Istanbul Bar Association President Kaboğlu: The certificate of election has not changed, authority remains with Özgür Özel

Istanbul Bar Association President İbrahim Özden Kaboğlu, making a statement regarding the judicial debates surrounding the CHP's 38th Ordinary Congress, evaluated the jurisdictional boundaries of election courts and the YSK's approach to the process. Kaboğlu reminded which judicial system holds authority over the lawsuits filed and decisions taken following the congress.

ELECTION JUDICIARY AND JURISDICTIONAL DEBATE

Kaboğlu stated that the Turkish judicial system consists of four main branches: judicial, administrative, constitutional, and election courts, noting, "When an incident is mentioned and 'appellate court' is cited, the judicial system comes to mind. However, matters related to elections and political parties, including congresses, fall under the scope of election and constitutional judiciary."

Emphasizing that the judicial system has no authority over matters related to election judiciary, Kaboğlu said, "The areas where relevant courts can make decisions are limited only to situations specified in the Code of Civil Procedure or the Code of Criminal Procedure. It is not possible for the judicial system to exercise authority regarding election judiciary."

The Bar Association President highlighted that disputes related to elections are resolved quickly and in the short term, stating that "a court decision regarding congress processes that took place three years ago is not timely in terms of democracy and election principles." Kaboğlu added, "In our view, such decisions are invalid in the legal system. However, we cannot ignore the existence of current decisions; therefore, both the decision and the path it has taken must be evaluated."

NO DECISION TAKEN BY THE YSK

Addressing some issues that arose in the delivery of decisions, Kaboğlu made the following assessment: "There was a dispute over notification between the Supreme Election Council and the Ankara Governorship. It was necessary for the YSK to clearly state which decisions fall under its jurisdiction. However, practices such as postponing the reasoned decision to a later date and avoiding a final ruling do not comply with our Constitution."

Finally, Kaboğlu said, "The fact that the Supreme Election Council has avoided making a decision amidst the ongoing debates does not have any consequences for Özgür Özel. This is because the certificate of election is with Özgür Özel. The Supreme Election Council has not taken any action regarding a certificate of election for Kemal Kılıçdaroğlu."