18.12.2025 14:21
The Ankara 4th Administrative Court found the disciplinary penalty imposed on Lieutenant M.T. for "disobedience to orders" to be lawful, regarding his participation in the reading of the oath that had been removed from the legislation during the graduation ceremony of the Military Academy. The court stated that the order not to read the oath had been communicated clearly and in advance, and that despite this, the action was carried out in a planned manner.
The Ministry of National Defense imposed a penalty of "separation from the Turkish Armed Forces" on 5 lieutenants who participated in the sword oath ceremony by saying, "We are soldiers of Mustafa Kemal," during the graduation ceremony of the Army War School on August 30, 2024, while also issuing disciplinary penalties for "disobedience to orders" against many other lieutenants.
Lieutenant M.T, who received a disciplinary penalty, applied to the Ankara Administrative Court for the cancellation of the penalty of "one day of not leaving the service place," arguing that it was "unlawful, that there were no material and moral elements of disobedience to orders, that no order was given during the rehearsals to refrain from reading the mentioned oath verbally, in writing, or otherwise, and that the legal elements of the act of 'disobedience to orders' were not present."
FOUND TO BE LEGAL
The Ankara 4th Administrative Court found the disciplinary penalty imposed on the lieutenant who participated in the reading of the oath, which was removed from the regulations during the Army War School graduation ceremony, to be legal.
"SUBORDINATES ARE OBLIGED TO FULFILL THE ORDERS GIVEN TO THEM"
The court's decision stated that the foundation of the Turkish Armed Forces is discipline, and that administrative measures must be taken to maintain discipline, emphasizing that "subordinates are obliged to fulfill the orders given to them, and that any failure to do so constitutes indiscipline, which requires a disciplinary penalty corresponding to the act committed, and that the failure to fulfill the given orders should also be evaluated within the scope of the penalty for not leaving the service place."
APPLICATIONS REJECTED
It was also noted that the lieutenants applied to the MSÜ KHO Student Battalion Command and the MSÜ KHO Dean's Office at various times since the rehearsal for the ceremony began on August 13, 2024, requesting changes to the ceremony speech to read the oath that was not included in the program and was removed from the regulations, and to commemorate their deceased classmates, and that they made multiple applications to the platoon commanders and different authorities, resulting in these applications being rejected.
EMPHASIS ON "INDISCIPLINE"
The decision stated that during the battalion assembly held due to the ceremony rehearsals on August 20, 2024, all personnel were required to comply with the directive, and that it was not possible to deviate from the text specified in the directive and that a different oath text could not be read, which was communicated to the lieutenants collectively through the sound broadcasting system. It was assessed that "nevertheless, the reading of the oath that was not included in the program and was removed from the regulations during the traditional sword crossing activity of the lieutenants carried out on August 30, 2024, was undoubtedly an act of indiscipline in accordance with the regulatory provisions detailed above."
The lieutenant whose request for the cancellation of the disciplinary penalty was not accepted may appeal this decision of the Ankara 4th Administrative Court.