Yaşar Aydın
It all began when President Erdoğan stated that he was ‘not obliged to respect’ a decision by the Constitutional Court that he did not agree with. Then Bahçeli said, ‘Let’s shut it down.’ At first, these were seen as impulsive statements by politicians directed at the public. However, particularly during the Can Atalay process, it became clear that the issue was not that simple. As will be recalled, on 25 October 2023, the Constitutional Court ruled that Can Atalay’s rights to ‘be elected and engage in political activity’ and ‘personal liberty and security’ had been violated and decided to send the case to the İstanbul 13th High Criminal Court, the court of first instance. The court sent the case to the 3rd Criminal Chamber of the Court of Cassation for evaluation of the Constitutional Court’s decision. On 8 November 2023, the 3rd Criminal Chamber of the Court of Cassation stated that it had issued a final ruling on Can Atalay and that the Constitutional Court had exceeded its authority. However, the decision had not been read in the General Assembly of the Turkish Grand National Assembly. As if that were not enough, a criminal complaint was filed against nine members of the Constitutional Court on the grounds that they had violated the Constitution. At the end of a process that dragged on like a never-ending story, thanks to TBMM President Kurtulmuş, the decision on Can Atalay was read out and his deputy status was revoked.
Although this issue appeared to revolve around a single deputy, the real aim was nothing other than to render the AYM, which was getting in the way of the government, ineffective. Indeed, after this incident, many decisions taken by the Constitutional Court were either ignored or circumvented. The Constitutional Court may not have been shut down, but there is little chance of it retaining any function. Now, a similar process is being attempted for the Supreme Election Board (YSK). Despite the YSK’s repeated decisions regarding the CHP convention, a local court is attempting to block the process. The CHP leadership is forced to respond to every move like a game of chess. There is no doubt that a local court showing such determination on such an important issue, especially when it concerns elections, is not independent of the government. For now, the government has not taken the same position against the YSK as it did against the AYM. But this does not mean it will not attempt to do so in the future. The YSK has now become an open target. Efforts are being made to turn it into an institution whose every decision is debatable and even open to criticism. The YSK’s immunity means nothing to the ruling party, as evidenced by the fabricated “ idiot” case that imposed a political ban on İmamoğlu. This ongoing debate over the high judiciary is undoubtedly linked to the ruling party’s vision for Turkey’s future. It wants to have the power to design almost everything in the country through a judiciary that is loyal to it. This includes elections. Consider what would happen to an election run by a worn-out YSK whose decisions are questioned and even disregarded. It is very clear that the government is trying to create the groundwork for this by undermining the high judiciary. Therefore, it is beneficial to view the criticism of the Constitutional Court and the YSK by the Palace’s entourage not as a “momentary outburst” or “tactic” but as a strategy that could extend to the 2028 elections.
The reaction to the local court’s stance regarding the YSK’s decisions on the CHP İstanbul Provincial Congress or the General Headquarters Convention is extremely important. It will determine not only today but also the fate of future elections. We must remember the “wet signature” achieved by the YSK and the 2019 İstanbul Metropolitan Municipality elections, and add to that what is happening today. Therefore, waiting for election day and hoping for a democratic outcome would be the biggest mistake the opposition forces could make. Clearly, the only thing that will make the government hesitate to make a move is the existence of organised popular resistance. This is also the only thing that will undo the government’s judicial strategy.
Note: This article is translated from the original article titled Önce AYM şimdi YSK taktik mi strateji mi?, published in BirGün newspaper on 30 September 2025.
