{"id":279607,"date":"2025-09-03T08:22:40","date_gmt":"2025-09-03T08:22:40","guid":{"rendered":"https:\/\/halkweb.com.tr\/?p=279607"},"modified":"2025-09-03T08:25:57","modified_gmt":"2025-09-03T08:25:57","slug":"what-happens-if-the-opposition-does-not-recognize-the-court-decision","status":"publish","type":"post","link":"https:\/\/halkweb.com.tr\/en\/what-happens-if-the-opposition-does-not-recognize-the-court-decision\/","title":{"rendered":"What happens if the opposition does not recognize the court decision?"},"content":{"rendered":"<p><img loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-279608\" src=\"https:\/\/halkweb.com.tr\/wp-content\/uploads\/2025\/09\/ozgurler.jpg\" alt=\"\" width=\"1280\" height=\"720\" srcset=\"https:\/\/halkweb.com.tr\/wp-content\/uploads\/2025\/09\/ozgurler.jpg 1280w, https:\/\/halkweb.com.tr\/wp-content\/uploads\/2025\/09\/ozgurler-300x169.jpg 300w, https:\/\/halkweb.com.tr\/wp-content\/uploads\/2025\/09\/ozgurler-696x392.jpg 696w, https:\/\/halkweb.com.tr\/wp-content\/uploads\/2025\/09\/ozgurler-1068x601.jpg 1068w\" sizes=\"auto, (max-width: 1280px) 100vw, 1280px\" \/>Istanbul 45th Civil Court of First Instance annulled the CHP Istanbul 38th Ordinary Provincial Congress and dismissed the \u00d6zg\u00fcr \u00c7elik administration and appointed a delegation consisting of G\u00fcrsel Tekin, Zeki \u015een, Hasan Babacan, M\u00fcjdat G\u00fcrb\u00fcz and Erkan Narsap for the provincial administration.<\/p>\n<p>The CHP administration's reaction to the decision was \u2018we do not recognize it\u2019.<\/p>\n<p>CHP Chairman \u00d6zg\u00fcr \u00d6zel said in a live broadcast on Halk TV that the court's decision is null and void for them and that they will not recognize the decision.<\/p>\n<p>\u00d6zg\u00fcr \u00c7elik, who was suspended from duty, also announced that they did not recognize the decision and would continue their duties.<\/p>\n<p>What does it mean that the opposition does not recognize the court decision?<\/p>\n<p>As is well known, there have been many national and international court rulings in Turkey in recent history that the government has failed to recognize and implement.<\/p>\n<p>The rulings against Can Atalay, Osman Kavala and Selahattin Demirta\u015f were not implemented by the government.<\/p>\n<p>In other words, there is a de facto equivalent for the government to say \u2018I do not recognize the court decision\u2019. Unfortunately, there is no de facto equivalent for the opposition not to recognize the court decision - unless a de facto situation is created.<\/p>\n<p>But can the opposition create a de facto situation?<\/p>\n<p>If it can, why not create a de facto situation to enforce the court ruling against Can Atalay, which has not been implemented for months?<\/p>\n<p>Or was what happened to Can Atalay not \u2018unlawful\u2019 enough?<\/p>\n<p>For example, can the CHP legally and de facto keep \u00d6zg\u00fcr \u00c7elik as Istanbul Provincial Chairman?<\/p>\n<p>Unfortunately, this is not possible.<\/p>\n<p>Now there will be those who will say. \u201cWhen Canan Kaftanc\u0131o\u011flu was banned from politics, the CHP administration at the time said that they did not recognize this decision.\u201d<\/p>\n<p>Yes, they did. It is true that they made such a statement.<\/p>\n<p>And what happened in practice?<\/p>\n<p>CHP members politically continued to call Canan Kaftanc\u0131o\u011flu \u2018our Istanbul Provincial Chairperson\u2019.<\/p>\n<p>However, G\u00fcls\u00fcm Hale \u00d6zc\u00f6mert Co\u015fkun was appointed acting Provincial Chairperson and she signed the official procedures.<\/p>\n<p>Let us now turn to the political dimension. In authoritarian regimes, it is always in the interest of those in power to say \u2018I do not recognize the court decision\u2019.<\/p>\n<p>Because governments have the power to create a de facto situation by going outside the law. The opposition, on the other hand, derives all its legitimacy and power from being within the law.<\/p>\n<p>That is why the opposition everywhere in the world calls on the government to respect the constitutional order and the law.<\/p>\n<p>In fact, let alone the legal opposition, let us illustrate this situation with a very striking example from Turkish political history.<\/p>\n<p>Deniz Gezmi\u015f, the founder of THKO, who was executed on charges of \u2019attempting to change the constitutional order by force', and his friends had invited both the court and the government to abide by the constitution during their trial at the Ankara Martial Law Command Court No. 1.<\/p>\n<p>Deniz Gezmi\u015f addressed Ali Elverdi, the President of the Martial Law Court, as follows:<\/p>\n<p><em>\u201cThe indictment alleges that we attempted to abrogate the Constitution by force. As I have already stated, we are the ones who defend the Constitution the most in this country. Those who violate the Constitution are obvious. We are the ones who want the Constitution to be implemented. Those who do not implement the Constitution are still in the open. And again those people want our heads. The prosecution is deliberately claiming that we are attempting to abrogate the Constitution.<\/em><\/p>\n<p><em>The prosecution is against the War of Independence that we are waging. It is against the Constitution of the Republic of Turkey, against the reforms and therefore claims that we are attempting to abrogate the Constitution.\u201d<\/em><\/p>\n<p>Could it be that today's CHP leaders see themselves as more revolutionary than Deniz Gezmi\u015f? Of course they can, there is no obstacle to that.<\/p>\n<p>However, the THKO youth who started an armed struggle to overthrow the government were actually exposing that the government was acting outside the constitutional order and expressing that they were the \u2018legitimate\u2019 ones.<\/p>\n<p>Saying \u2018we don't recognize the court's decision\u2019 may no doubt excite some young friends, but by taking this path, the government will have gained a big trump card against the opposition in making illegality normal.<\/p>\n<p>It is also necessary to think about the possible consequences of some statements made with excitement and emotion.<\/p>","protected":false},"excerpt":{"rendered":"<p>Could it be that today's CHP leaders see themselves as more revolutionary than Deniz Gezmi\u015f? Of course they can, there is no obstacle to that.<\/p>","protected":false},"author":5,"featured_media":279608,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[286],"tags":[],"class_list":{"0":"post-279607","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-yazarlar"},"_links":{"self":[{"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/posts\/279607","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/comments?post=279607"}],"version-history":[{"count":5,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/posts\/279607\/revisions"}],"predecessor-version":[{"id":279613,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/posts\/279607\/revisions\/279613"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/media\/279608"}],"wp:attachment":[{"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/media?parent=279607"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/categories?post=279607"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/halkweb.com.tr\/en\/wp-json\/wp\/v2\/tags?post=279607"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}