From compensation to rank: Regulation in the TAF law

With the Law on Amendments to the Turkish Armed Forces (TSK) Personnel Law and Certain Other Laws, in cases of military crimes alleged to have been committed by the Chief of General Staff, commanders of the Land, Naval, and Air Forces, as well as generals and admirals, the authorities authorized to grant investigation permits and the investigation and prosecution bodies will base their decisions on the final ranks and duties of the individuals at the time of the crime, rather than their ranks and duties at the time the offense was allegedly committed. In line with a Constitutional Court ruling, to ensure security and predictability within the scope of the right to request protection of private life, searches may be conducted to prevent danger or the commission of a crime upon the written order of a military unit commander, military institution head, head of legal services, or unit chief, provided that the matter is submitted for judicial approval within 24 hours in cases where it is deemed necessary. Following their discharge, hospital referral procedures will be handled by the military recruitment offices located in or nearest to their current locations.

COMPENSATION REQUIREMENT

According to the law that has entered into force, officers and non-commissioned officers who leave or are separated from the TAF before completing their mandatory service obligation—excluding those who leave the TAF with a medical report stating 'unfit for duty in the TAF' or as duty-disabled—will be required to pay double the cost of the education, training, and development expenses incurred by them, as determined annually by the Force Commands, primarily the Gendarmerie General Command and the Coast Guard Command.

Furthermore, those dismissed for the act of 'making indiscipline a habit', as regulated by the law, will be required to pay four times the determined costs as compensation, along with legal interest. For officers and non-commissioned officers who go abroad for education, their service obligations will be extended by twice the duration if the period exceeds 6 months.

AMENDMENTS TO THE SPECIALIST SERGEANT LAW

With the amendment to the Ministry of National Defense Revolving Fund Enterprises Law, all needs of the Ministry of National Defense's staff and organization will be managed outside of the revolving fund.

ANNUAL LEAVE AND TRANSFER CONDITIONS

With the entry into force of the law and the amendments made to the Specialist Sergeant Law, annual leave for specialist sergeants will be based on the schedule. However, those who do not use their planned annual leave in part or in full due to service requirements, against their own will, will be able to use their leave in subsequent years. The commander of the unit or headquarters where the personnel serves will issue a leave deferral document for the unused annual leave period. Planned leave for personnel who do not use their annual leave for the year by their own choice cannot be transferred to the following year.

STATUTE OF LIMITATIONS INCREASED FOR TERROR SUPPORT AND DISMISSAL FROM THE TAF

Additionally, the 5-year statute of limitations for applying the penalty of dismissal from the Turkish Armed Forces against personnel who act in concert with terrorist organizations, assist these organizations, use public facilities and resources to support these organizations, or engage in propaganda for these organizations by using or allowing them to be used, has been increased to 20 years.

DISCIPLINARY PENALTIES

With the new law, a regulation has been introduced stating that disciplinary penalties for which the judicial path was previously closed can now be reviewed and canceled by courts in cases where the accumulation of such penalties leads to dismissal from the Turkish Armed Forces.

DISCIPLINARY PENALTIES TO BE EXCLUDED FROM JUDICIAL REVIEW

During mobilization and wartime, disciplinary penalties other than dismissal from the armed forces issued by high disciplinary boards will be excluded from judicial review.

SCHOOL OF FOREIGN LANGUAGES INCLUDED IN THE NATIONAL DEFENSE UNIVERSITY ORGANIZATION

The School of Foreign Languages is being included in the National Defense University Organization. The School of Foreign Languages will operate to train military students with language skills developed to a level capable of following education and training in military academies, to provide foreign language training to personnel designated by the Ministry of National Defense through language courses opened within its structure, and to provide language training to guest military personnel and guest military students.

PRIVATE AND SPECIALIST PRIVATE LAW REGULATED ACCORDING TO CONSTITUTIONAL COURT RULINGS

The law, regulated in accordance with the decisions of the Constitutional Court, will introduce amendments to the Contracted Private and Specialist Private Law. Accordingly, in cases of disciplinary investigation, failure in duty, and inability to benefit from their services, the relationship of contracted privates and specialist privates with the TAF may be terminated before the contract expiration date. The relationships of contracted privates and specialist privates who act in concert with terrorist organizations, assist these organizations, or use or allow public facilities and resources to be used to support these organizations will also be terminated before their contract periods expire.

ENCOURAGING SPECIALIST SERGEANTRY

Under the law, the salary paid to contracted privates and specialist privates is currently paid with an 8 percent increase for commando units and a 3 percent increase for ships and floating units in special circumstances. Similarly, considering working conditions, it will be possible to pay a 5 percent increase on the monthly salaries paid to contracted privates and specialist privates serving in the Amphibious Marine Infantry Brigade Command in terms of the work difficulty and risk they undertake. In order to benefit from the experience gained by contracted privates and specialist privates within the ministry where they serve and to encourage the transition to specialist sergeant status, payments will be made if contracted privates and specialist privates become specialist sergeants, provided they remain within the ministry to which they are attached.

News Source: 12punto