15.02.2025 23:40
After the graduation ceremony of the Military Academy, Serhat Gündar, one of the five lieutenants expelled from the Turkish Armed Forces for reading the student oath that was abolished without the permission of their superiors while drawing their swords, filed a lawsuit at the Administrative Court requesting the annulment of the decision and the suspension of its execution. The petition emphasized that "there is no order stating that the abolished oath would not be read after the official ceremony."
After the official graduation ceremony of the Army Academy on August 30, 2024, Serhat Gündar, one of the five lieutenants expelled for reading the student oath that was abolished without the permission of their superiors and for clashing swords, filed a lawsuit at the Administrative Court seeking the annulment of the decision of the High Disciplinary Board and the suspension of its execution.
"IT IS STRIKING THAT THE DECISION WAS ESTABLISHED WITH ONLY ONE VOTE MORE" In the petition submitted to the Administrative Court by Serhat Gündar's lawyers, it was emphasized that it is significant that one of the members who voted against in the High Disciplinary Board is the most senior (major general) and thus has the longest military experience, one is a branch manager, one is a brigadier general, and one is the Chief of Legal Services with the rank of judge colonel. It was stated, "It is striking that the action in question was established with only one vote more, despite the statements reflected in the press by the highest officials of the State and the Ministry of National Defense that 'the lieutenants should be dismissed,' in an institution like the Turkish Armed Forces, which makes decisions and acts within a command chain."
"IT IS TRADITIONAL, NO PERMISSION IS REQUIRED FOR THIS" In the disciplinary investigation report, it was claimed that the lieutenants gathered in the field without permission outside the ceremony and carried out activities, and it was stated in the petition that this claim does not align with the ordinary course of life and does not overlap with the execution of graduation ceremonies. It was stated, "After every graduation ceremony, lieutenants gather in the field, clash swords, sometimes sing marches, embrace their families, and share their joy. No permission is requested for this, nor is it said that you can do this. This is traditional. Because sword clashing after the ceremony has been a tradition for decades. During this time, it is natural that, as a tradition, meaningful words are spoken, and marches are sung."
IMAGES OF THE 2023 GRADUATION CEREMONY WERE ATTACHED TO THE PETITION The petition included images indicating that during the 2023 graduation ceremony, the "We Are Atatürk's Youth March" was sung while swords were clashed. It was noted that sending a message to the WhatsApp group a day before the ceremony was attempted to be portrayed as an element of planning a disciplinary violation. The petition stated the following observations: "It is a known tradition among both the cadets and the commanders that after the ceremony, they will gather in the field and clash swords, and various words and marches will be sung. In the disciplinary investigation report, it is claimed that the lieutenants gathered in the field without permission outside the ceremony and carried out activities. This claim does not align with the ordinary course of life and does not overlap with the execution of graduation ceremonies. After every graduation ceremony, lieutenants gather in the field, clash swords, sometimes sing marches, embrace their families, and share their joy. No permission is requested for this, nor is it said that you can do this. This is traditional."
"THE SAME OATH WAS READ ON AUGUST 16 AT THE ÖKK GRADUATION CEREMONY" In all investigation documents and the action in question, it was stated in the petition that the text referred to as the "oath abolished by the legislation" was read on the evening of August 29, yet no accusations were directed at the relevant parties regarding this matter. It was noted that the mentioned oath was read during the entertainment held on the evening of August 29 and even during the Special Forces Command Course Completion Ceremony on August 16, 2024, in the presence of the Minister of National Defense, and that it was read as part of the official ceremony program. The petition stated that on August 30, after the official ceremony, there was no order indicating that the previously read and abolished oath would not be read, and it was emphasized that the Disciplinary Investigation Committee and the Administrative Investigation Committee also determined that no clear order was given regarding the activities to be carried out after the ceremony.
"ACCORDING TO A LARGE PART OF THE SOCIETY, THE ACTION OF THE LIEUTENANTS DID NOT DAMAGE THE REPUTATION OF THE TSK" The petition recorded the following: "When all these matters are evaluated together, it is clear that the statements of my client, which are consistent and corroborate those of the expelled lieutenants, should be taken into account, and it is evident that even in the statements of their superiors, no clear and definite order was given regarding after the ceremony. Therefore, it should be considered that there was no situation that could constitute disobedience to orders or any other crime in my client's behavior of expressing the joy of graduating after the official ceremony. As a result, it is evident that, according to a large part of the society (approximately 90% according to public opinion polls), the action of the lieutenants did not damage the reputation of the State and the TSK. The reactions in the public after the announcement of the expulsion of the lieutenants from the Turkish Armed Forces indicate that the phenomenon damaging the reputation of the State and the TSK is not the events that occurred after the ceremony, but rather the fact that this was considered a reason for punishment in itself."
OTHER LIEUTENANTS ARE EXPECTED TO APPLY TO THE ADMINISTRATIVE COURT LATER It is expected that the other four lieutenants, who were given the penalty of dismissal from the profession by the decision of the High Disciplinary Board of the Land Forces Command, will also apply to the administrative court for the annulment of the decision and the suspension of its execution.
FOUR MEMBERS, INCLUDING THE CHIEF OF STAFF, HAD WRITTEN DISSENTING OPINIONS After the official graduation ceremony of the Army Academy on August 30, 2024, five lieutenants received the penalty of "dismissal from the Turkish Armed Forces" by the High Disciplinary Board they were referred to after the disciplinary investigation initiated following their sword clashing and reading the abolished student oath. In the decision taken by the five members of the nine-member High Disciplinary Board by a majority of votes, it was stated that the actions of the lieutenants brought the TSK into question, causing "division in society" and leading to the tarnishing of the reputation of the army, which the nation has no doubt about its love for the homeland, the nation, and Atatürk.
The four members of the Board, including the Chief of Staff, stated that the actions of the lieutenants could not be considered as acts of indiscipline and indicated that a decision should be made that there was no basis for imposing a penalty of separation from the Armed Forces on the lieutenants.