First objection to the 'absolute nullity' ruling in the AKP: 'The decision must be overturned'

The 'absolute nullity' ruling issued by the 36th Civil Chamber of the Ankara Regional Court of Justice regarding the CHP's 38th Ordinary Congress continues to be a subject of debate in politics.

With the ruling, the CHP's congress held on November 4-5, 2023, was declared invalid, and it was stated that Özgür Özel's term as chairman had ended and that Kemal Kılıçdaroğlu would return to office.

A notable statement regarding the decision came from Bülent Arınç, one of the founders of the AK Party and a former Speaker of the TBMM.

'I FIND THE DECISION WRONG'

In a statement on his social media account, Bülent Arınç expressed that the process unfolding within the CHP is an internal matter of the party.

In his statement, Arınç noted that the parties, complainants, victims, and suspects all consist of CHP figures, and stated that, in principle, he does not intend to take a side.

Recalling that the late Necmettin Erbakan had said in similar processes, 'They know each other better, and generally what they say about each other is true. Let us not take a side in this matter,' Arınç stated that he is looking at the issue through his identity as a jurist and a politician.

Bülent Arınç said, 'I have read the 20-page decision of the Regional Court of Justice chamber. As a jurist, I find this decision wrong in terms of authority, jurisdiction, and procedural law.'

'NO CIVIL COURT OTHER THAN THE YSK HAS ISSUED A RULING'

In his statement, Arınç also touched upon judicial processes concerning political parties, noting that to date, no civil court other than the Supreme Election Council (YSK) has issued a ruling within the scope of the Law on Political Parties and the Election Law.

Stating that he views the ruling as a 'conjunctural decision,' Arınç said the most striking point is the implementation of an interim injunction.

Arınç remarked, 'However, a decision could have been reached without an injunction to allow for review by the Court of Cassation, and today's chaotic environment could have been avoided.'

'THE COURT OF CASSATION MUST LIFT THE INJUNCTION'

Arınç argued that if the decision were to be finalized by the Court of Cassation, the proceedings could have been concluded without conflict, noting that such injunction-based rulings are not typically seen in practice.

In his statement, Bülent Arınç said, 'In light of all this, the duty of the Court of Cassation is to issue a decision in accordance with law and equity as soon as possible and to lift the injunction.'

It has been learned that CHP Chairman Özgür Özel has also filed an objection with the Court of Cassation regarding the ruling in question.

'THE POLITICAL INSTITUTION COULD BECOME DYSFUNCTIONAL'

Evaluating the political consequences of the process, Arınç recalled that he had served in political parties that faced closure cases in the past.

Stating that three of his parties were closed by the Constitutional Court and one was closed following the September 12 coup, Arınç noted that political bans were requested in the lawsuits filed against him.

Arınç stated that the ruling regarding the CHP is not a party closure decision, but argued that, in terms of its consequences, it creates a situation that could render a party dysfunctional.

Arınç remarked, 'Such interventions cause institutions, primarily the political institution itself, to become dysfunctional and lead to the obstruction of democracy.'

News Source: 12punto