Court cancels dismissal of lieutenant who refused to wear Atatürk photo from TSK

For 9 months, our agenda has been dominated by the fate of the 5 lieutenants dismissed from the TSK for crossing swords and saying “We are the soldiers of Mustafa Kemal” following the Military Academy graduation ceremony. Their fate will be determined by the judiciary, to which they have applied for the cancellation of the dismissal proceedings.

Before these 5 lieutenants, we were discussing the events that took place at the Tuzla Infantry School.

During the November 10 Atatürk Commemoration Ceremony in 2023, a group of lieutenants reacted to Lieutenant A.A., who was described as being a "cultist," after he refused to pin an Atatürk photo to his lapel, as well as to two other lieutenants who supported him. As a result of the administrative investigation, the High Disciplinary Board (YDK) of the Land Forces Command decided to dismiss both A.A. and his two friends, as well as the 4 lieutenants who reacted to A.A., from the TSK.

In the continuation of the investigation process, several more lieutenants who reacted to the failure to wear the Atatürk photo in WhatsApp group chats, in addition to these 7 lieutenants, were also dismissed from the TSK.

In the justification for the dismissal decisions taken unanimously by the YDK on February 8, 2024, it was stated that the "loyalty of A.A. and the other two lieutenants to Atatürk's Principles and the Republic was considered suspicious," and it was expressed that "it is both an obligation and a duty for every soldier to show loyal adherence to Atatürk's Principles and Revolutions and the Republic."

TWO SEPARATE DECISIONS FROM ISTANBUL

Naturally, these 7 lieutenants also applied to the administrative court for the cancellation of the dismissal proceedings.

We announced last month that the first of these cases, the one filed by Ö.S., who reacted to A.A. for refusing to wear the Atatürk photo, had concluded.

In the unanimous decision rendered by the Istanbul 5th Administrative Court, it was reported that it was concluded and believed that Ö.S. “significantly damaged the military atmosphere with an absolute understanding of discipline, as well as the spirit of comradeship and unity, which are fundamental values of the profession, and engaged in acts constituting attitudes, behaviors, and indiscipline that would harm the reputation of the State and the TSK,” and it was noted that “there was no illegality in the dismissal from the TSK.”

The second and interesting result came from the case filed by A.A. at the Istanbul 4th Administrative Court.

Despite the Ministry of National Defense sending a defense identical to the YDK's dismissal justification, the Court recently decided unanimously to cancel A.A.'s dismissal. In the court's reasoning, it was pointed out that the dismissal “did not comply with the criteria of proportionality, moderation, and typicality,” and it was emphasized that “while a disciplinary punishment appropriate to the act should have been given, the most severe sanction was applied.”

Both are administrative courts; yet there is one decision in one and another in the other. Let us suffice by asking, “Why?”!..

WHO CAME TO THE CHIEF OF STAFF POSITION?

Let us return to the dismissal of Ebru Eroğlu, the top graduate of the Military Academy, and her 4 friends from the TSK, who were accused of "indiscipline" for saying “We are the soldiers of Mustafa Kemal.”

The decision regarding them was not unanimous, but was taken by a vote of 5 to 4. Among those who opposed the dismissal of the lieutenants was the then-Chief of Staff of the Land Forces Command, Lieutenant General Tevfik Algan.

Lieutenant General Algan and 3 members summarized their dissenting opinion on the dismissal decision as follows:

“Considering that there was no order stating that the oath in question would not be read at the end of the official ceremony, and considering the content of the oath read along with the statement ‘We are the soldiers of Mustafa Kemal’ said at the end of the official ceremony, in light of Article 2 of the Constitution and the articles of the Military Academies Law, it does not constitute an illegality. The reading of the oath in question by some cadets, even if unplanned, is not of a nature to harm the reputation of the state and the TSK. Accordingly, it does not require the penalty of separation from the Armed Forces. It also does not align with equity. For this reason, as we are of the conscientious opinion that there is no need to impose a penalty of separation from the Armed Forces on the personnel, we did not join the opinion of the majority to the contrary.”

You know what happened next; Lieutenant General Algan's duty station was changed. He was first sent to a winter exercise, and then assigned to the 3rd Army Command. Upon this, Algan requested his retirement, meaning he resigned.

There are new developments.

First; a Major General who voted in favor of the dismissal of the lieutenants was brought to the Land Forces Chief of Staff position in place of Algan.

Second; his fellow classmates paid a support visit to retired Lieutenant General Tevfik Algan, who decided to settle outside of Ankara, and saw him off.

A very meaningful note was left on the historical process we are going through with this photo!..

Müyesser YILDIZ

May 7, 2025