Turkey: Procedures followed by Turkish government authorities when a person evades conscription, including the type of documents issued, offices involved and measures taken against evaders; whether draft evaders are permitted to leave the country if they have not reported to the relevant government authority for military service (September 2003 - April 2006)

According to an April 2005 report by the Quaker Council for European Affairs (QCEA), "Turkish law actually makes a distinction between evasion of military registration, evasion of medical examination, evasion of enlistment and desertion." Pre-registration draft evaders are referred to as yoklama kaçagi while post-registration evaders are called bakaya (Turkey 4 Apr. 2006). However, many of the sources cited in this Response used the general term "draft evader" without specifying whether they were referring to bakaya, yoklama kaçagi or both.

In a 4 April 2006 telephone interview with the Research Directorate, the first secretary of the Embassy of the Republic of Turkey in Ottawa confirmed that the following information, originally submitted to the Research Directorate on 2 September 2003, was still relevant.

According to the official, male Turkish citizens are "called to report to the military draft branches between July 1st and October 31st" of the year of their twentieth birthday. At this time,

the process of 'final military draft inspection' is initiated for draftees to register themselves for military service. 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 'draft evaders' (yoklama kaçagi) 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 (Turkey 4 Apr. 2006).

The official confirmed that, once the government is aware of those who have become draft evaders or bakaya, their name and address is forwarded to the security authorities (the police or gendarme) by the administrative authorities (the governorships) and that

[c]onsequently, 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' or bakaya and that they have to apply to their military branch to complete the relevant procedures (ibid.).

The QCEA stated that draft evaders were liable to arrest during routine traffic checks (April 2005). Police and gendarme authorities may also, in certain cases, conduct house searches to locate and arrest evaders (QCEA April 2005).

The QCEA report also stated that draft evaders are unable to leave Turkey because their identity documents contain their military registration number (ibid.). This was corroborated by the first secretary of the Turkish Embassy who said that neither draft evaders nor bakaya are "permitted to travel abroad until they legalize their situation" (Turkey 4 Apr. 2006).

According to a 2004 report by the United States Committee for Refugees and Immigrants (USCRI), "Turkey revoked the passports of Turkish citizens abroad who refused to complete their military service, impeding their potential deportation to Turkey." The QCEA report also stated that Turkish citizens living abroad who fail to complete their military service could have their citizenship revoked (QCEA April 2005).

The QCEA report estimated that there were 350,000 draft evaders, but acknowledged that the exact number was unknown (ibid.). The report also stated that, of the 350,000, there was a "sizeable group" of Kurdish draft evaders who refused to "fight against their own people" (ibid.). In addition, the QCEA claimed that military courts were dealing with roughly 60,000 cases of evasion every year (ibid.).

Legislation

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 (Turkey 22 May 1930; QCEA Apr. 2005).

The QCEA report added 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 (ibid.). Prison sentences of more than three months for cases where conscripts did not voluntarily report to the authorities, however, "may not be commuted into a fine" (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). Prison sentences do not absolve draft evaders from completing their military service (ibid.).

The Website of the United Nations High Commissioner for Refugees (UNHCR) contains an unofficial translation of the 22 May 1930 Law on Absentee Conscripts, Draft Evaders, Persons Unregistered [For Military Service], and Deserters, which can be consulted for further information on the legal penalties of draft evasion (Turkey 22 May 1930).

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 additional sources consulted in researching this Information Request.

References

Quaker Council for European Affairs (QCEA). April 2005. "Country Report: Turkey." The Right to Conscientious Objection in Europe: A Review of the Current Situation. [Accessed 4 Apr. 2006]

United States Committee for Refugees and Immigrants (USCRI). 2004. "Country Report: Turkey." World Refugee Survey 2004. [Accessed 3 Apr. 2006]

Turkey. 4 April 2006. Embassy of the Republic of Turkey in Ottawa. Telephone interview with the First Secretary.
_____. 22 May 1930. Law on Absentee Conscripts, Draft Evaders, Persons Unregistered [For Military Service], and Deserters (Unofficial translation). United Nations High Commissioner for Refugees (UNHCR) Refworld 2005. [Accessed 11 Apr. 2006]

Additional Sources Consulted

Publications: Defense and Foreign Affairs Handbook (2002).

Internet Sites, including: Amnesty International (AI), British Broadcasting Corporation (BBC), Coalition to Stop the Use of Child Soldiers, Council of Europe (COE), Embassy of Turkey in Ottawa, European Country of Origin Information Network (ECOI), European Union (EU), Freedom House, Human Rights Association of Turkey, Human Rights Watch (HRW), International Helsinki Federation for Human Rights (IHF), Middle East Times [Nicosia], Ministry of National Defense (inaccessible), Turkish Armed Forces (inaccessible), Turkish Daily News [Ankara], Turkish Military Academy, United States Department of State, War Resisters' International (WRI).