The Exposure of an Attempt to Design Politics Using International Rights Instruments, and a Call for the United Struggle of the Forces of Labor
The Legal Defectiveness of the "Absolute Nullity" Ruling in Light of the ECHR and Universal Human Rights Norms, and a Manifesto of United Democracy Against Fascism
The ruling of the 36th Civil Chamber of the Ankara Regional Court of Justice on May 21, 2026, annulling a party convention and replacing its administration, not only exceeded the bounds of domestic law; it openly violated universal legal norms, international human rights conventions, and the fundamental democratic standards of the European Union (EU) acquis.
This assessment is, beyond an intervention into the internal workings of a political party, a genuine lesson in democracy delivered through an official court verdict. Our aim is to build a conscious democratic reflex in light of international standards, in a process where the law has been turned into an apparatus of oppression.
The Legal Violations of the Ruling from the Standpoint of International Legal Standards
The court's application of the principle of "absolute nullity" (mutlak butlan) under Article 27/1 of the Turkish Code of Obligations to a political party, on the basis of allegations that have not yet become final, has torn down the following fundamental pillars of international law:
1. The Liquidation of Freedom of Association and Party Autonomy (ECHR Art. 11)
- European Convention on Human Rights (ECHR) Article 11: Political parties are under the highest level of protective shield of freedom of association. The case law of the European Court of Human Rights (ECtHR) ties any intervention by the state or judiciary into a party's internal bylaws, leadership changes, and the will of its delegates strictly to the conditions of "necessity in a democratic society" and "pressing social need."
- Violation of Venice Commission Principles: The Council of Europe Venice Commission's "Guidelines on the Regulation of Political Parties" mandate that judicial interventions into the internal workings of parties be a "last resort" (ultima ratio) and command respect for party autonomy. The court's wholesale abolition of elected bodies with the logic of "nullity" applied to ordinary commercial contracts is a direct blow to the EU's democratic acquis and to party autonomy.
2. The Slaughter of the Presumption of Innocence and the Right to a Fair Trial (ECHR Art. 6 & UN ICCPR Art. 14)
- Relying on Assumptions in an Official Document: The verdict clearly shows that the court treated the still-pending (unconcluded) criminal proceedings, indictments, and defendants' claims before the Ankara 26th Court of First Instance for Criminal Matters (Case No. 2025/582) and the Istanbul 72nd Court of First Instance for Criminal Matters (Case No. 2025/439) as a "finalized fact of guilt."
- Violation of a Universal Principle: Under Article 14 of the United Nations International Covenant on Civil and Political Rights (ICCPR) and Article 6/2 of the ECHR, everyone is innocent until proven guilty by a verdict. The "precautionary" removal of the main opposition party's leadership on the basis of mere allegations and ongoing cases is the destruction of the presumption of innocence by the hand of the judiciary.
3. The Usurpation of the Right to Vote, to Be Elected, and to Free Elections (ECHR Protocol 1, Art. 3)
- UN ICCPR Article 25: This guarantees citizens' right to take part in the governance of their country, directly or through freely chosen representatives.
- The Usurpation of Will: The free will that CHP delegates reflected at the ballot box during the convention was "precautionarily" rewound by a court ruling, and the will of the voters was subjected to a hierarchical judicial tutelage. This is an open violation of the principle of "popular sovereignty," the most fundamental element of EU democratic standards.
The Social and Political Dimensions of This Massacre of Rights
The brazen transformation of the judicial power into such an apparatus of "political design" is opening deep wounds in the social fabric:
- The Paralysis of Social Trust: Citizens' faith in the law, in justice, and most importantly in "the ballot box," is being systematically broken. The perception being engineered among the people—"no matter what you decide, the government's judiciary will annul it"—is a strategy to paralyze the social will and to make an institutionalized authoritarianism (fascism) permanent.
- An Attack on the People's Bread and Future: Political insecurity directly triggers social and economic collapse. The fact that the Borsa Istanbul (BIST 100) index crashed and triggered a circuit breaker in the very hours the ruling was announced is concrete proof that, in an order where the law has been slaughtered, the people's food, jobs, and economic future will also be left insecure.
A Call for United Struggle and Democracy Against Fascism
WE WILL NOT LET FASCISM PASS: THE FUTURE BELONGS TO THE PEOPLE WHO RESIST!
To All Democratic Forces, Workers, and Fellow Citizens Who Believe in the Rule of Law; The court verdict before us is not merely the internal affair of one party; it is the prototype of an institutional model of fascism aimed at cutting off all of society's windpipes. Those who today clap handcuffs on the main opposition party in courthouse corridors will tomorrow completely liquidate the unions, the bar associations, the professional chambers, and the most fundamental civil rights. This ruling is an enormous loss and a black stain for the history of Turkish democracy. Whatever our political views, our ideological differences, or our grievances may be, human rights and democracy are our indispensable, non-deferrable expectation. On this dark road leading to fascism, we call upon all progressive forces, workers, and civil society to come together on a legitimate, peaceful, and united front of resistance. We do not recognize the ruling or the tutelage being imposed! We will not surrender, we will not cower, we will not sacrifice our rights to made-to-order rulings. We know that the course of history is determined not by the intrigues of the powerful, but by the masses who unite the squares and their power derived from production. With all our faith, our righteousness, and our organized power, we cry out: THE FUTURE WILL BELONG TO THE PEOPLE WHO RESIST AND TO THE FORCES OF LABOR! No pass to fascism—shoulder to shoulder in united struggle!
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