Turkey: Compulsory military service; procedures followed by government authorities when a person evades conscription, including the type of documents issued and the offices involved; whether draft evaders are permitted to leave the country; consequences of draft evasion and conscientious objection
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Publication Date | 21 May 2010 |
| Citation / Document Symbol | TUR103455.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Turkey: Compulsory military service; procedures followed by government authorities when a person evades conscription, including the type of documents issued and the offices involved; whether draft evaders are permitted to leave the country; consequences of draft evasion and conscientious objection, 21 May 2010, TUR103455.E, available at: https://www.refworld.org/docid/4e43d1a62.html [accessed 4 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Sources indicate that Turkey has compulsory military service for men for a standard length of 15 months (AI 11 June 2008; WRI 23 Oct. 2008; Child Soldiers 2008) Some sources state that men must perform their service when they are between the ages of 19 and 40 years old (AI 11 June 2008; WRI 23 Oct. 2008; Child Soldiers 2008), while other sources indicate that it is for men 20 years and older (Today's Zaman 25 Apr. 2010; Hürriyet Daily News 23 Apr. 2010; Turkey 6 May 2010). According to War Resisters' International (WRI), a London-based organization promoting non-violent action against the causes of war (WRI 24 July 2008), students may be able to postpone their military service until the age of 29 years and post graduate students until the age of 35 years (ibid. 23 Oct. 2008). WRI and a Turkish media source indicate that university graduates have the option of serving a shorter term of six months as ordinary soldiers or twelve months as reserve officers (ibid.; Hürriyet Daily News 25 Apr. 2010). The Coalition to Stop the Use of Child Soldiers indicates that health problems and disability are possible grounds for exemption from military service in Turkey (Child Soldiers 2008).
In 6 May 2010 correspondence with the Research Directorate, an official at the Embassy of the Republic of Turkey in Ottawa stated that male Turkish citizens are required to report to the military draft branches between 1 January and 31 October of the year of their twentieth birthday for the process of "final military draft inspection." The Official also agreed that the following information, originally submitted to the Research Directorate in 2003 and 2006, remains accurate:
Those draftees who are not ready for military service have to submit their documents showing the reasons (being a student, being unable to perform military service due to health reasons, being in prison, etc.). If these persons fail to report to their military branches, they become yoklama kaçagi (pre-registration draft evaders) as of November 1st of that year.
Draftees who complete their final military draft registrations join the military during the year that they become 21 years old. Those who do not attend to the call of the military branches or those who fail to join the related military training center or unit after completing their registrations become bakaya (post-registration draft evaders).
Once the government is aware of those who have become yoklama kaçagi or bakaya, their name and address is forwarded to the security authorities (the police or gendarme) by the administrative authorities (the governorships) and consequently, security authorities are authorized to begin to search for these persons. Simultaneously, the military branches of the persons in question send an official letter to their address, stating that they have become draft evaders and that they have to apply to their military branch to complete the relevant procedures. (Turkey 6 May 2010)
According to the Official, draft evaders (both yoklama kaçagi and bakaya) are not allowed to travel abroad until they legalize their situation (ibid.). WRI similarly indicates that draft evaders cannot leave Turkey, and that customs, immigration and police officers would be aware that they are evading military service (WRI 23 Oct. 2008).
WRI reports that the police and gendarme are responsible for locating draft evaders and deserters and are authorized to conduct house searches (ibid.). WRI also indicates that draft evaders may be arrested in the course of routine police checks, such as during traffic control (ibid.).
According to Turkish military law, Article 63 of the Law on Absentee Conscripts, Draft Evaders, Persons Unregistered [For Military Service], and Deserters, draft evasion in peacetime carries the following penalties:
One month imprisonment for those who report to the authorities within seven days;
Three months for those who are arrested within seven days;
Three to twelve months for those who report within three months;
Four to eighteen months for those who are arrested within three months;
Four to twenty-four months for those who report after three months;
Six to thirty-six months for those who are arrested after three months (WRI 23 Oct. 2008; Turkey 1930).
WRI reports that prison sentences of less than one year are usually commuted into fines in cases of desertion or where conscripts fail to register for enlistment or examination (WRI 23 Oct. 2008). Prison sentences of more than three months, for cases in which conscripts did not voluntarily report to the authorities, could not be commuted into fines (ibid.). Prison sentences that are less than six months in length are generally served in military prisons, whereas longer terms are served in regular prisons (ibid).
According to WRI, there are no statistics available on the prosecution of draft evaders, but there are believed to be approximately 60,000 cases a year, half of which are for cases where conscripts report back for military service less than a week late after a period of leave (ibid.). Sources indicate that prison sentences do not absolve draft evaders from completing their military service (ibid.; AI 8 Apr. 2010; ECHR 24 Apr. 2006, No. 62; Forum 18 17 Mar. 2010).
Sources indicate that Turkey does not recognize the right to conscientious objection (AI 8 Apr. 2010; Forum 18 17 Mar. 2010; WRI 23 Oct. 2008). According to Amnesty International (AI), conscientious objectors who publicly object to serving their compulsory military service face imprisonment of up to three years (AI 8 Apr. 2010). WRI reports that in addition to charges of evading military service, conscientious objectors who speak out may be punished with imprisonment of six months to two years under Article 318 of the Turkish Criminal Code for "alienating the people from the armed forces" (23 Oct. 2008). Human rights organizations report that conscientious objectors have been subject to repeated prosecutions and imprisonment for refusing conscription (ibid.; Forum 18 17 Mar. 2010). AI reports that conscientious objectors are "frequently ill-treated" while in military custody (AI 19 Nov. 2009). Plus News Pakistan corroborates the mistreatment of conscientious objectors in military prisons (3 Jan. 2010).
In 2006, the European Court of Human Rights (ECHR) found in favour of a Turkish conscientious objector who was sentenced to imprisonment eight times for refusing conscription (ECHR 24 Apr. 2006, No. 60). The court found that the successive convictions caused him to be in a "situation of humiliation or debasement" (ibid., No. 59) and characterized the applicant's life as "amounting almost to a 'civil death'" which is "incompatible with the punishment regime of a democratic society" (ibid., No. 62). He was awarded 11,000 Euros in damages, costs and expenses (ibid., No. 74, 77). AI reports that in 2007, the same conscientious objector was ordered to appear before the military prosecutor to serve another prison term (AI 19 July 2007). The defendant's lawyers suggested that the military prosecutor may have issued the order because the authorities did not publish and distribute the ECHR judgement to relevant authorities, including military staff (ibid.)
Forum 18, a Norwegian and Danish non-profit organization promoting the right to freedom of thought, conscience and religion (Forum 18 n.d.), reports that in an attempt to prevent the cycle of prosecutions against conscientious objectors, the Turkish Ministry of Justice issued a decree on 3 July 2008 which states that deserters can only be arrested with a court warrant by the police and not by the military recruitment office (17 Mar. 2010). Further information on the decree could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Sources report that a conscientious objector was arrested in December 2009 for refusing to serve in the army on religious grounds (Forum 18 17 Mar. 2010; AI 11 Jan. 2010; Plus News Pakistan 3 Jan. 2010). According to AI, the defendant alleges that he was beaten with truncheons while in military prison and forcibly dressed in military uniform (11 Jan. 2010). Forum 18 reports that the defendant stated on 31 January 2010 that he was held naked in a cold room and also punished with falaka (beating the soles of his feet) (17 Mar. 2010). Forum 18 also states that the military prosecutor was seeking up to 10 years' imprisonment for "'refusal to follow orders'" and "'desertion'" (ibid.).
According to Forum 18, there are approximately 120 declared conscientious objectors in Turkey, of which approximately 30 are Jehovah's Witnesses (17 Mar. 2010). Forum 18 notes that it is more common for objectors to postpone their service by continuing their education, working abroad, or deserting the army, rather than declaring themselves to be conscientious objectors (17 Mar. 2010).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Amnesty International (AI). 8 April 2010. "Conscientious Objector Convicted." (EUR 44/006/2010)
_____. 11 January 2010. "Turkey Must Set Free Conscientious Objector."
_____. 19 November 2009. "Soldiers Convicted for Ill-treatment of Conscientious Objector in Turkey."
_____. 11 June 2008. "Fear for Safety/Ill-treatment/Legal Concern." (EUR 44/009/2008)
_____. 19 July 2007. "Possible Prisoner of Conscience." (EUR 44/015/2007)
Coalition to Stop the Use of Child Soldiers. 2008. "Turkey." Child Soldiers Global Report 2008.
European Court of Human Rights (ECHR). 24 April 2006. "Case of Ülke v. Turkey." (Application no. 39437/98)
Forum 18. 17 March 2010. Güzide Ceyhan. "Turkey: Conscientious Objection a Test of Turkish Religious Freedom."
_____. N.d. "About Forum 18."
Hürriyet Daily News [Istanbul]. 25 April 2010. "PM, Chief of General Staff Look to Professionalize Military."
_____. 23 April 2010. I?il E?rikavuk. "Debate Over Who Should Bear Burden of Arms in Turkey Heats Up Again."
Plus News Pakistan. 3 January 2010. "Being a Conscientious Objector is Perhaps the Most Challenging Way to Question." (Factiva)
Today's Zaman [Istanbul]. 25 April 2010. Betül Akkaya Demirbas?. "Professional Army Key to End Debates over Conscription."
Turkey. 6 May 2010. Embassy of the Republic of Turkey in Ottawa. Correspondence with the Vice Consul.
_____. 1930. Law on Absentee Conscripts, Draft Evaders, Persons Unregistered [for Military Service], and Deserters. (Unofficial translation taken from United Nations Refworld)
War Resisters' International (WRI). 23 October 2008. "Country Report and Updates: Turkey."
_____. 24 July 2008. "About WRI."
Additional Sources Consulted
Internet sites, including: European Bureau for Conscientious Objection, European Country of Origin Information Network (ecoi.net), Freedom House, Human Rights Watch, International Crisis Group, Office of the United Nations (UN) High Commissioner for Refugees (UNHCR) Refworld.
