Turkey country assessment

Evasion of Military Service and Punishment

5.128 According to the report ‘Refusing to Bear Arms: A world-wide survey of conscription and conscientious objection to military service’ by War Resisters International (April 1997) “According to art. 63.1a, those who evade the draft or desert from the army in peacetime receive a prison sentence of

- 1 month, for those who report within 7 days;

- 3 months, for those arrested within 7 days;

- 3 months to a year, for those who report voluntarily within three months;

- 4 months to a year and a half, for those arrested within three months;

- 4 months to 2 years, for those who report voluntarily after three months;

- 6 months to 3 years house of correction, for those arrested after three months.“ [53] (p4)
5.129 According to the Netherlands report 2001
“As a general rule, normal prison sentences of less than one year can be commuted into a fine. In an individual case the judge determines in his judgement whether or not the prison sentence will be commuted into a fine. Prison sentences for evasion of registration/examination or enlistment or for desertion are generally commuted into fines, which must be paid after the end of military service. Heavy prison sentences handed down for evasion lasting longer than three months without giving oneself up may not, however, be commuted into fines. From the legal point of view, suspended sentences may not be imposed for evasion of registration/examination or enlistment or for desertion. Any sentence, which may be passed, does not imply a dispensation from further military service. It may therefore happen that repeat offenders are sentenced again because of a further attempt to evade military service. In the case of repeat offences it is less likely that a fine will be imposed. Ethnic origin plays no role in determining the sentence for evasion of military service.” [2b] (p37)
5.130 The Netherlands report 2001 continued

“The enforcement of final judgements in cases relating to evasion of military service (including desertion) takes place in military prisons if the sentence is six months or less and in normal prisons if the sentence is more than six months. As a rule, the sentence is first enforced and then the conscript completes (the remainder of) his military service. In the case of desertion enforcement of the judgement may be deferred at the suggestion of the officers of the relevant military division until after military service has been completed.” [2b] (p38)

Conscientious Objectors

5.131 The Netherlands report 2001 stated that Turkey does not recognise the refusal of military service on grounds of conscientious objection and the associated right to perform alternative service. [2b] (p44)
5.132 The report continued
“Since refusal of military service on grounds of conscientious objection is not recognised in Turkey as such, the conscientious objector refusing military service is viewed by military criminal law as a straight forward case of draft evasion. The person concerned is according sentenced as described above, in precisely the same way as all other draft evaders, under article 63 of the Military Criminal Code. The individual conscripts motives for non-compliance with the military service obligation are not taken into account consideration in sentencing, so that refusal for reasons of principle attracts neither a heavier nor a lighter sentence.” [2b] (p45)
5.133 The Netherlands report 2001 reported that since 1995 organised associations of military service objectors have been in existence. The two most important are Izmir Savaş Karşitlari Derneği (Izmir Anti-War Association, ISKD) and the Istanbul Antimilitarist Inisiyatifi (Istanbul Antimilitarist Initiative IAMI). The associations have a few dozen members. The secretary of ISKD is Turkey's best-known military service objector, Osman Murat Ülke. [2b] (p41)
5.134 According the Netherlands report 2001 “Apart from the (prison) sentences mentioned earlier in this chapter, conscripts who evade military service by residing abroad may lose their Turkish nationality if they cannot adduce any valid reason for evasion.“ This may be done by decision of the Council of Ministers on the basis of Article 25 of the Law on Turkish nationality (No 403). [2b] (p39)
5.135 According to the Netherlands Ministry of Foreign Affairs General official report on military service July 2002 sources within military jurisprudence and the Turkish Ministry of the Interior and the Ministry of Foreign Affairs, decided in the second half of 2001 that Turkish citizenship would no longer be withdrawn from Turks living abroad before the age of 38. This would allow conscripts the opportunity to report to the Turkish Embassy in their country of residence before reaching this age to apply for an extension with retroactive effect. Withdrawal of citizenship may only be applied in the case of individuals who indicate to the Turkish Embassy in the country in question their point blank refusal to perform military service. This is because in such cases it is unlikely that the individuals concerned would apply for an extension before the age of 38. [2c] (section 6.6)
5.136 Under Article 8 of Turkish Nationality Law No. 403 (1964), Turkish citizenship may be restored even if the individual concerned is not residing in Turkey at that point in time. [26a] (p3) The Netherlands report July 2002 states that “An application for the restoration of Turkish citizenship can be granted if the applicant states that he is still going to perform military service. Turkish citizenship can still be recovered after the age of 40. The age of 40 only signals the end of military service age for individuals who have already performed military service.” [2c] [section 6.6]
5.137 See also Section 6C on Treatment of returned failed asylum seekers.