27.03.2007 - Source: International Helsinki Federation for Human Rights

Military courts can only try civilians if they are involved in crimes committed together with military personnel ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2007 (Events of 2006)") [ID 19386]

"In a positive development, amendments to the military penal code adopted in June restricted the competence of military courts to try civilians unless they are involved in crimes committed together with military personnel. The amendments also allowed for retrials by military courts in cases where the European Court of Human Rights (ECtHR) finds a breach of the European Convention in relation to a trial before such courts."

Document(s): Open document

10.2005 - Source: UK Home Office

Military Courts ("Country Report - October 2005") [#40563],  [ID 13315]

"As recorded in ‘Political Structure of Turkey’:

“The Supreme Military Court of Appeals is the court of final instance for all rulings and verdicts rendered by military courts. It is also a court of first and final instance with jurisdiction over certain military personnel, stipulated by law, with responsibility for any specific trials of these persons. The Supreme Military Administrative Court has jurisdiction over military personnel in administrative or active military service. The Court of Jurisdictional Conflicts is the final authority to settle disputes concerning the verdicts of the Justice, Administrative or Military Courts. This court is made up of members of the Court of Appeals, the Council of State, the Supreme Military Court of Appeals, and the Military Administrative Court of Appeals. Military Courts have jurisdiction to try military personnel for military offenses, for offenses committed by them against other military personnel or crimes committed in military places, or for offenses connected with military service and duties.” [36i] (Section on Judiciary)

[...] The European Commission Regular Report on Turkey’s progress towards Accession 2003, published November 2003 noted that:

“The Law on the Establishment and Trial Procedures of Military Courts has been amended with a view to ending military jurisdiction over civilians and to aligning the provisions of the military code of procedure with reforms adopted by previous packages concerning freedom of expression. As a result, military courts will no longer try civilians including juveniles held responsible for ‘inciting soldiers to mutiny and disobedience, discouraging the public from military duty and undermining national resistance’ under Article 58 of the Penal Code.” [71b] (p20)

[...] The European Commission Turkey 2005 Progress Report recorded that “There has been no further progress with regard to the provisions of the Military Criminal Code permitting the trial of civilians before military courts. However, a reduction in the number of civilians tried before military courts can be observed between 2004 and the first five months of 2005.” [71e] (p14)"

Document(s): Open document

09.10.2002 - Source: European Commission

Jurisdiction of military courts over civilians ("2002 Regular Report on Turkey's Process Towards Accession") [#10217],  [ID 13316]

"Another area of concern remains the jurisdiction of military courts over civilians. In
2001, 176 cases involving 358 civilians were dealt with by military courts, mostly in
relation to charges of fraud in avoiding military service or obstructing, intimidating and
insulting soldiers on duty."

Document(s): Open document