AKP figure comments on CHP convention crisis: 'If absolute nullity is applied...'

Following the 38th Ordinary Convention of the CHP held on November 4–5, 2023, the opposition within the party applied to the judiciary with a demand for an extraordinary convention. Before the case to be heard at the Ankara 42nd Civil Court of First Instance, the debate over whether the court can cancel the CHP convention has reignited. At the center of the debate is the question of whether Supreme Election Council (YSK) decisions can be overturned by courts.

"THE COURT CANNOT OVERTURN A YSK DECISION; IF IT DOES, THE SYSTEM WILL COLLAPSE"

Recep Özel, the AKP's representative to the YSK, emphasized that the final authority in the election process is the YSK. Stating that "it is the YSK that issues the certificate of election and manages the process," Özel made the following remarks:

"A criminal court of first instance or a high criminal court cannot overturn a decision made by the YSK. It should not. If such a thing happens, the system will be in total disarray. A civil court of first instance can only make decisions on matters such as 'whether the presidential council was formed, whether it was acquitted.' But if it enters the election part, this would be very, very wrong."

Recep Özel stated that there has been no record of any court canceling a YSK decision to date, noting that such a situation would contradict the constitutional order.

ABSOLUTE NULLITY DECISION

Speaking to Nefes, Özel also touched upon the concept of "absolute nullity" (deeming something as non-existent) brought up by some opposition jurists, saying, "Such a decision has never been seen in political party congresses to date. Election-related processes are solely within the jurisdiction of election law. A contrary decision could collapse the entire system."

"THE COURT CANNOT PLACE ITSELF IN THE POSITION OF THE LEGISLATOR"

Mehmet Hadimi Yakupoğlu, the CHP's representative to the YSK, similarly emphasized that the court cannot interfere with a YSK decision. Yakupoğlu made the following statements:

"Our convention was approved by the Çankaya District Election Board, which issued the certificate of election. The YSK also unanimously rejected the objection for an extraordinary convention. Now they say the court will appoint a trustee, will cancel the elections... This is neither legally nor statutorily possible. If the court makes such a decision, it would be writing its own law."

"IF THIS HAPPENS, THE ELECTION JUDICIARY WILL END"

Yakupoğlu stated that if such a decision were to set a precedent, all elections would become controversial, adding, "If the court makes such a decision, everyone who does not like the election results will point to the courts, not the YSK. There will be no need for the YSK. This is the direct collapse of the system. We would wake up to a September 12th morning."

PAST EXAMPLES OF SP AND MHP

Yakupoğlu recalled that similar debates regarding call committees had previously occurred in the cases of the Felicity Party (SP) (2010) and the MHP (2015).