CHP Istanbul Provincial Chairman, who was sentenced to 4 years and 11 months in prison by the 3rd Penal Chamber of the Supreme Court of Appeals. Canan Kaftancioglu, did not comment on the decision and the political ban. He has been silent since Thursday.
While some lawyers stated that Kaftancıoğlu had to resign… “He can stay in the provincial presidency” defends his view.
I posed this question to Kaftancıoğlu yesterday. “How will you act from now on?” I asked.
He gave a short answer.
“I’m on my job” said.
This is not only Kaftancıoğlu’s individual attitude, but also CHP’s institutional approach.
Male: He will remain as the President of the Province
Deputy Chairman for Legal and Election Affairs, who made a presentation on the legal framework at the CHP Central Executive Board on Friday. Muharram Maleargues that Kaftancıoğlu’s sentence did not affect the provincial presidency.
to male “Doesn’t it prevent him from staying in the provincial presidency?” I asked.
“It does not prevent it. The headquarters represent the legal entity in political parties. These are the chairman and the central administrative board. Let’s say you are going to file a lawsuit against the CHP in Istanbul, you cannot take the provincial presidency as a party. Why? Because provincial and district organizations do not have legal personality.”
Mentioning that according to this decision, Kaftancıoğlu could not be elected to the chairmanship and central decision board, and that he could not be a candidate for deputy and mayor.“Kaftancıoğlu’s tweets are within the scope of freedom of expression. We will continue to keep him at the head of Istanbul” he said.
The example of Umut Yeğin from EMEP
However, last year, the Deputy Chairman of the Labor Party of the Supreme Court of Appeals Office of the Chief Public Prosecutor Hope Ygin The decision he made against him shows that Kaftancıoğlu, who was also punished for insulting the president, cannot be a party member.
in an action “Killer Erdogan” Yegin was sentenced to 11 months and 20 days in prison for insulting the president at the Van 6th Criminal Court of First Instance in 2017.
This fine was converted to 7 thousand TL.
Upon the approval of the sentence, the Political Parties Registry Office affiliated to the Chief Public Prosecutor’s Office of the Supreme Court of Appeals dropped Yeğin’s party membership on March 30, 2021. Articles deemed to be an obstacle to membership in the Political Parties Law (SPK) were cited as the reason.
Yeğin’s lawyer Principle Light, applying to the 12th Administrative Court of Ankara, wrote that insulting the presidency does not constitute an obstacle to party membership. Işık, in article 11/b-4 of the CMB “The crimes listed in the first chapter of the second book of the Turkish Penal Code” He argued that it was pointed out that not insulting the president, but genocide and crimes against humanity are included in this scope.
Ankara 12th Administrative Court, in its decision on March 31, 2022, found the Office of the Chief Public Prosecutor of the Court of Cassation to be justified. In the decision, it was stated that article 11/b-4 of the CMB includes the crimes in the first chapter of the second book of the former TCK numbered 765, including insulting the president.
I talked to Attorney İlke Işık yesterday.
Işık, for the decision of Umut Yeğin “This is a decision made up by the Supreme Court to prevent party membership. It is used to prevent opposition parties from engaging in politics.” said.
Işık said that he will apply to the regional court of appeal this week.
However, his objection does not stop the execution.
Yeğin’s EMEP membership was dropped.
Yeğin’s decision shows that Kaftancıoğlu’s party membership, and therefore his provincial presidency, will be dropped.