Former Supreme Court Prosecutor Eminağaoğlu files application with the Court of Cassation regarding Kemal Kılıçdaroğlu: 'Record it in party registry'
Ömer Faruk Eminağaoğlu, who filed an application with the Court of Cassation, requested that the fact that Kemal Kılıçdaroğlu's chairmanship ended on July 26, 2023, be entered into the party's official registry.
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Former Supreme Court Prosecutor Ömer Faruk Eminağaoğlu, in his application to the Office of the Chief Public Prosecutor of the Court of Cassation, claimed that the chairmanship of Kemal Kılıçdaroğlu, who was elected as chairman at the 37th Ordinary Congress of the CHP on July 25, 2020, ended on July 26, 2023, and requested that this status be entered into the party's official registry.
CHP member and lawyer Ömer Faruk Eminağaoğlu submitted two separate applications to the Political Parties Bureau of the Office of the Chief Public Prosecutor of the Court of Cassation.
Eminağaoğlu requested that "the fact that the chairmanship of Kemal Kılıçdaroğlu, who was elected as chairman at the 37th Ordinary Congress of the Republican People's Party on July 25, 2020, ended on July 26, 2023, be entered into the party registry, and that an application be made to the Constitutional Court for a warning decision against the Republican People's Party in accordance with Article 104/1 of the Law on Political Parties No. 2820."
The first paragraph of Article 104 of the Law on Political Parties No. 2820 (104/1) stipulates the following:
“In the event that a political party acts in violation of the mandatory provisions of this Law, excluding those in Article 101, or the mandatory provisions of other laws concerning political parties, the Office of the Chief Public Prosecutor shall apply to the Constitutional Court ex officio in writing against that party.”
In short: If a political party acts in violation of mandatory rules in the law, and this situation falls outside the direct grounds for closure listed in Article 101, the Office of the Chief Public Prosecutor of the Court of Cassation may apply to the Constitutional Court ex officio (on its own initiative). This article does not relate to direct closure; it relates to a process where a “warning” mechanism is first operated to identify and rectify the violation.