04.02.2025 08:31
The justification for the decision of the High Disciplinary Board regarding the expulsion of 5 lieutenants from the Turkish Armed Forces (TSK) has been communicated. In the decision, which was made by a majority vote, it was stated that the lieutenants caused a "division in society" by making the TSK a subject of debate and that they led to a deterioration of the army's reputation among the nation, which has no doubt about its love for the homeland, the nation, and Atatürk. The detail regarding Ebru Eroğlu mentioned in the decision text also drew attention.
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After the official graduation ceremony of the Army Academy on August 30, 2024, following the lieutenants' sword clashing and chanting, "We are soldiers of Mustafa Kemal," five lieutenants were referred to the High Disciplinary Board with a request for "separation from the Turkish Armed Forces" as a result of the initiated disciplinary investigation. The justification for the "separation from the Armed Forces" penalty given by the High Disciplinary Board of the Land Forces Command was communicated to the lieutenants in writing.
"THE TSK'S REPUTATION HAS BEEN DAMAGED IN THE EYES OF THE NATION"
In the 47-page justification, it was stated that it was understood that the reading of the oath text was planned in advance, and despite the rejection of the request by the disciplinary authorities, even after the ceremony, it was expressed that the reputation of the Turkish Armed Forces was damaged in the eyes of the nation against the orders. When the actions of the lieutenants were evaluated as a whole, it was stated in the justification that they caused a result that created division in society, and it was reported that Ebru Eroğlu played a leading role in reading the oath that was removed from the directive by planning to protest the amendment of the oath.
"A BEHAVIOR THAT UNDERMINES THE VALUE OF THE WORD"
In the justification, the following was recorded: "When each of the concrete events is evaluated individually, the actions related to the fundamental values of the TSK and Military Academies, which began on days prior to the ceremony, and the way the event occurred could create a sense of opposition in society, create a perception that the values in the content of the oath known as the Officer's Oath and removed from the directive are excluded, and ultimately lead to discussions about the TSK, will be considered as a disciplinary offense. Using the phrase 'We are soldiers of Mustafa Kemal,' which expresses loyalty to Mustafa Kemal Atatürk, in a protest action that is contrary to its purpose and contains opposition will be considered a disciplinary offense and will also be a behavior that undermines the value of the word.
Thus, the actions have made the TSK a subject of discussion, causing divisions in society and leading to its deterioration in the eyes of the nation, which has no doubt about the army's love for the homeland, the nation, and Atatürk. The mentioned actions have led to a perception that undermines trust in the TSK, as if the military oath has been abandoned in society. The negative impact of the unauthorized act performed outside the program in the military ceremony on military service, when considered in the context of the place where the indiscipline was committed and its negative effects on the TSK, and the integrity of the personnel's actions, has been taken into account as a serious indiscipline that would harm the reputation of the state and the TSK, leading to the conclusion that it constitutes the indiscipline of "engaging in behavior that obstructs service" as per the c clause of Article 20/1 of the TSK Disciplinary Law No. 6413.
4 MEMBERS WROTE DISSENTING OPINIONS
Four members wrote dissenting opinions against the decision taken by the High Disciplinary Board with the majority of 5 votes. In the dissenting opinion, it was stated that the oath included in the current directive was read during the official ceremony on August 30, and there was no known and definite order regarding that the oath would not be read at the end of the official ceremony. It was stated in the dissenting opinion that the content of the phrase "We are soldiers of Mustafa Kemal," said at the end of the official ceremony, did not constitute a violation of the law when considering Article 2 of the Constitution and the articles of the Military Academies Law. It was noted that when the issue of reading the oath, even if unplanned, by some military students during the celebration held the previous night was considered together, the personnel's actions could not be accepted as a behavior that would harm the reputation of the state and the TSK or as a serious crime or disciplinary offense, and therefore would not constitute the indiscipline of "engaging in behavior that obstructs service," which requires separation from the Armed Forces.
In the dissenting opinion, it was stated that "the acceptance of the contrary would not be in accordance with the principle of 'proportionality,' which includes the sub-principles of necessity and appropriateness, nor would it be in accordance with fairness, and therefore, we believe that there should be no grounds for imposing a separation from the Armed Forces penalty on the personnel, and we do not agree with the views of the esteemed majority on the contrary."
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