Document #1290123
IRB – Immigration and Refugee Board of Canada (Author)
The following information is taken from an
undated publication by Ahmet Hür called Conscientious
Objection to Armed Military Training in the Turkish Legal
Procedure and from the Turkey section of the War Resisters
International (WRI) publication Refusing to Bear Arms
(1998, 284-6). The Research Directorate was unable to corroborate
the accuracy or currency of this information regarding the Turkish
Military Penal Code with the Embassy of the Republic of Turkey,
within the time constraints of this Response.
Individual Desertion
According to these sources, Section 66 of
the Turkish Military Penal Code prescribes a sentence of 1 to 3
years imprisonment for individuals on active service who are absent
without leave for more than 6 days (Hür n.d., 23; WRI 1998,
285). Section 66 also specifies that in aggravating circumstances,
where persons steal military property when deserting, desert while
on duty, or repeat the offence of desertion, they must serve a
minimum term of two years.
Individual Desertion to Foreign Country
Section 67 of the Turkish Military Penal
Code, according to the sources, states that persons who flee to
another country, and fail to return within three days of the date
of desertion, shall be imprisoned for three to five years (where
the military unit in question is mobilized, the grace period is
reduced to one day). This section also specifies that in
aggravating circumstances (as above) the minimum prison term is
five years and may be increased to ten years (Hür 24; WRI
1998, 285-6). Finally, the section recommends the maximum sentence
when the individual is an officer or a military clerical staff
member.
Voluntary Return
The sources state that according to Section
68, in cases involving individual desertion and individual
desertion to a foreign country in which the deserter surrenders
within the limitations period, the punishment should be confinement
to barracks. In cases involving individual desertion and individual
desertion to a foreign country in which the deserter is captured
within the limitations period, the punishment is imprisonment for
up to three months (Hür 25; WRI 1998, 286).
Agreed Desertion
Where a minimum of three individuals
conspire to desert together, according to the publication, Section
68 states that the punishment is 2 to 5 years imprisonment if they
remain in the country and 5 to 7 years if they desert to a foreign
country (Hür 25-26; WRI 1998, 286).
According to Amnesty International, a
Turkish conscientious objector who publicly burned his conscription
notice and refused a subsequent order to report was charged with
desertion and sentenced to a total of 15 months imprisonment after
a series of trials (May 1998).
According to War Resisters
International:
Many deserters are inmates in the Mamak military prison in Turkey. For deserters it is not easy to remain in hiding in Turkey. If there are identity checks, they risk getting caught, as identity-cards bear military registration-numbers. Many try to escape abroad (1998, 286).
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 to refugee status or asylum. Please find below the
list of additional sources consulted in researching this
Response.
References
Amnesty International. May 1998. EUR
44/22/98. "Turkey: Osman Murat Ülke - Conscientious Objector
Imprisoned for Life." [Internet] http://www.amnesty.org/ailib/aipub/1998/EUR/44402298.htm
[Accessed 27 May 1999]
Ahmet Hür. n.d. Conscientious
Objection to Armed Military Training in the Turkish Legal
Procedure. Bakaya Newspaper Brochure Series: 1. Translated by
Translation Services, Public Works and Government Services
Canada.
War Resisters International. 1998.
Refusing to Bear Arms: A World Survey of Conscription and
Conscientious Objection to Military Service. Bart Horeman and
Marc Stolwijk. London: War Resisters International.
Additional Sources Consulted
Attempts to contact the Embassy of the
Republic of Turkey.
Electronic sources: IRB Databases, WNC,
CISNET, Internet.