The grounds for the dismissal of the commanders: 'In order to protect the survival of the State and the TSK...'

The grounds for the dismissal from the TSK of Acting Regiment Commander Colonel Alper Topsakal, Battalion Commander Staff Lieutenant Colonel Halit Türkoğlu, and Company Commander Major Murat Öztürk, who were accused due to the celebrations held among themselves after the lieutenants' official graduation ceremony, have emerged. While the commanders were accused of failing to take necessary precautions and "paving the way for baseless slanders against the TSK," it was emphasized that "it is mandatory to be meticulous in the selection of personnel who will serve in the officer status in order to protect the survival of the State and the Turkish Armed Forces." Meanwhile, the celebration held by the lieutenants on the night of August 29 was also considered an "omen" of the incident that occurred on August 30.

ALTHOUGH THE ORDER "IT WILL NOT BE READ" WAS GIVEN

In the 115-page reasoned decision issued unanimously by the Ministry of National Defense (MSB) High Disciplinary Board, chaired by Deputy Minister of National Defense Musa Heybet, regarding the dismissal of the 3 commanders, it was summarized as follows:

- Regarding the graduating lieutenants' requests to read an oath outside of the regulations; that despite giving an order that the oath would not be read, they did not take the necessary measures for the execution and achievement of the order, that they did not grasp the importance of the issue and did not take precautions despite the existence of signs that such an indiscipline could occur in terms of its nature and severity during or after the ceremony, and that because the Company and Platoon Commanders, who are the closest superiors and know the cadets best, did not bind the assignments regarding the direction and management of the graduates to a strict order, it caused a weakness in the direction and management of the cadets after the ceremony...

- That a serious indiscipline occurred as a result of negligence in the supervision and control of their subordinates, and in this context, there is a causal link between their actions and the occurrence of the indiscipline...

- That by failing to exhibit the attitude and behavior required by their duty, they caused this indiscipline, which paved the way for baseless slanders against the TSK and for the TSK to be discussed and tarnished in the public eye for a long time, to damage the moral personality of the TSK...

- That they were aware of the acts disrupting discipline that occurred in front of the Mehmetçik Site on the night of August 29, 2024, which exceeded the limits of celebration and reached the level of rowdiness, and that they did not issue preventive orders or take measures despite the existence of signs regarding possible similar events...

- That remaining inactive/as a spectator during the incident on August 30, despite having the authority to intervene in the indiscipline, is not an acceptable behavior and is incompatible with their duties and responsibilities, that such actions would cause damage to the chain of command hierarchy and a decrease in the respect and trust of subordinates towards superiors, and lead to the normalization of disobedience, and that this situation cannot be accepted due to the established disciplinary understanding of the Turkish Armed Forces...

- When the subject indiscipline is evaluated within the scope of "typicality"; that the indiscipline of Engaging in Behavior Hindering Service, the boundaries of which are determined more by case law, is defined in the TSK Disciplinary Law as "engaging in attitudes and behaviors that will damage the reputation of the State and the Turkish Armed Forces or acts that constitute a serious crime or indiscipline," that the sanction foreseen for the subject indiscipline is the disciplinary penalty of separation, and that the classification of the indiscipline will change according to the results of the actions carried out by subordinates or those under their command as a result of the negligence of the superiors and the magnitude of the damage caused...

NO CRIME NECESSARY, DAMAGING THE REPUTATION OF THE TSK IS SUFFICIENT

The following remarkable evaluations were also made in the reasoned decision:

- That it is sufficient for the behaviors hindering service to damage the reputation of the TSK, and that it is not mandatory for the behavior requiring the termination of the personnel's status to also cause a crime...

- That the manner in which the indiscipline is committed is also important in the evaluation of the indiscipline, that it should be taken into account that as a result of the said action of the graduating lieutenants, which occurred due to measures not taken in time and chain negligence, the ground was prepared for baseless slanders against the TSK and for the TSK to be discussed and tarnished, and that in this context, the decision of separation from the Armed Forces would be proportionate within the scope of the principles of proportionality, necessity, and suitability...

- That since it must be accepted that the discretionary power granted to the administration in actions regarding military personnel is broader due to the importance and nature of the duty performed within the Turkish Armed Forces, the nature of the military service carried out, and the obligation of high-level loyalty; it would constitute a drawback for them to continue their duty within the Turkish Armed Forces...

- That despite the position and rank held by the personnel, they caused damage to the reputation and moral personality of the State and the TSK as a result of attitudes and behaviors contrary to the requirements of their duties and responsibilities...

In the decision; by citing the case law of the 12th Chamber of the Council of State that "in some cases in disciplinary law, conviction is sufficient," the view that "it is mandatory to accept that it is necessary to be meticulous in the selection of personnel who will serve in the officer status in the Turkish Armed Forces in a way that leaves no room for doubt in order to protect the survival of the State and the Turkish Armed Forces and not to create a security weakness" was also included.