SUMMARY

Following the annulment decision, both the Republican People’s Party (CHP) and our country have suffered significant harm. After gaining momentum from its success in the 2024 local elections, the CHP has turned toward internal conflict in the wake of this decision. This situation has led to the weakening of the main opposition.

In this article, it is presented as a legal opinion that the court’s interim measure applies only to Özgür Özel, the elected Chairperson of the CHP, and that Kemal Kılıçdaroğlu, who has been appointed to the CHP, has the authority to convene the party congress.

It is expressed as a hope that the new administration will act with common sense and hold a congress as soon as possible, which would be the most beneficial decision for both the CHP and the country.

Critical Call Following the Absolute Nullity Decision: Not Just a CHP Issue, But a Matter for All of Türkiye

In Turkey, which is struggling with an economic crisis, the “absolute nullity decision” issued on May 21, 2026 regarding the main opposition party, the Republican People’s Party (CHP), has caused the economic and political crisis to deepen further.

At present, unfortunately, a state of fragmentation prevails within the judiciary. Although the decisions of institutions such as the Constitutional Court (AYM) and the Supreme Election Council (YSK) are “final” and “not open to dispute,” it is frequently observed that this principle is being breached. Article 79 of the Constitution regulates the duties, powers, and structure of the Supreme Election Council. No appeal may be made to any other authority against decisions issued by the YSK. This provision makes YSK decisions final and binding.

On May 21, 2026, the 36th Civil Chamber of the Ankara Regional Court of Justice issued a “precautionary absolute nullity” decision regarding the Republican People’s Party (CHP). However, legal expert Afşin Hatipoğlu argues that, legally, the appellate court that issued this decision only established the ruling concerning absolute nullity, while its implementation falls under the authority of the Supreme Election Council (YSK). In relation to this matter, the YSK rejected the CHP’s objection to the “absolute nullity” and “interim injunction” decisions, stating that “we are not the addressee of civil court decisions,” and returned the decision. For this reason, Hatipoğlu concludes that the decision remains in limbo, and that Kemal Kılıçdaroğlu and his team are currently using an interim court decision bearing 10 to 15 signatures as though it were a certificate of authority. In other words, YSK approval has still not been obtained regarding the current situation, and the YSK has not issued Kemal Kılıçdaroğlu a certificate of election as CHP Chairperson. If a decision to hold a party congress emerges from the CHP Party Assembly meeting, and if the YSK accepts Kılıçdaroğlu’s request to convene the congress, it will also have accepted the appellate court’s nullity decision. If it rejects the request, it will also have rejected the appellate court’s decision.

Furthermore, the appellate court’s ruling in the CHP congress case includes the finding that “the will of the delegates was vitiated.” Although the allegation that “the delegates were obtained through bribery” has not yet been proven in court and no final judicial decision has been issued, the appellate court, relying on this allegation, issued an absolute nullity decision; Özgür Özel was removed from office through an “interim injunction,” and Kemal Kılıçdaroğlu assumed the chairmanship. As of May 24, 2026, the CHP headquarters has been cleared by police force. Özgür Özel was elected Group Chairperson by 110 members of parliament. The party has now been divided into two groups described as the “elected” and the “appointed.” The elected members continue their work in the CHP’s office in the Turkish Grand National Assembly, while the appointed members continue their work in the CHP headquarters.

In addition to these developments, Kemal Kılıçdaroğlu has dismissed 24 people working at the CHP headquarters by invoking Code 29. These individuals, whose employment was terminated on the grounds of “conduct contrary to rules of morality and good faith,” will not be able to receive severance compensation or benefit from unemployment insurance. It is being discussed that many party members who are prominent figures within the elected CHP group may be removed from their positions. In addition, there are calls for Özgür Özel’s title as Group Chairperson to be revoked. It is alleged that steps are being taken to prevent him from speaking in Parliament and organizing rallies in his capacity as Group Chairperson. All of these developments will result in the weakening of a CHP that had gained momentum, and in the party directing its opposition not toward the government, but toward a group within itself. The process is creating ground that benefits the current governing bloc.

Kemal Kılıçdaroğlu must act with common sense. It is of great importance that the CHP decide to convene a party congress as soon as possible. If such a decision is taken immediately, this process, which could lead to very damaging consequences for both the CHP and our country, will be brought to an end. Our hope is that common sense and patriotism will prevail.

.[1] Halk TV, Kürşat Oğuz, Rota Program, May 27, 2026: https://www.youtube.com/watch?v=JoIXlVIOjzg

[2] Kod-29 ile işten çıkarılan işçiler kıdem/ihbar tazminatı ve işsizlik ödeneği haklarından yararlanamamaktadır. Kaynak: https ://www.TURMOB.org.tr