İYİ Party's YSK Representative on 'Absolute Nullity': 'Concerns All Political Parties'

Ankara, Turkey, A legal representative for the İYİ Party has voiced significant concerns regarding a court ruling on the Republican People's Party's (CHP) 38th Ordinary Congress. Lawyer Mustafa Tolga Öztürk argues that the decision by the Ankara Regional Court of Justice's 36th Civil Chamber should not be viewed as an isolated dispute concerning only the CHP.

Öztürk contends that the ensuing legal debate reopens a critical question for all political parties in Turkey: which judicial authority has the final say over the oversight of their congresses and conventions. He warned that if the court's approach gains wider acceptance, it could subject the congresses of not only the CHP but also other parties to review by general jurisdiction courts.

This situation raises the specter of processes that have already been vetted and finalized by the election judiciary potentially being reopened for discussion. Öztürk highlighted that the concept of 'absolute nullity' (mutlak butlan) lacks clear legal provisions for application in disputes related to political party elections. He pointed to Article 21 of Law No. 2820 on Political Parties, which states that objections to election results are examined and finalized by a judge, granting election judges the authority to annul elections.

Furthermore, Öztürk referenced Article 121 of the same law, which allows for the application of the Turkish Civil Code and Associations Law to political parties. However, he believes that due to specific provisions governing political party elections, recourse to general provisions is not permissible. Öztürk recalled that the objections to the CHP's congress were reviewed by both the Çankaya District Election Board and the Supreme Election Council (YSK), indicating that the established legal channels within election law were followed.

The central point of contention, Öztürk stated, is whether a finalized process, having undergone the scrutiny of the election judiciary, can subsequently be re-evaluated by general jurisdiction courts. He also drew attention to Article 79 of the Turkish Constitution, which assigns the YSK the responsibility for overseeing the electoral process, ensuring its integrity, and making final decisions on complaints and objections. The constitutional provision explicitly states that "decisions of the Supreme Election Council cannot be appealed to any other authority," underscoring the YSK's ultimate authority in election disputes to prevent prolonged uncertainty.