Turkey Awaits Clarification on Its Democracy's Fate: Opposition Party Court Case Postponed to October
Turkey's political landscape remains absorbed with the ongoing courtroom drama over the legitimacy of the Republican People's Party's (CHP) recent congresses. On Monday, the Ankara 42nd Civil Court of First Instance postponed the highly charged case seeking the annulment of the party's 38th Ordinary Congress and 21st Extraordinary Congress. The court declined once again to impose precautionary measures—such as suspending the current leadership of Özgür Özel—leaving the CHP management intact for now. The next hearing has been scheduled for October 24, at 10:00 a.m.
The lawsuit was filed by former Hatay Metropolitan Mayor Lütfü Savaş and a group of delegates who allege that the congress elections were tainted by bribery and procedural violations. They demand that the congress results be voided under the doctrine of "mutlak butlan" (absolute nullity), which would annul all leadership changes. Their petition also called for the reinstatement of former party leader Kemal Kılıçdaroğlu—or the appointment of a judicial trustee or a "call committee" to steer the party into a new congress.
Heated Courtroom Exchanges
The hearing mirrored the tensions within Turkey's main opposition movement. Savaş's lawyer, Onur Üregen, accused the November 2023 congress of being marred by "organized manipulation," claiming that inducements such as jobs, favors, and even cash were offered to sway delegate votes. He demanded the suspension of Özgür Özel and his executive team pending the outcome.
CHP's lawyers vigorously rejected these arguments. Counsel Çağlar Çağlayan said nine separate precautionary requests had already been refused, underlining that "the judiciary cannot decide who leads a political party." He argued that disputes over party elections fall under the jurisdiction of Turkey's Supreme Election Board (YSK), not civil courts. He accused the plaintiffs of turning political disagreements into legal battles. Another CHP lawyer pointedly added: "The claimants are trying to win in court what they could not win in the ballot box."
Sharp exchanges marked the session. When Üregen accused the congress of being run like a "criminal organization," CHP deputy chair Murat Emir fired back: "This is nonsense. The only scandal here is this baseless accusation."
Legal Nuances: The Weight of "Mutlak Butlan"
At the heart of the battle lies the elusive concept of "mutlak butlan." In Turkish law, it applies only to elections so fundamentally flawed that no correction is possible, such as voting without valid delegates. Unless the court finds grounds for absolute nullity, the challenge should have been filed within three months of the congress. Since that deadline has long passed, the plaintiffs' only legal lifeline is to convince the court that the process was void from the start.
But here, analysts note, the ground is shaky. The alleged irregularities are being pursued in a separate criminal case, which will be tried in a lesser criminal court, not a high criminal court. That distinction signals that no grave organized crime charges are involved. Legal experts suggest that this undermines the "absolute nullity" narrative and strengthens CHP's hand.
Political Backdrop: A Party in Limbo—But Breathing Easier
For months, the case has hung like a sword over the CHP, intensifying turbulent rivalries within the party. Yet the latest postponement and rejection of precautionary measures gave Özgür Özel's leadership some breathing space. By refusing to suspend the party administration, the court indicated it is more inclined to see the case through on its merits rather than intervene politically.
Meanwhile, the court requested delegate lists and official documentation from upcoming party meetings, signaling that the September 21 Extraordinary Congress, if properly conducted, could render parts of the lawsuit "moot." In legal shorthand, the case may quietly dissolve if future congresses meet procedural standards.
For now, the CHP's fate remains in suspense, but the storm clouds appear to be thinning. The courtroom maneuvering illustrates both the fragility of Turkey's opposition politics and the resilience of institutions under heavy pressure.
As the political calendar marches toward local elections, Turkey will have to wait until late October for further clarity. Until then, the CHP leadership carries on with a sigh of relief—though never entirely at ease, knowing that in politics and in courtrooms, surprises are always on the menu.
Imaginary Depiction of a Turkish Court: Gemini AI