Bar Files Against Military Impunity

Bar Association Files Against 'Military Immunity’

The Ankara Bar Association has filed a case with Turkey’s Council of State against an police circular banning officers from detaining soldiers or military personnel even if they are caught out of uniform while committing crimes. The Association also asks for Constitutional Court to be called to annul Turkish Armed Forces Internal Service Law.

BIA News Center

10/08/2006    

BIA (Ankara) – The Ankara Bar Association has filed a case with Turkey’s Council of State against a Police General Directorate circular that prevents law enforcement officers from detaining soldiers or members of the armed forces even if where they are caught ‘red handed’ in crime, out of uniform.

The case, filed on August 9 at the country’s highest level court, states that the July 20 dated circular is in violation both of the Criminal Procedures Code (CMK) and the Regulation on Capture, Detention and Taking Statements. It stresses that the new regulation will also prevent any required measures that are normally taken where offenders are apprehended before or during the commissioning of a crime.

The Bar Association said that as military legislation did not cover this area, the code of the Regulation on Capture, Detention and Taking Statements should be enforced to everyone. Article 6, requiring a suspect to be captured, searched and stripped of any weapons to prevent his escape or endangering anyone else would therefore be applied to military personnel and soldiers.

The Association also asked the State Council to apply to the Constitutional Court to annul the Turkish Armed Forces Internal Service Law (TSKIHK) on grounds that it contradicted with the principles of “equality” and “fair trial” guaranteed by the Constitution.

In its argument against articles 92 and 93 of the TSKIHK, the Bar Association said these covered offences that soldiers might be involved in but because the articles ruled that even offences unrelated to the duty of the soldiers would be subject to special investigation procedures, they violated “equality” and “fair trial” rights under the Constitution.

Wednesday application to the State Council follows another case filed in the past week against the same circular by a senior Turkish police officer.

Kadir Ozdemir, a Turkish police superintendent based in the northern Black Sea town of Ordu filed a case against the same administrative circular with the Ordu Administrative Court arguing that the immunity granted to offending soldiers and armed forces staff would lead to irreparable harm.

He said the relevant circular contradicted the Turkish Constitution and was a violation of democracy and the rule of law. Ozdemir's petition stressed that as the circular needed to be enforced, it would force police officers to continuously commit the offence of neglecting their judicial duty.

The circular, since issued by the Police General Directorate, has been challenged by the Human Rights Association (IHD) for violating the principles of equality and supremacy of law. (KO/TK/II