Reasoned decision in CHP convention lawsuit announced! 'The delegates' will...'

The Ankara 42nd Civil Court of First Instance has announced its reasoned decision in the lawsuit filed for the cancellation of the CHP's 38th Ordinary Convention held on November 4-5, 2023. In the decision, it was stated that the court had requested documents regarding the convention and congress processes from the CHP Headquarters, the Istanbul Provincial Presidency, and various election boards, and had included them in the case file.

It was noted that in the convention held on November 4-5, 2023, 1,364 out of 1,366 delegates cast their votes, and of the 1,346 valid votes, Özgür Özel received 682 and Kemal Kılıçdaroğlu received 664. The decision stated that in the second round, held after no candidate achieved the absolute majority required by the party bylaws, Özgür Özel was elected chairman with 812 votes. Additionally, the reasoned decision included information that Özel was re-elected chairman with 1,171 votes at the 21st Extraordinary Convention held on April 6, 2025.

The court also evaluated documents from cases heard at the Ankara and Istanbul Chief Public Prosecutor's Offices and various civil and criminal courts of first instance. It was pointed out that while these files contained allegations of irregularities, the provision of benefits, and the corruption of delegate will in some congresses, these matters fell under the authority of election boards as the elections were conducted under judicial supervision. The decision cited Article 21 of the Law on Political Parties No. 2820, emphasizing that elections held during congresses and conventions of political parties must be conducted under the supervision of the relevant election boards. Therefore, the court stated that procedural allegations, such as limitations on speeches or voting intervals during the convention, did not fall within the scope of the court's review.

Evaluating the allegations of corruption of will in its decision, the court recalled that the plaintiffs based their case on the claim that some delegates were directed to vote in a certain way by being provided with benefits. However, the court stated that corruption of will is regulated under the Turkish Code of Obligations, and in this case, the condition of 'deception' needed to be examined. The court assessed that while there were statements from some delegates that they had received benefits, these statements meant that the delegates had bargained in exchange for their votes, and therefore, it could not be said that their will had been corrupted.

"IT WAS STATED THAT THERE WAS INSUFFICIENT EVIDENCE THAT THE DELEGATES' WILL HAD BEEN CORRUPTED"

The court stated that while delegates who received benefits could be considered to have acted unethically, this situation did not constitute a legal basis requiring the cancellation of the convention. It was noted that the allegations could constitute the crime of 'election fraud' within the framework of Article 112 of the Law on Political Parties, and that criminal cases had been opened against the relevant individuals, but there was insufficient evidence that the delegates' will had been corrupted. In its decision, the 42nd Civil Court of First Instance stated, "There is no need to issue a ruling as the case has become moot."

Furthermore, the decision stated that the right to appeal is open.