Cancellation of İmamoğlu's diploma taken to court: Criminal complaint filed against Istanbul University administration! Precedent rulings explained one by one

The process regarding the cancellation of the diploma of suspended and detained Istanbul Metropolitan Municipality Mayor Ekrem İmamoğlu has been taken to the judiciary. Hasan Kulaksız, former Deputy Chairman of the Liberal Democratic Party (LDP), filed a criminal complaint against the Istanbul University Rectorate and members of the Board of Directors. The application was processed by the Istanbul Chief Public Prosecutor's Office under number 2025/6307, and the investigation phase has officially begun.

EMPHASIS ON ACQUIRED RIGHTS CANNOT BE REVOKED

In the criminal complaint petition dated April 11, 2025, it was stated that the diploma belonging to İmamoğlu was issued by Istanbul University in 1994 with the approval of the dean's office and the rectorate and was entered into official records. Kulaksız emphasized that the cancellation of the diploma is contrary to the principle of "non-revocability of acquired rights" and fundamental rights protected under the guarantee of the rule of law.

''THE ADMINISTRATION'S ERROR CANNOT BE BURDENED ON THE CITIZEN''

According to the report by Türker Karapınar from T24, the petition recalled that the Istanbul University Board of Directors decided to cancel the diploma on March 18, 2025, on the grounds that "the university name was written incorrectly." However, it was stated that this cancellation did not contain any new legal basis or academic evaluation, and the following statements were included:

“This action is the administration burdening the citizen with its own fault. Arbitrarily canceling a diploma that has been duly approved and has gained validity in the past clearly harms administrative reliability and the predictability of the law.”

WARNING OF INTERFERENCE WITH FUNDAMENTAL RIGHTS

The petition also emphasized that the cancellation of the diploma affects not only İmamoğlu's individual rights but also the will of the voters. It was stated that such an action by the administration constitutes an interference with the right to vote and be elected.

PRECEDENT RULINGS LISTED

The petition cited the Constitutional Court's Abidin Pişkin ruling, as well as rulings by the Court of Cassation General Assembly of Criminal Chambers and the 2nd Criminal Chamber regarding the fact that finalized documents cannot be revoked, as examples. These precedent rulings were presented as grounds pointing to the illegality of the cancellation.

In his petition, Kulaksız requested that Istanbul University officials be tried in accordance with Article 257 (misconduct in office) and Article 309 (violation of the constitution) of the Turkish Penal Code (TCK). Serious accusations such as interference with the right to vote and be elected and harming the democratic order were also included.

REQUEST FOR MEASURES AGAINST TAMPERING WITH EVIDENCE

The petition requested that the university's internal correspondence, digital records, decision minutes, and relevant commission reports be obtained as evidence to ensure the investigation is conducted properly. It was also stated that the process should proceed urgently and transparently.

According to information obtained from sources, although the prosecutor's office processing the file is considered a standard step, the process is expected to be carried out within the framework of the Council of Higher Education (YÖK) legislation. If YÖK does not grant permission, the litigation process may proceed through the Council of State.