regional Administrative Court's cancellation and injunction ruling regarding the CHP 38th Congress, Batum replied:

"We are discussing things that even children would laugh at now. I mean, what kind of injunction is this? You are comfortably convening the MYK. You are making decisions, you are carrying out expulsions. You are expelling mayors. When it comes to the congress, you say 'but we cannot do that.' Now there is something worse. Look, I say this sincerely in terms of law: It is a shameful situation, a shameful situation.

"ISSUING AN ABSOLUTE NULLITY RULING BASED ON ALLEGATIONS"

Mr. Sarı says, 'Haven't you read the court's decision? It says you cannot hold a congress.' He refers to the Regional Administrative Court's decision. One should really give this decision to children in law schools. Where does it say 'you cannot hold the congress'? Let the children, the students in their first year of law school, make a decision. Let it be revealed how a politician in Turkey can interpret articles or not understand them at all. Can such a thing happen, my brother? Can a system be lawless in every aspect? Therefore, as I said, I hope this period is a temporary one. Because when you read the absolute nullity ruling, in terms of authority, the Regional Administrative Court cannot issue such a ruling. This is indisputable. When you look at it in terms of its merits, absolute nullity is a very significant ruling anywhere in the world. A judge in a court cannot say, regarding allegations put forward in a case being heard in another court, 'Look, the allegations are very serious, these bring absolute nullity.' First, there must be a conviction. After the conviction, when 500-600 people are convicted, you can say, 'Look, in terms of form, this is an incredible thing. A legal illegality has been committed. This is a very fundamental deficiency.' You issue an absolute nullity ruling based on allegations.

"AS A 50-YEAR JURIST, I FEEL SORROW"

Then, the moment he issues the absolute nullity, he says, what is absolute nullity? Okay, he says. I consider the congress as not held. He says those elected in the 2020 congress are valid. That is, Kılıçdaroğlu and his team. Well, we understood. Then, but this needs to be finalized. So that it does not wait for finalization, he says, 'As an injunction, I have removed the currently elected Özgür Özel and his deputies and others from office.' He says as an injunction. They interpret this injunction as follows: 'The party is over, Kılıçdaroğlu supporters can take any decision they want in their favor. But they cannot take decisions that will come out against them.' Only this Mr. Kılıçdaroğlu and his friends and those who direct them to this understood such an injunction. I have never seen such a thing in law. As a jurist, as a 50-year jurist, I feel sorrow for discussing this with people who have such an understanding of law.

"HAS THE RULE OF LAW IN TURKEY FALLEN TO THIS STATE?"

Has the rule of law in Turkey fallen to this state? To see this, let me say one last thing; look, there are some things in law that have a clear verification. Let's say you have a house. You want to evict your tenant from your house. You apply to the court, you get an eviction order. The day after you get the eviction order, come on, tell the police to come, break down the iron doors, break the windows, spray gas, and enter with plastic bullets. Throw all the tenant's belongings outside. Grab the tenant by the arm and take them out, and put you in. Can such a thing happen in law? No, it cannot. At the very least, they give you some time. Without waiting for anything, they said, 'It is like this as an injunction.' And we are implementing this, and they entered with police force. We call this law, we call it law in a country that allows this.

"IT IS IN OUR HANDS TO BREAK THESE PERIODS"

In a country that allows this, all the administrators of the ruling party, from the very top to the bottom, say, 'What do we have to do with it?' As if the police were the CHP's own internal police, as if the judges who gave that decision were judges appointed by the CHP's internal body. The institutions that give those incredible decisions act as if they were the CHP's own internal institutions, saying, 'What is it to us? Is that police your problem? What police? Your friends came and broke it with iron bars. We are not there.' And we are holding this law symposium in a country where all of these are done. I hope it will be successful. I hope the true law we speak of will one day exist in Turkey; Turkey deserves all of these, the Turkish nation deserves all of these. Unfortunately, such periods occur, but it is again in our hands to break these periods."

News Source: 12punto