First ruling for lieutenants: Rejected

The first result has arrived in the lawsuit filed for a stay of execution by the lieutenants who were dismissed from the TSK on charges of "indiscipline" after crossing swords among themselves and saying "We are the soldiers of Mustafa Kemal" following the graduation ceremony on August 30.

The same court in Ankara unanimously decided to reject this request from the two lieutenants on the grounds that "no damages that are difficult or impossible to compensate have arisen."

Lieutenants Ebru Eroğlu, Talip İzzet Akarsu, Batuhan Gazi Kılıç, Serhat Gündar, and Deniz Demirtaş filed lawsuits in March and April for a stay of execution regarding the dismissal process. However, the courts, as if by prior agreement, decided that the applications should be handled after the defense of the Ministry of National Defense (MSB) was received. Meanwhile, one court attempted to have the lieutenants' cases heard together. However, the Ankara Regional Administrative Court unanimously rejected this request.

HALF-PAGE RULING

Following these developments, the Ankara 20th Administrative Court handled the applications of Serhat Gündar and Talip İzzet Akarsu on May 27.

In the applications made by Gündar's lawyer Namık Öztürk and Akarsu's lawyers Serdar Öztürk and İbrahim Yılmaz, it was stated that "the lieutenants did not have any behavior that would hinder service, the alleged actions were not proven, the investigation was not conducted in accordance with the procedure, and the right to defense was restricted," while the MSB argued that the dismissal process was in accordance with the law.

The court issued the following half-page ruling separately and unanimously for both lieutenants:

"In the second paragraph of Article 27 of the Administrative Procedure Law, it is stipulated that administrative courts may decide to stay the execution by providing justification if the conditions of the occurrence of damages that are difficult or impossible to compensate in the event of the implementation of the administrative act and the administrative act being clearly contrary to the law are met together. Upon examination of the file, since it is understood that the conditions stipulated in the aforementioned law provision have not been met in the case, the request for a stay of execution is rejected..."

Müyesser YILDIZ

June 3, 2025

News Source: Müyesser Yıldız