There was a first lieutenant dismissed from the TSK for describing the state of Antakya after the earthquake!

Yesterday marked the second anniversary of the Kahramanmaraş-centered earthquake, in which we lost over 50 thousand of our people according to official figures. The unhealed wounds bled once again.

Also on our agenda is the dismissal from the TSK of 5 lieutenants who crossed swords and recited the Officer's Oath during a celebration they held among themselves after their graduation ceremony, declaring "We are the soldiers of Mustafa Kemal," as well as 3 commanders who were dismissed on charges of "engaging in behavior hindering service, lack of discipline, and damaging the reputation of the TSK" for allegedly failing to prevent them.

The spokesperson for the Ministry of National Defense defended the dismissal decision once again yesterday, stating, "These young people were not punished for the words they spoke, but because they engaged in a pre-planned, collective, and organized act of indiscipline, disrupted absolute obedience, and damaged the reputation of the TSK."

What do the earthquake and the lieutenants have to do with each other, you ask?..

We are going to talk about First Lieutenant A.A., who was stationed in Reyhanlı during the Hatay-Antakya earthquake, which was centered in Kahramanmaraş but, so to speak, was where the apocalypse occurred.

While he was working heart and soul after being sent from Reyhanlı to Antakya with his unit, he also saw the negligence and shortcomings that we all saw.

He couldn't hold back, and from the first two days, he shared what he witnessed. While criticizing AFAD, the Red Crescent, the fire department, and looters, he recounted that people asked, "These are just a handful of soldiers, where is the state?" and that he replied, "We are the state."

Considered "Behavior Hindering Service"

As you might guess, once these were reported in the news, the TSK immediately launched a disciplinary investigation into A.A. The investigation, which began 21 days after the earthquake, was completed on March 16, and it was deemed appropriate to refer him to the High Disciplinary Board (YDK). On January 25 of last year, the Ministry of National Defense's High Disciplinary Board decided to dismiss A.A. from the TSK on charges of committing the act of "engaging in behavior hindering service." Minister Yaşar Güler approved this decision on February 29.

A.A.'s lawyer, İbrahim Yılmaz—who is also the lawyer for the 5 lieutenants—filed a lawsuit at the Erzurum 2nd Administrative Court for the cancellation of the decision in question. In his cancellation request, Attorney Yılmaz first drew attention to the following:

"From the moment he reached the center of the destruction in Antakya, where he was assigned, he served selflessly with his unit in the earthquake zone to pull countless survivors from the rubble, to help those who lost their loved ones reach their bodies, and to ensure the life and property safety of the public... Upon seeing that negative perceptions were being created on social media after the earthquake that the TSK did not play an effective role in the earthquake zone, he penned a post to explain that this perception was not true and that, as a member of the TSK, his entire military unit had been working selflessly since the first hours of the earthquake to ensure the life and property safety of the earthquake victims... His statements regarding AFAD were not of a nature to damage the reputation of the state... The fact that his post was turned into news was a situation that developed outside of his will, and he cannot be held responsible for the leaking of events to the press and the creation of manipulated news... It is impossible to say that he acted with the intent to damage the reputation of the State and the TSK in his act of writing what he saw in the earthquake zone... The material element of the act of engaging in behavior hindering service did not occur; on the contrary, he expressed the TSK's self-sacrificing service during the earthquake, and the punishment given does not comply with the principle of proportionality..."

Following this, Attorney Yılmaz emphasized that A.A.'s "right to defense was effectively blocked, and that before his defense was even taken, the disciplinary supervisor had already stated in advance that he would be referred to the YDK and that a dismissal penalty from the TSK would be requested."

The Ministry of National Defense, in its defense sent to the Court, defended the dismissal decision and requested that the cancellation request be rejected.

Court: Everyone Criticized

The Erzurum 2nd Administrative Court heard the case on December 31. Let us come to the decision rendered at the end of the hearing, which A.A.'s lawyer Muhammet Oğuz Kardaşlar attended, but no one from the Ministry of National Defense attended.

First, the provisions of the European Convention on Human Rights and our Constitution regarding freedom of expression and the freedom to explain and disseminate thoughts, as well as the disciplinary penalties stipulated in the TSK Disciplinary Law, were recalled, and it was stated:

"In order for a disciplinary penalty to be imposed on public officials for actions and transactions contrary to discipline, it must be revealed through an investigation conducted in accordance with the procedure whether the mentioned actions and transactions have been proven, and all evidence for and against the person concerned must be collected... There must be a fair balance between the disciplinary penalty imposed and the action of the person concerned... While establishing this balance, issues such as the manner in which the event occurred and whether the person concerned had criminal intent must also be taken into consideration..."

Continuing, it was emphasized that "public officials, including soldiers, have the right to benefit from freedom of expression just like all other individuals in society," and the following striking assessments were made regarding A.A.'s posts in summary:

"A state of emergency was declared in Hatay, Gaziantep, Malatya, Diyarbakır, Kilis, Şanlıurfa, Adıyaman, Osmaniye, Adana, and Elazığ, which were affected by the earthquake, primarily Kahramanmaraş, and with a later decision, the provinces of Bingöl, Kayseri, Mardin, Tunceli, Niğde, and Batman were also declared disaster zones. According to official figures, 50,783 people lost their lives and 115,353 people were injured due to the earthquake. It was reported that 37,984 buildings were destroyed. On the other hand, in addition to the affected infrastructure and superstructure, the activities of many institutions, including AFAD, were criticized due to the psychological factors arising in the face of the magnitude of the disaster, and this situation was also expressed by state leaders through written and visual media. It is not possible to think that the psychological burden of that moment, the news in the written and visual media, and what he saw in the field did not have an effect on the plaintiff's post, who was on duty in the field from the first moment as a soldier. In fact, the situation was noticed by the plaintiff after the interaction the post received, and the post was removed. There is no doubt that a public official must have the trust of the public while performing their duty. Considering what was experienced after the earthquake, it is seen that the plaintiff's words regarding what happened are directly related to the context of the issues that were discussed and criticized in the written and visual media and even academically in the subsequent process. In this framework, considering the content of the issues expressed by the plaintiff, what was experienced after the earthquake, and public debates, even if revealing his military identity is seen as a flaw, it is unthinkable for the plaintiff, who was involved in aid activities and activities aimed at ensuring public order, to remain indifferent to the issues in question."

Following these assessments, it was decided unanimously that A.A.'s statements fell within the scope of freedom of expression and the dismissal from the TSK was cancelled.

May the same happen for the lieutenants and their commanders!..