Former Constitutional Court President Haşim Kılıç described the "absolute nullity" decision regarding CHP’s 38th Ordinary Congress as a very serious development. He stated that this decision could have even more severe consequences than a closure ruling.
Speaking at the second session of the "Justice Now" Spring Conferences organized by the Democracy Platform in Istanbul Fatih, Kılıç expressed concern over political parties being rendered ineffective by judicial decisions. He said this causes a deep wound in democracy.
Emphasis on YSK Authority
Kılıç pointed out that the Supreme Election Council (YSK) is the proper authority to resolve disputes during election processes and argued that YSK’s jurisdiction should not be overridden by any other body. He stated that he does not find it appropriate for such a decision to be made through a civil court.
He expressed sadness that the constitutional body YSK could not defend its own authority, reminding that elections directly affect public order. Therefore, he emphasized that the YSK should be the appeal authority for election-related matters.
"It Would Have Been Better If It Had Been Closed" Remark
Kılıç reiterated his harsh criticism of the current decision by saying, "I wish it had been closed; that would have been better." According to him, the situation is graver than a closure ruling and sets a worrying precedent for political parties.
He warned that if the Court of Cassation approves the decision, it could lead to bigger problems and debates. Kılıç noted that the authority was already given to the YSK to prevent such disputes and that it had been previously stated that YSK could resolve the issue within two days.
Kılıç’s remarks show that the judicial process concerning the CHP congress is not just a party issue but also a matter of election law and institutional authority. His statements have revived questions about whether political parties might face similar decisions in the future.
