Experts: “The lieutenants did not commit a crime, they made us proud”

Müyesser YILDIZ / 12punto.com.tr

Before the file of the lieutenants, whose dismissal from the TSK is being sought, is discussed tomorrow at the Land Forces Command High Disciplinary Board (YDK), three professors from Başkent University Faculty of Law, who provided an expert opinion, stated, “None of the material or moral elements of the disciplinary offense attributed to Lieutenant Ebru Eroğlu and her colleagues have occurred in this concrete case.” The professors also commented on the Officer's Oath recited by the lieutenants, saying, “Every Turkish child gets goosebumps when reading this text.”

The expert opinion, provided by three faculty members from the Department of Administrative Law at Başkent University Faculty of Law at the request of the lieutenants' lawyers, was prepared based on a copy of the investigation file in light of the Constitution, the European Convention on Human Rights, the TSK Internal Service Law, the TSK Disciplinary Law, and other legislation.

In the expert opinion, the chronology of the “event in question” was first summarized as follows:

“It is understood that the graduation ceremony on August 30 was conducted in the presence of state protocol in accordance with directives and orders; that after the graduation ceremony ended, the lieutenants were kept waiting behind screens outside the ceremony area; that after the announcer declared ‘The ceremony is over’ and the protocol left the area, the lieutenants entered the field for the traditional sword-crossing ceremony and to take photos with their families; that during this time, the lieutenants began to gather on the field; that Lieutenant Ebru Eroğlu went to the microphone and made an announcement; and that it is seen in the existing photos and footage in the examined files that some officers were also present on the field during the event. Following the reflection of the event in the press and public opinion, an administrative investigation and disciplinary inquiry were conducted, and the lieutenants were referred to the High Disciplinary Board with a request for dismissal from the TSK.”

THEY ACTED IN ACCORDANCE WITH THE DIGNITY OF THE TSK

The “Legal examination and evaluation” section of the expert opinion stated the following:

“According to the information and documents in the file submitted to us, the lieutenants did not engage in the slightest action, attitude, or behavior contrary to the order given for the official ceremony program. The lieutenants recited the Officer's Oath during an unofficial event after the ceremony. This activity does not in any way constitute a violation of an order. Because the order given contained a prohibition related to official ceremonies and did not cover the stage of unofficial events. In particular, it is not possible to accept that a text that was officially recited at graduation ceremonies for 27 years from 1995 to 2022 constitutes a disciplinary offense in the form of engaging in behavior that hinders service, requiring ‘dismissal from the Armed Forces,’ just because it was recited by the lieutenants who graduated in 2024 as a memento at their school after the official ceremony. There is no expression, implication, or meaning in the content of the oath in question that would constitute a crime or a disciplinary offense in the military sense. If this were the case, it would not have been recited at graduation ceremonies until 2022 anyway. The lieutenants saying, ‘We are the soldiers of Mustafa Kemal,’ is a requirement of the principle of Atatürk nationalism, which is one of the unchangeable and unamendable characteristics of the Republic of Turkey enshrined in the Constitution. Attributing any other meaning to this sentence is clearly contrary to Article 11 of the Constitution regarding the supremacy and binding nature of the Constitution. The reflection and distortion of the event in the public eye after the ceremony in question cannot be a justification for ignoring the mandatory provision of the Constitution.”

In the same section, after recalling that a similar version of the oath recited by the lieutenants is also included in the oath texts read by the President, members of parliament, and civil servants when they take office, it was stated:

“The activity of the lieutenants cannot be characterized as ‘engaging in behavior that hinders service or attitudes and behaviors that will damage the reputation of the TSK.’ Because the activity performed is not one that diminishes the reputation of the TSK, but on the contrary, one that elevates it. Even though the ceremony was over, the lieutenants acted in a very disciplined and harmonious manner, in accordance with the dignity of TSK members, and recited the text known as the Officer's Oath in the Turkish Army, with its pride-inducing content. It is not possible to accept that this action carries content that diminishes the reputation of the TSK. Every Turkish child gets goosebumps when reading this text. In summary, none of the material or moral elements of the disciplinary offense attributed to Ebru Eroğlu and her colleagues have occurred in this concrete case.”

It was learned that the lieutenants' lawyers will present this expert opinion to the YDK members at tomorrow's meeting.

News Source: Müyesser Yıldız