15 bar associations react to 'absolute nullity' ruling
The bar associations of Adıyaman, Ağrı, Batman, Bingöl, Bitlis, Diyarbakır, Dersim, Hakkari, Iğdır, Kars, Muş, Siirt, Şanlıurfa, Şırnak, and Van have issued a joint statement against the 'absolute nullity' ruling regarding the CHP's 38th Ordinary Congress. The statement emphasized that the authority lies solely with election boards, asserting that the ruling is not in accordance with the law.
12punto
Fifteen regional bar associations have issued a joint statement opposing the "absolute nullity" ruling handed down by an appellate court regarding the Republican People's Party's (CHP) 38th Ordinary Congress. In their statement, the bar associations noted that any interference in the activities of political parties, which are cornerstones of politics, carries the risk of harming the rule of law and the democratic order.
The bar associations included the following views in their statement:
"It is clear that the absolute nullity ruling issued against the Republican People's Party brings with it debates regarding the right to vote and be elected, as well as the principles of democratic representation. Political parties are indispensable elements of a democratic social order. Therefore, any interference in political activities must comply with universal legal principles and the principle of proportionality envisioned by the Constitution.
According to the Constitution and the Law on Political Parties, the authority to make decisions regarding the legality of a political party's congress rests with election boards and the Supreme Election Council. In this respect, the ruling in question is clearly contrary to the law.
Just as the independence and impartiality of judicial bodies are important, it is also of great importance that judicial processes generate legitimacy in the public conscience. Practices that could lead to the law becoming a tool of political competition carry the risk of damaging social peace, trust in democracy, and the rule of law.
As regional bar associations, we respectfully inform the public that we will continue to be followers of the principle of a democratic state of law and the protection of fundamental rights and freedoms under all circumstances."
The statement also pointed to the impact of decisions made regarding political parties and social representation mechanisms on the public's sense of justice, once again underscoring the importance of judicial independence.
The regional bar associations stated that they will continue to monitor the process and will continue to stand before the public against practices that harm democratic principles.