Striking statement on the 'absolute nullity' ruling: 'I wish it had been shut down'

Speaking at a conference organized by the Democracy Platform, former Constitutional Court President Haşim Kılıç evaluated the absolute nullity ruling regarding the CHP. In statements made to İlke TV, Kılıç used striking expressions regarding the legal and political consequences of the decision.

HE DREW ATTENTION TO THE YSK'S AUTHORITY

Describing the decision as "surprising," Kılıç stated that, according to the Constitution, the authority for resolving disputes regarding election processes lies with the Supreme Election Council (YSK).

Pointing to Article 79 of the Constitution, Kılıç stated that the resolution of all disputes occurring from the beginning to the end of elections is under the authority of the YSK, and noted that no other authority can be appealed to against YSK decisions.

Despite this, Kılıç criticized the fact that the process was moved to a Civil Court of First Instance, arguing that the YSK failed to protect its own jurisdiction.

"I WISH IT HAD BEEN SHUT DOWN, IT WOULD HAVE BEEN BETTER"

Evaluating the consequences of the absolute nullity ruling, Kılıç said that the situation the CHP is facing is more severe than a party closure ruling.

Kılıç stated, "I wish a party had been shut down; it would have been better. We are faced with a decision much heavier than a closure ruling. This is a very sad development for the sake of Turkish democracy."

Stating that the ruling could have consequences affecting not only the CHP but all political parties, Kılıç argued that from now on, no political party would be able to continue its activities with a sense of security.

"THE MAIN DEBATE IS AT THE COURT OF CASSATION STAGE"

Emphasizing that the process is not yet complete, Kılıç said that the truly critical stage would be the review by the Court of Cassation.

Expressing that if the ruling is upheld by the Court of Cassation, even greater debates will arise, Kılıç said, "In my opinion, the biggest surprise is yet to come. If the Court of Cassation upholds this, much more serious problems and debates will emerge."

Kılıç noted that the authority is clearly regulated in Article 21 of the Law on Political Parties, yet despite this, a Civil Court of First Instance deemed itself authorized, and subsequently, the appellate court issued a decision in that direction.

"ALL PARTIES COULD BE RENDERED INEFFECTIVE"

Arguing that the ruling would have serious consequences for democracy, Kılıç expressed that the current situation poses a risk to the future of political parties.

Kılıç stated, "It has opened a very serious wound for Turkish democracy. From now on, all parties can be rendered ineffective through this method, by the decision of a civil court judge. There is no need for closure. Look at this situation. I find it very wrong."

"THE YSK'S AUTHORITY HAS BEEN USURPED"

Concluding his remarks, Kılıç argued that there had been an intervention into the jurisdiction of the Supreme Election Council (YSK), stating, "The YSK should have protected its mandate. The authority of the YSK has been usurped."