The law of lieutenants and 'incident-free ceremony' measures at the Military Academy!..

Last week, we discussed the government's new plans regarding the Turkish Armed Forces (TSK). According to the proposals included in an omnibus bill, Erdoğan would be granted the authority to dismiss personnel from lieutenant to colonel for lack of discipline, as well as to determine the duration of rank waiting periods in the TSK.

Since both would lead to dire consequences, they were naturally met with backlash. Whether it was a result of that reaction or because there was already an intention to "show death to make them accept malaria," it is unknown, but the dismissal provision was removed from the bill; however, the authority sought regarding rank waiting periods remained and was accepted in the TBMM Planning and Budget Committee.

In that article, where we explained what the AKP had done in the past to ensure that the work and procedures in the TSK are subject to judicial review, we gave the experiences of a lieutenant dismissed from the TSK as an example.

WHAT CHANGED IN 5 MONTHS?

To summarize;

I.T., a trainee lieutenant at the Army Aviation School Command in Isparta, made two posts in a WhatsApp group with his fellow cadets in August 2023. These were about our first domestic car, TOGG, and Erdoğan's relations with the King of Saudi Arabia.

Following these posts, an investigation was launched against I.T. In June 2024, he was dismissed from the TSK by the decision of the Land Forces Command High Disciplinary Board on the grounds that "the economic and diplomatic relations conducted by the Government of the Republic of Turkey were criticized, and the posts exceeded the purpose of humor."

As a result of the lawsuit filed by I.T. and his lawyer İlter Aksoylu at the Konya 3rd Administrative Court, the dismissal was canceled on January 16. In the unanimous decision, the principle of "there is no crime or punishment without law" was recalled, and it was concluded that "no concrete information or documents were presented to support that the posts in question were made with a political purpose, and no political comments or expressions were included in the continuation of the posts," and therefore the penalty applied was not "proportionate."

Following the decision, I.T. returned to the TSK, but the Ministry of National Defense objected to this. When the Konya Regional Administrative Court 3rd Administrative Litigation Chamber, which reviewed the objection, found the dismissal appropriate on April 16, I.T. was expelled from the TSK for the second time.

It turns out I wrote it incompletely.

The part we quoted above was about the cancellation process of the dismissal.

Before that, there was also a lawsuit filed for a stay of execution, and look what happened.

On October 31, 2024, the 3rd Administrative Court again unanimously listed the justifications in the decision to cancel the dismissal and decided to stay the execution, stating that "irreparable and impossible damages may arise if the actions that are clearly unlawful are implemented."

The Ministry of National Defense objected. The objection was again heard in the Konya Regional Administrative Court 3rd Administrative Litigation Chamber. On November 27, it was reported that there was "no illegality" in the decision given by the Court; in other words, the stay of execution was upheld.

It was after these stages that the process of canceling the dismissal took place. The 3rd Administrative Court took that decision on January 16 and did not find the dismissal "lawful and proportionate."

However, the Regional Administrative Court 3rd Administrative Litigation Chamber, which reviewed the decision upon the objection of the Ministry of National Defense, changed its mind this time and gave the following decision unanimously on April 16:

"Considering the position of the plaintiff, the nature of the duty he performed, and the actions he carried out, it has been concluded that his posts were of a nature that would damage the reputation of the State and the Turkish Armed Forces as defined in the law, constituted behavior hindering service, were in accordance with typicality and were proportionate, therefore no legal accuracy was seen in the Administrative Court's decision."

If you ask, "Did the President or members of the Regional Administrative Court change in the past 5 months?"; no, the same members gave both decisions.

Then, what could have changed? That is the mystery!..

IS THE LIEUTENANTS' CASE A HOT POTATO?

Let's move on to the lawsuits filed by lieutenants Ebru Eroğlu, Talip İzzet Akarsu, Batuhan Gazi Kılıç, Serhat Gündar, and Deniz Demirtaş, who were dismissed from the TSK on January 31 for "lack of discipline" because they crossed their swords and said "We are the soldiers of Mustafa Kemal" after the graduation ceremony, and their lawyers.

The courts, as if they had agreed, decided to look at the stay of execution after the defense of the Ministry of National Defense was received.

Meanwhile, something remarkable happened. The Court that would look at the lawsuit filed by Ebru Eroğlu made an attempt to have them all heard together on the grounds that there was a connection with the lawsuits of the other lieutenants.

The matter was transferred to the Ankara Regional Administrative Court. However, the relevant administrative litigation chamber, after examining all the files, decided to reject the connection request unanimously, stating that according to the Administrative Procedure Law, "each administrative action must be examined separately," and returned the files to their courts.

It seems that the case of the lieutenants, which a very large part of the public finds unfair, has turned into a "hot potato" for the legal community as well!..

THEY STARTED WORKING AT THE MUNICIPALITY

Let's share the latest development regarding the 5 lieutenants.

Following the events at the November 10 Atatürk Commemoration Ceremony at the Tuzla Infantry School in 2023, and the dismissal of Colonel Alper Topsakal, the Acting Regimental Commander, and Staff Lieutenant Colonel Halit Türkoğlu, the Battalion Commander, for not preventing the lieutenants from saying "We are the soldiers of Mustafa Kemal" at the Military Academy graduation ceremony, four lieutenants other than the top graduate Ebru Eroğlu have also started working at the Ankara Metropolitan Municipality in recent days.

MARTIAL LAW FOR MILITARY ACADEMY CEREMONIES

There is also news from the Military Academy.

Following what happened at last year's graduation ceremony, it seems martial law has already been declared for this year's ceremony.

According to allegations; the number of family members who will attend the ceremony has been limited, and it has been decided that they will enter with a code to be provided...

After the ceremony, it has been forbidden for the lieutenants to enter the field to meet their families or to take pictures...

It has even been forbidden for them to change their clothes in the battalion after the ceremony, and another place has been designated for the change...

While instructions were given that they should leave the school immediately as soon as they change their clothes, they were told, "Take whatever pictures you want wherever you want after you leave the gate"!..

Come and not remember the words of the eternal Commander-in-Chief Mustafa Kemal Atatürk; "The value of an army is measured by the value of its officers and command staff"...

Müyesser YILDIZ

May 26, 2025