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Legal Challenge to Main Opposition Congress and Crucial Moment for CHP’s Future

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A major controversy has emerged around the CHP’s 4–5 November 2023 congress, where Özgür Özel was elected as the new party chairman, replacing Kemal Kılıçdaroğlu. On February 10, the Ankara Chief Public Prosecutor’s Office opened an investigation into the legitimacy of that congress. The investigation was reportedly initiated at the request of three individuals, including former Hatay Metropolitan Mayor Lütfü Savaş, who had been expelled from the party.

The legal challenge focuses on whether the congress should be deemed invalid under the concept of “mutlak butlan,” a term in Turkish law referring to an action that is absolutely null and void from the outset. The plaintiffs are demanding that the congress be legally declared as non-existent. If the court accepts their claim, it could invalidate Özgür Özel’s leadership and potentially reinstate Kılıçdaroğlu.

This case gained further political weight when President Recep Tayyip Erdoğan, speaking at a party congress in Manisa just before the legal inquiry began, accused the CHP of scapegoating Kılıçdaroğlu for their election loss and removing him through a questionable, “shady” congress. Erdoğan’s use of the term “they exiled him” suggests he sees Kılıçdaroğlu’s ousting as forced and illegitimate.

Özgür Özel Re-Elected in April Congress to Preempt Legal Fallout

In response to the growing legal and political pressure, the CHP held a new congress on April 6, where Özgür Özel was re-elected as party chairman, and his proposed leadership list passed without any dissent. This move was seen as a way to reinforce internal legitimacy and protect the party from the risk of a court decision nullifying its previous congress. One stated aim was to block any potential move by the government to appoint a trustee (kayyum) to run the party.

Kılıçdaroğlu: “I Can’t Take the Risk of a Trustee for My Party”

Mersin Mayor Vahap Seçer disclosed that during a recent meeting, Kemal Kılıçdaroğlu expressed deep concern about the consequences of rejecting a court ruling if it declared the November congress invalid. Kılıçdaroğlu reportedly said that refusing to accept such a verdict could lead to the party being handed over to a government-appointed trustee, and that he would not risk this outcome for the sake of the CHP. Seçer quoted Kılıçdaroğlu as saying, “I cannot take that risk on behalf of my party.”

This view suggests that if the court rules in favor of the plaintiffs and deems the congress void, Kılıçdaroğlu may accept the verdict rather than resist it—despite the political controversy it would stir.

Visits to Kılıçdaroğlu and İmamoğlu: Internal Dialogue on Strategy

Ahead of the next court hearing on June 30, key CHP figures have been holding critical discussions. Vahap Seçer and former CHP MP Engin Özkoç visited both Kılıçdaroğlu and Istanbul Mayor Ekrem İmamoğlu, who is currently imprisoned in Silivri under charges widely viewed as politically motivated. During these meetings, they discussed how to respond to a possible “mutlak butlan” ruling and emphasized the importance of maintaining party unity.

Seçer said the party is under a full-scale political attack and that the court case, the imprisonment of prominent mayors, and negative media campaigns are all part of a broader strategy to weaken, divide, and ultimately dismantle the CHP. He believes this is not just legal or procedural, but a coordinated political move.

He also urged for clear communication from the party leadership, including Özgür Özel and Ekrem İmamoğlu, emphasizing the need for a united front and clarity on rejecting any move that could lead to chaos or state intervention in the party’s affairs.

İmamoğlu’s Reaction and Expectations

When asked how İmamoğlu responded to Kılıçdaroğlu’s refusal to reject a potential court ruling, Seçer said İmamoğlu had already addressed the issue in previous discussions with Kılıçdaroğlu. While both leaders and others in the party would have preferred a different stance—one that firmly rejects a “mutlak butlan” ruling—Seçer indicated that the party will shape its position based on how events unfold after the June 30 hearing.

Özkoç: “This Is Political, Not Legal”

Former MP Engin Özkoç strongly criticized the court case, arguing that it represents political interference in party affairs and that the judiciary is being used as a tool against the opposition. He said bypassing Turkey’s Supreme Electoral Council (YSK) in favor of a lower court to invalidate a party congress is unprecedented in the Republic’s 100-year history. He described it as a reflection of the ruling party’s efforts to take control of legal institutions and pressure the CHP from all angles.

He confirmed that the recent visits and consultations were conducted with the knowledge of Özel and İmamoğlu, underlining the need for the current and former leaders to come together and find a solution that reflects the CHP’s historical legacy. Özkoç reiterated the party’s opposition to a ruling of “mutlak butlan,” stating that the leadership must take a public stance before the court’s decision is announced.

Conclusion: A Crucial Moment for CHP’s Future

The CHP is facing a critical juncture. The legal case not only threatens the legitimacy of its leadership structure but also raises the specter of direct state intervention in the form of a trustee. While party figures seek unity and are pushing for a strong, clear position against politically motivated legal maneuvers, Kılıçdaroğlu’s cautious stance reveals just how high the stakes are.

The court’s decision on June 30 may determine not just who leads the CHP, but also how resilient Turkey’s main opposition can remain in the face of growing authoritarian pressure.

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