Former Chief Public Prosecutor Cihaner evaluates the trustee decision for CHP: 'Unbelievable'

Former Chief Public Prosecutor and former CHP MP İlhan Cihaner, in his assessment of the lawsuits concerning the CHP Istanbul Provincial Congress and the 38th Grand Congress, stated, "Public lawsuits regarding both the Istanbul Congress and the Grand Congress were filed almost 2 years after the election. In this case, 'prosecution cannot be conducted' (and because prosecution cannot be conducted, the material truth cannot be determined based on the allegations). The Court of Cassation also has hundreds of rulings in this direction. While this provision stands, the acceptance of the indictments, and especially the issuance of an injunction based on these allegations, is truly unbelievable."

In the lawsuit filed for the cancellation of the CHP Istanbul Provincial Congress held on October 8, 2023, the court decided to remove Özgür Çelik and the current administration from office. Gürsel Tekin was appointed as a trustee to the CHP Istanbul Provincial Presidency, and it was ruled that the entire ongoing congress process be halted.

In line with the court's decision, the District Election Board announced that the CHP Ataşehir District Ordinary Congress, which was planned to be held on September 13, has been halted. 

Following Ataşehir, the District Election Boards of Esenyurt, Sarıyer, Bakırköy, and Başakşehir also decided that the CHP district congresses should not be held due to the injunction decisions.

The CHP has taken action against the decisions to halt party congresses in Istanbul's districts. The main opposition party has applied to the Supreme Election Council (YSK) to appeal the decisions of the District Election Boards. The YSK will meet today at 14:30 to discuss the appeals. The decision to be made by the YSK regarding the appeal will be final. 

Former Chief Public Prosecutor İlhan Cihaner also made statements on his social media account regarding the CHP Istanbul Provincial Congress and the 38th Grand Congress lawsuits. Cihaner's statement included the following:

"Regarding the CHP Istanbul Provincial Congress and 38th Grand Congress lawsuits: According to Article 180/1 of Law No. 298, 'If a public lawsuit arising from election crimes is not filed within six months from the date the election ends, prosecution cannot be conducted.' Public lawsuits regarding both the Istanbul Congress and the Grand Congress were filed almost 2 years after the election.

In this case, 'prosecution cannot be conducted' (and because prosecution cannot be conducted, the material truth cannot be determined based on the allegations). The Court of Cassation also has hundreds of rulings in this direction. While this provision stands, the acceptance of the indictments, and especially the issuance of an injunction based on these allegations, is truly unbelievable. (We can still be surprised!). I do not know if the relevant parties have an old version of the law text in their hands, or if they got bored and did not read it because Article 180 is further down!"

News Source: 12punto