I was at that hearing... Commander Alper: 'Let me be dismissed, let the lieutenants return'

You are aware that the Ankara 19th Administrative Court unanimously annulled the dismissal decision of Colonel Alper Topsakal, the acting School Commander at the time, who was expelled from the Turkish Armed Forces (TSK) on the accusation that he did not prevent the lieutenants from crossing their swords and reciting the Officer's Oath, saying “We are the soldiers of Mustafa Kemal” after the official part of the Military Academy graduation ceremony had ended.

But do you know how Colonel Topsakal defended himself in that court, or what he said?

Let me tell you that as well.

As you know, no official minutes are kept in administrative courts; however, I was in the courtroom on October 21, the day Commander Alper's defense was heard, and I watched the hearing from start to finish and took notes. I waited for the verdict to be delivered to share these.

At the beginning of the hearing, attended by Alper Topsakal and his lawyer Cengiz Demirtaş, as well as the Ministry of National Defense (MSB) lawyers, the Presiding Judge asked, referring to Commander Alper starting to work at the Ankara Metropolitan Municipality after his dismissal from the TSK, “We heard from the press, are you happy with your job?”

Commander Alper replied, “I want to return to the military. To rectify the injustice done to me. I am here as someone who dedicated his life to the homeland, only to have his uniform stripped away in the end. During those intense duties, I neglected my family; I couldn't even attend my father's funeral.”

Continuing, the Judge asked, “You were in the East, weren't you? Where are you from?”

Commander Alper, stating that it is crude for a person to talk about themselves, replied, “I stayed away from my family for nearly 10 years. I gave orders for people to die... You asked if I am working. I have to support my family. I have no savings.”

After the Presiding Judge said, “Let's do this, let's get to the accusation,” Commander Alper began his defense as follows:

“In 2024, I was appointed as the acting Student Regiment Commander from the Hakkari Mountain Commando Brigade. The School Commander had been promoted. We were going to go to the camp in Menteş with the students. Most of the school's staff had been promoted or retired. I was told, ‘You will conduct the ceremony.’”

The Judge interrupted and asked who said this. Commander Alper explained:

“The School Commander. Families are coming, state officials are present. Let the ceremony go well; that was our only concern. The Commander said, ‘If necessary, remove those who don't know how to march from the ceremony.’ I said, ‘I will make them march.’ There were 14 days until the ceremony, and I just tried to execute the ceremony. As a matter of fact, the School Commander and the Minister of National Defense liked it.”

''IF I RETURN, I WANT TO GO BACK TO HAKKARİ''

The hearing continued with the following questions and answers:

Judge: “You don't mean the sword-crossing ceremony, do you? Lieutenant Ebru; did you hear about that?”

Commander Alper: “They told the battalion commander they wanted to recite it at the ceremony. Permission was not granted, they obeyed the order. They weren't dismissed for disobedience anyway, they were dismissed for indiscipline. They also recited it on the night of August 29. It is a tradition at the Military Academy, we did it too. Swords are crossed, marches are sung.”

Judge: “As far as it appeared in the press, the phrase ‘We are the soldiers of Mustafa Kemal’ was used. Did it happen at ceremonies before?”

Commander Alper: “Of course.”

Judge: “Did they tell you verbally?”

Commander Alper: “No.”

Judge: “Didn't you think, ‘There is a request, they might do this’?”

Commander Alper: “They went to the Dean twice.”

Judge: “Isn't wanting to recite a removed text also indiscipline?”

Commander Alper: “No. If they had said, ‘We want to do this after the ceremony,’ we still wouldn't have allowed it. It is said that ‘7 applications were made’; if 7 applications had been made to me, I would have thought, ‘They are going to do this.’ They recited it on August 29; if it's indiscipline, did they take action on it? No action was taken in previous years, and I am expected to foresee it. The Dean knows. The ceremony went well. The School Commander thanked me. The video exploded the next day. If the decision is to be made based on media sharing, let's not make one. Why was the disciplinary investigation started on September 6 and not the next day? Just dismiss me. These children are young. They are our children. The mistake they made is mine. My uniform was taken off me, my weapon and ID were confiscated. Despite everything, I have no resentment toward state institutions. If I return, I want to go back to Hakkari, to northern Iraq. Whether I return or not, I will work for my country until my last breath.”

''COULD SOMEONE HAVE DIRECTED EBRU?''

Judge: “Do you know the lieutenants personally?”

Commander Alper: “I only know Ebru; because she was the top student of the school.”

Judge: “What kind of girl was Ebru? Was she someone who would commit indiscipline? Could someone have directed her?”

Commander Alper: “No.”

''DOES THE OFFICER'S OATH BELONG TO THE FEBRUARY 28 PERIOD?''

Following these statements, the Presiding Judge asked for the request of the MSB lawyers. When the lawyers requested the dismissal of the case, the Judge asked, “Does receiving any other punishment besides this one prevent him from rising, from becoming a General?” After the lawyers answered, “No,” the following was discussed:

Judge: “What kind of precaution should he have taken to prevent the incident?”

MSB Lawyers: “We stated it in our petition.”

Judge: “Was the decision to dismiss from the profession taken unanimously or by majority vote?”

When the MSB lawyers had difficulty answering this question, Commander Alper and his lawyer Cengiz Demirtaş intervened and explained that the Ministry of National Defense High Disciplinary Board made this decision unanimously, and that the Land Forces Command High Disciplinary Board looked at the lieutenants' file and that the decision was taken by majority vote there. Commander Alper also emphasized that there were five minor disciplinary penalties before the dismissal. The Presiding Judge said, “According to the Civil Servants Law, a salary cut penalty, for example, is an obstacle to promotion.”

When Commander Alper's lawyer Cengiz Demirtaş began his defense by saying, “The lieutenants did not apply directly to Commander Alper. 7 of them made applications to separate authorities and no one knew about the others. Commander Alper had only been there for 15 days. There is no planning for after the ceremony; because it is something that has been happening for years,” the following dialogue took place:

Judge: “When was this Officer's Oath put in place, when was it removed? It is called the February 28 period - we couldn't see it in the file...”

Atty. Demirtaş: “It was recited in the 1995-2023 period.”

Judge: “Before February 28, right?”

Atty. Demirtaş: “Yes.”

Judge: “Then why was it removed?”

MSB Lawyers: “The administration's discretion.”

Atty. Demirtaş: “MSB Rector Erhan Afyoncu removed it with instructions from the political will. It was decided to remove it because it reminded of the past. But no directive was published regarding this.”

Judge: “Isn't it against the ordinary flow of life? There is an instruction not to recite it, but they recite it anyway.”

Commander Alper: “After the ceremony.”

''IF LOYALTY TO MUSTAFA KEMAL SHAKES REPUTATION''

Member Judge and Presiding Judge: (To MSB Lawyers) “You say, ‘The reputation of the TSK and the state was shaken.’ How was it shaken?”

MSB Lawyers: “We wrote the reasons in our petition.”

Judge: “Then let's ask the plaintiff, ‘How did you not shake the reputation of the TSK?’”

Commander Alper: “If loyalty to the founding principles of the Republic of Turkey and Mustafa Kemal Atatürk shakes the reputation; let me be dismissed, let the children return... They said ‘reputation was shaken’ because the images were shared on social media.”

Atty. Demirtaş: “Commander Alper is accused of ‘Why didn't you convey the lieutenants' request to their superiors?’ It is already against the regulations and was rejected. Now, if a lawyer here said, ‘I cannot make a defense without smoking,’ is there a need to ask the Judge, or even the bailiff? Smoking is prohibited in closed areas; but despite this, would you ask your superior?”

Judge: “No, I am an independent judge, I don't ask anyone. We will not make a decision for Alper Topsakal, but in the name of the Turkish Nation. The point is this, Alper Topsakal learned or did not learn; should he have taken precautions or not?”

Atty. Demirtaş: “Regarding our 12 soldiers who were martyred in a cave in northern Iraq, the MSB made a statement saying, ‘there is no negligence, it is an unforeseeable situation.’ This is also not a foreseeable situation.”

Judge: “How many years does it take to become a Colonel?”

Atty. Demirtaş: “23 years.”

Judge: “We will discuss whether a 23-year soldier can foresee it or not.”

At the end of the hearing, Commander Alper's final words were:

“I want my sweat and my labor to be seen and to wear my uniform again.”

These are the things that happened in the trial regarding Commander Alper's dismissal from the TSK. And the 19th Administrative Court gave that annulment decision, which was also the expectation of the Turkish Nation.

May the same happen for our lieutenants and Battalion Commander Staff Lieutenant Colonel Halit Türkoğlu...

Müyesser YILDIZ

December 3, 2025