Tuzla Infantry School case: Lieutenant Ö.S. returns to the TSK

Müyesser Yıldız - 12punto.com.tr

The lawsuit filed by lawyers İbrahim Yılmaz, Mustafa Güler, and İlter Aksoylu for the annulment of the decision by the Land Forces Command High Disciplinary Board on January 19, 2024, to dismiss Lieutenant Ö.S. from the TSK along with several other lieutenants, had been unanimously rejected by the Istanbul 5th Administrative Court on January 30, 2025, on the grounds that "there was no illegality in the dismissal process from the TSK."

In their appeal to the Istanbul Regional Administrative Court, Lieutenant Ö.S.'s lawyers pointed out that "Ö.S.'s remarks in the WhatsApp group were directed at sect sheikhs and their followers, that there was no intent to denigrate beliefs and values, that these messages were shared in a WhatsApp group of graduates from a period to which the lieutenants who refused to wear the Atatürk photograph did not belong, meaning the messages did not reach those individuals, and that the criminal investigation conducted over those words was being pursued under the charge of 'insult'."

The Ministry of National Defense, in its defense, argued that the grounds for appeal presented by Ö.S.'s lawyers were not of a nature to require the overturning of the court's decision, asserting that the decision was in accordance with the law and requesting that the appeal be rejected.

"NO INTENT TO DENIGRATE RELIGIOUS VALUES"

However, the Second Administrative Litigation Chamber of the Istanbul Regional Administrative Court, which reviewed the file, unanimously overturned the decision to dismiss Lieutenant Ö.S. from the TSK on February 20.

In its ruling, the court first emphasized that maintaining a fair balance between the actions subject to discipline and the sanctions imposed is a requirement of the principle of a state of law, and recalled the following article of the Military Academies Law titled "Main Principles":

"The following main principles are taken into consideration in the planning, programming, and implementation of education and training in Military Academies: a) Students shall be provided with a sense of service and professional values in line with Atatürk's principles and reforms, and commitment to the principles of Atatürk nationalism, and a democratic, secular, and social state of law. b) Our national culture is protected and developed within universal values, with its forms and characteristics tied to our customs and traditions, and students are provided with a spirit and willpower that strengthens national unity and solidarity. (...) provision is included."

Continuing the ruling, the court stated that the incident should be evaluated as a whole and noted the following:

"It is clear that the process, which began with infantry lieutenant A.A.'s refusal to wear Atatürk's photograph despite warnings during the November 10, 2023, Atatürk Commemoration Ceremony and the subsequent reaction of his fellow infantry lieutenants, cannot be examined independently of the principles and values of the Turkish Armed Forces and the nature of the training the lieutenants have received since entering the Military Academies. Due to an incident that could have been prevented had the administration taken the necessary measures in time, many reactive posts were made in the WhatsApp groups used by the 174th Term Graduates of the Military Academy. It is observed that the plaintiff used profanity in the WhatsApp group that should not have been uttered, but that these words, shared impulsively within the context of the causes and the manner in which the event occurred, were not spoken with the intent to denigrate religious values, and indeed, the criminal investigation opened against the plaintiff by the Istanbul Chief Public Prosecutor's Office is being conducted within the scope of the crime of insult. In this case, considering the fundamental principles and rules to which the Turkish soldier is bound, as well as the cause and manner of the event, it has been concluded that the plaintiff's action does not possess the nature or gravity to be defined as an attitude or behavior that would damage the reputation of the State and the TSK, or as a serious crime or act of indiscipline. Therefore, there is no legal basis for the decision to punish the plaintiff with the penalty of separation from the Armed Forces, and no legal merit is found in the contrary decision of the first-instance court."

Müyesser YILDIZ

March 17, 2026

News Source: Müyesser Yıldız