Assault incident in the barracks: Is there no disciplinary action for the general?!

How often have we heard and continue to hear the phrase, "The fundamental characteristic of the Turkish Armed Forces is discipline," right?

We heard it, for example, during the incident where lieutenants crossed their swords after the 2024 graduation ceremony of the Military Academy and celebrated by saying, "We are the soldiers of Mustafa Kemal."

But that was not all that was said; the head of state himself said, "Who are you drawing these swords against?.. We will clean them out."

And so it happened; the 5 lieutenants in the first circle were dismissed from the TSK within 5 months. The lieutenants in the second circle were given disciplinary penalties.

THE GENERAL WHO FLEW AT THE MATCH

When it was reflected in the media days later that Major General Mete Kuş, the Base Commander, had been reassigned to the headquarters following the events that took place at the Konya 3rd Main Jet Base Command in April, the Ministry of National Defense (MSB) issued the following statement: "The preservation and maintenance of established discipline in the Turkish Armed Forces is indispensable. As we have emphasized before, our Turkish Armed Forces view all events within the framework of discipline and carry out procedures within the framework of relevant legislation." What was the incident there? According to allegations, a fighter jet and a helicopter were flown over the stadium during the Tümosan Konyaspor-Fenerbahçe match, a banner reading "Success to the eagles of the grass from the eagles of the skies" with an F-16 background was hung on the sidelines, and furthermore, 25,000 portions of lokma (a traditional dessert) were distributed in front of the stadium at another match 9 days prior, and images of Major General Kuş greeting the fans were published.

How is the investigation regarding the general going, has it concluded, and if it has, was any disciplinary penalty recommended - we do not know; but there are new allegations as follows:

On the night the match was played, Major General Kuş personally determined the flight routes and piloted the helicopter that flew over the stadium himself. The lokma distributed at the previous match was not for 25,000 people, but for 5,000, and it was covered by the base's budget. However, when the incident became public, he paid for it out of his own pocket.

GAPS IN THE MSB'S STATEMENT

Finally, regarding the assault allegation that we brought to the agenda last week, the MSB provided the following information under the heading "An incident that occurred in one of our brigades":

"The preservation and maintenance of established discipline in the Turkish Armed Forces is indispensable. As we have emphasized before, our Turkish Armed Forces view all events within the framework of discipline and carry out procedures within the framework of relevant legislation. Permission for an investigation regarding the incident in question has been granted by our Ministry. In the Turkish Armed Forces, whatever the rank or position, the necessary action is taken against anyone who acts contrary to discipline and the law."

Unfortunately, this statement by the MSB is true, but quite incomplete. Let us explain the reason point by point.

Yes, permission for an investigation was granted regarding the brigade commander who assaulted the non-commissioned officer (NCO), but this is entirely a judicial process. After that permission, an investigation will be conducted by the High-Level Official Investigation Bureau of the Supreme Court of Appeals Chief Public Prosecutor's Office, and if an indictment is prepared, the general will be tried at the Supreme Court of Appeals.

However, the incident was not limited to assault; according to the claim of the NCO's lawyer, İbrahim Yılmaz, there was also "threat and insult." However, the MSB did not grant permission for an investigation regarding these accusations on the grounds that "sufficient evidence could not be reached." Attorney Yılmaz applied to the Council of State to have this permission, which was not granted "despite concrete witness statements and in violation of the Military Penal Code," overturned. There was no information regarding this in the MSB's statement.

Let us recall the disciplinary investigations in the cases of the lieutenants or Major General Mete Kuş. 5 lieutenants were dismissed, and others were given disciplinary penalties. The MSB confirmed that Major General Kuş was reassigned to the headquarters at the beginning of the investigation, calling it a "change of duty." However, it was not announced whether any disciplinary penalty was given to the general accused of assault, or whether he continues his duty.

The meaning of disciplinary penalty is this; Attorney İbrahim Yılmaz stated that "mistreatment of a subordinate" in the Military Penal Code is defined as "treating a subordinate badly outside of military procedures and rules, making their service unnecessarily difficult for the purpose of torment, or tolerating mistreatment by others," and noted that the penalty for this is "not leaving the place of duty."

As for the effects of the general continuing his duty during the investigation process; according to the allegations, the NCO continued to be subjected to mobbing. So much so that, on one occasion, his defense was taken for "stepping into the headquarters," but the disciplinary supervisor did not impose a penalty. In the end, 4 months after the incident, the NCO requested a transfer from the relevant department with a petition in which he mainly spoke about the assault, and he was only transferred to another place in March.

THE PENALTY GIVEN TO THE NCO

One of the most critical points of the assault incident in the barracks was that while the administrative investigation regarding the brigade commander was ongoing, the NCO's defense was taken on the grounds that he committed the disciplinary offense of "not being discreet," and he was sentenced to "partial continuation of service for one day," with no right to appeal.

The reason for the penalty in question was that after the incident occurred, the NCO shared the information that the commander of the corps to which the brigade is attached had come there, and then the two commanders went to the Chief Public Prosecutor's Office together, with his lawyer İbrahim Yılmaz because he was worried about his future, and that the lawyer then applied to the MSB to object to this penalty and requested an investigation be opened against those involved.

Even though 5 months have passed since that objection and investigation request, the MSB has not provided any information on this matter to either Attorney Yılmaz or the public.

Evaluating the incident as a punishment not only for the NCO but also for themselves, Attorney İbrahim Yılmaz said, "The client was punished in a way that he cannot apply to the judiciary simply because he used his right to defense. This penalty will remain on the client's record throughout his entire military life and will have negative consequences during professional selection stages. The penalty given to the client, who shared the problems he experienced with his lawyer and asked him to apply to the necessary places, is actually not against him, but an illegality that we cannot see an example of even in tribal states, aimed at preventing all lawyers representing the right to defense from performing their profession," and called the Union of Turkish Bar Associations to duty, also noting that he would file a criminal complaint with the Supreme Court of Appeals Chief Public Prosecutor's Office against those involved for "restricting the right to defense."

I wonder if we will ever see the days when the scales of justice do not weigh anyone "according to their wealth, title, or status," and the judiciary "always protects human dignity and the law"?!