Assault incident in the barracks: The general didn't beat the petty officer, he 'disciplined' him!...

While administrative courts have upheld the dismissal of 5 lieutenants from the Turkish Armed Forces (TSK) on charges of 'lack of discipline' for crossing swords and reciting the Officer's Oath after their graduation ceremony, and for saying “We are the soldiers of Mustafa Kemal,” the Council of State has shielded a general who assaulted a petty officer sergeant who was starting a vehicle in the barracks garage. Despite a medical report confirming the assault, the Council of State ruled that the general in question had merely grabbed the petty officer by the collar and pushed him “for the purpose of disciplining an act contrary to military discipline,” and subsequently canceled the investigation permit granted by the MSB regarding the matter.

Let us summarize this interesting incident for those who are unaware.

On November 3 at 09:45, a petty officer sergeant starts a vehicle in the garage of a brigade in the East. The brigade commander, whose office is near the garage, is disturbed by the noise of the vehicle, goes to the garage in a rage, and insults the petty officer, saying, “You idiot, you moron. Didn't I tell you not to start the vehicle?” He also slaps him and chokes him. While the incident is proven by cameras recording at the time, the petty officer also obtains an assault report.

Upon the complaint of the petty officer's lawyer, İbrahim Yılmaz, the Ministry of National Defense grants an investigation permit for the general for “assault,” but does not grant an investigation permit for the charges of “insult and threat” on the grounds that “no material evidence could be reached.” Attorney Yılmaz also applies to the Council of State to have this denied investigation permit lifted.

When this incident is asked about at the MSB's weekly press briefing; although it is not stated that an investigation permit was only granted for “assault,” the following statement is made:

“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 incidents within the framework of discipline and carry out procedures within the framework of the relevant legislation. An investigation permit regarding the incident in question has been granted by our Ministry. Regardless of their rank or position, the necessary actions are taken against anyone who acts contrary to discipline and the laws in the Turkish Armed Forces.”

THE GENERAL ALSO APPEALED

The Council of State phase of the incident was concluded in recent days.

What happened?

First of all, it emerged that the general had also applied to the Council of State to have the investigation permit granted for “assault” lifted.

The 1st Administrative Litigation Chamber of the Council of State, which heard the requests of both the general and the petty officer, unanimously found the objection against the MSB's refusal to grant an investigation permit for the insults and threats such as “You idiot, you moron, I will kill you” to be justified, on the grounds that “the alleged acts were not of a nature to require an investigation.”

Furthermore, by accepting the general's objection, it decided by majority vote and with finality to lift the investigation permit granted for the “assault” charge.

The justification for this was explained as follows:

“Although it is established by witness accounts that, despite the order previously given by Brigade Commander B.K. not to start the military vehicle inside the garage to prevent noise, the complainant started the vehicle inside the garage on November 3, 2025, to detect a leak in the vehicle, and that upon this, B.K. came to the company garage and grabbed the complainant by the collar and pushed him to discipline the complainant's act contrary to military discipline, it cannot be said that this act reached the intent and intensity of a battery within the military discipline and hierarchy system; for these reasons, since it is understood that the act attributed to the person is not of a nature to require an investigation, the objection is accepted and the part of the Minister of National Defense's decision regarding the granting of an investigation permit is canceled…”

One member dissented from the decision to lift this investigation permit against the general, stating, “the acts of slapping the complainant and choking the complainant are acts that directly target physical integrity and cause pain, and it was proven in the forensic medical report prepared for the complainant after the incident that the complainant was subjected to physical violence; considering the severity of the person's actions, these acts cannot be characterized merely as disciplinary behavior, and for these reasons, the act attributed to the person is of a nature that requires an investigation.”

“MISTREATMENT OF SUBORDINATES COUNTED AS DISCIPLINING”

Following this decision by the Council of State, the petty officer's lawyer, İbrahim Yılmaz, made the following remarkable assessments:

“In the decision rendered by the 1st Administrative Litigation Chamber of the Council of State; it was stated that the general grabbing the petty officer by the collar and pushing him for the purpose of disciplining him would not mean assaulting his subordinate. According to camera footage and the assault report, however, it is certain that the general slapped the petty officer and grabbed him by the throat and pushed him. In this state, the Council of State first softened the general's assault acts, which are proven by concrete evidence, and then said, ‘Nothing will come of this, what is the big deal? He did this to discipline you.’ Furthermore, with this decision, the Council of State has welcomed generals mistreating their subordinates in barracks and has declared that it will stand behind these generals. While we were expecting the general to also be investigated for the crimes of insult and threat against the petty officer, for which an investigation permit was not granted, we learned that it is not the rule of law that is valid, but the law of the superiors. As of the state the law has reached, although we have learned that we will not be able to get results in terms of seeking our rights, we plan to apply to the Constitutional Court against this decision and to file a compensation lawsuit against the Ministry of National Defense and the general due to the general's acts of tort. Even if we cannot get results from these, at least we will have noted for history who supported this clear lawlessness.”