Research Directorate, Immigration and Refugee Board of Canada

1. Legislation

According to a "confidential source" cited in a thematic report on Turkey's military service published by the Ministry of Foreign Affairs of the Netherlands, Turkey's legislation on military service "makes no mention" of when documents or records are issued to conscripts indicating their respective military service status, except for "a military identity document (askerlik cüzdanı)," which is issued "during military service" (Netherlands July 2019, 10). Articles 44 and 55 of Turkey's Law No. 1111 of 1927, Military Law, provide the following:

Article 44

As well as informing local governments of the orders to assemble so that the announcement can be made, the military service branch offices shall draw up two copies of a form with the name of the person to be recruited, for those with numbers and those without, those who are healthy and those who are disabled, (those to do full service and those on short term), according to their village and district, and according to the numbers they have drawn by lots, and below the form, they shall indicate in a letter on which day the person on the form who is called up must be present at the branch office centre, they shall stamp it with an official seal and shall send it to the highest administrative officer in the locality.

Article 45

The administrative officer shall send one [copy of the] form by way of the police and Gendarmerie to the village or district council or board of elders to order to inform the person called up himself as to which day he should be present at the branch office centre, or his father, sibling or other such relatives if he is not present in the village or district. The administrative officer shall have the other [copy] signed or sealed by the council of elders to show that they have received the form and then shall return it to the military service branch office. Wherever they are located, those called up to the military shall be considered to have been called up by means of the announcements made at the locality where they are resident, in accordance with this article and with Article 43. (Turkey 1927, bold and square brackets in original)

1.1 Emergency Decrees

Sources report that multiple emergency decrees were issued (İHOP 17 Apr. 2018, 4; Netherlands July 2019, 11; US 8 Sept. 2017) in the context of the state of emergency declared in the aftermath of the attempted coup d'état in 2016 (İHOP 17 Apr. 2018, 4; Netherlands July 2019, 11). According to the Human Rights Joint Platform (İnsan Hakları Ortak Platformu, İHOP), a network of human rights NGOs [1] based in Turkey whose work focuses on promoting "the formation of a healthy and permanent" human rights-based democracy in Turkey (İHOP 18 July 2019, 1–2), some of the emergency decrees, namely decrees no. 692, 693, and 695, resulted in 374 retired military officers being stripped of their military identity cards and passports (İHOP 17 Apr. 2018, 35). The Decree Law on the Introduction of Certain Measures Within the Scope of the State of Emergency (Decree KHK/692) provides the following:

[translation]

Retired Turkish Armed Forces personnel who have been stripped of their rank

SECTION 3 – (1) Among officers, contract officers, non-commissioned officers, contract non-commissioned officers, public servants, labourers, specialized sergeants, contract petty officers and privates of the Turkish Armed Forces personnel along with persons who are subject to transitional clause 32 of the Turkish Armed Forces Personnel Act No. 926 dated July 27, 1967, who retired either voluntarily or involuntarily, whose employment with the forces was terminated pursuant to the provisions of the Turkish Armed Forces Disciplinary Act No. 6413 dated January 31, 2013, or whose employment or contract as public servants was terminated, or who resigned voluntarily or involuntarily from their positions; those who are found to be a member of a terrorist organization or any structure, organization or group that is deemed by the National Security Council to be involved in activities against the national security of the State, or who has an affiliation, connection or contact with such organizations or groups, and those who are on list (3) annexed to this decree will be stripped of their rank and their retired personnel identification cards will be revoked. They will not be permitted to return to their place of employment in the public service, nor will they be assigned to any position in the public service either directly or indirectly. Furthermore, the persons in question will not be permitted to use their professional titles and designations or take advantage of any rights and privileges thereto appertaining. Any and all memberships of the persons in question to any board of trustees, council, commission, board of directors, supervisory board, liquidation board, etc. and their related positions and responsibilities will be deemed terminated. Any gun licenses, seaman certificates and pilot licenses that were issued to the persons in question will be revoked along with their passports, which will be cancelled by the corresponding passport offices. The persons in question will not be permitted to act as a founder, partner or employee of any private security service provider. (Turkey 2017)

2. Military Records Information Systems and Databases

According to a 2020 country information report on Turkey by Australia's Department of Foreign Affairs and Trade (DFAT), military service data is maintained by authorities in a "sophisticated" national database that renders evasion "almost impossible," as "[a]ny interactions" with authorities, such as a traffic infraction, can lead to a cross-reference of an individual's military service status (Australia 10 Sept. 2020, para. 3.94). The same source notes that the barcodes in biometric passports are connected to the same national database, which means that "authorities can identify draft evaders on their return to Turkey" (Australia 10 Sept. 2020, para. 3.94).

Without providing further details on the document issued, a report submitted by the Association for Conscientious Objection (Vicdani Ret Derneği, VR-DER) et al. [2] to the Committee of Ministers of the Council of Europe indicates that military draft evaders and deserters are reported to the Ministry of Interior and subsequently apprehended and either taken to the nearest Conscription Branch or released with an "official record" and instructions to present themselves at the nearest Conscription Branch within 48 hours (VR-DER, et al. 20 Apr. 2020, 8). Australia's DFAT states that legally recognized draft evaders are registered in the Central Civil Registration System (MERNIS), "a centrally administered system that contains in electronic form information previously kept in civil registries nationwide, including information used to determine the rights and obligations of persons, their identity, family relations, nationality and civil status" (Australia 10 Sept. 2020, para. 5.29, 5.39).

3. Military Identification for Active Service

According to a confidential source cited by the Netherlands Ministry of Foreign Affairs, a male Turkish citizen approved for military service is issued "written notification" from the military registration office instructing them to collect the documents pertaining to their registration and the details of their military duty, including their assigned unit and the training facility where they must report for basic training (Netherlands July 2019, 10). The same source adds that according to the Law on the Turkish Armed Forces and Internal Services, the military identity document represents "the official proof of identity" of serving members of the armed forces (Netherlands July 2019, 10). The Netherlands Ministry of Foreign Affairs further notes that according to a confidential source, the military identity document is issued to conscripts during their military service, "usually" at the beginning, and it is "required" to be carried by members of the armed forces "at all times," "even if they are wearing civilian clothing" (Netherlands July 2019, 10).

In correspondence with the Research Directorate, a representative of the Stockholm Center for Freedom (SCF), a non-profit organization created by journalists "self-exile[d]" in Sweden that advocates for the rule of law, democracy, and human rights, particularly in Turkey (SCF n.d.), stated that Turkish citizens in active military service are "issued military identification cards by the Turkish Armed Forces" (SCF 26 Oct. 2021).

3.1 Appearance and Security Features

The information on the military identity card for active members in the following section was sourced from Keesing Documentchecker:

The military identity card measures 86 by 54 mm, includes a visible chip and an integrated photo of the cardholder, and bears a number on the back right side of the card: 11 digits, followed by a hyphen, followed by 3 digits (Keesing Technologies n.d.). The biographical data featured on the front of the card include the following:

• First and last names;
• Military rank and service branch (e.g., Air Force);
• Service number (Keesing Technologies n.d.).

The data fields featured on the back of the military identity card are composed of the following:

• Personal national identification number (TC Kimlik No);
• Marital status (Medeni Hali);
• Father's name (Baba Adi);
• Place of birth (Doğum Yeri);
• Date of birth (Doğum Tarihi);
• Arm serial number (Tabanca No);
• Blood type (Kan Grubu);
• Pension Fund Registry number (Emekli Sandığı Sicil No) (Keesing Technologies n.d.).

Security features of the military identity card include microprint of small characters and/or images bordering the holder's photograph "that are barely perceptible [to] the naked eye, but become visible at low magnification," kinegraphic laminate, and optically variable ink (Keesing Technologies n.d.). Additional features also include ink visible under ultraviolet and infrared light (Keesing Technologies n.d.).

4. Military Identification for Completed Service

Without providing further details, the US Department of State's Reciprocity Schedule for Turkey states that all Turkish nationals who have served in the military are issued "discharge papers" [also called military service status documents] (Askerlik Durum Belgesi) by the Ministry of Defence, which are accessible via the e-Government Gateway website (US n.d.). The same source reports that to access this portal, users need to register through the Turkish postal service (US n.d.). The US Reciprocity Schedule further notes that for those who have deferred their military service, military records must be obtained through a military branch (US n.d.). Similarly, according to the SCF, citizens who have completed or have "yet to complete" their military service can obtain a military service status document through the government's online portal [e-Government Gateway] (SCF 26 Oct. 2021). The same source added that the document includes information on "the current status of military service" for a Turkish citizen, such as whether it has been completed or deferred (SCF 26 Oct. 2021). English and French translations of a sample of a military service status document for an individual who has completed their military service, provided by the SCF, are attached to this Response.

4.1 Appearance and Security Features

The information in the following section was provided by the SCF in correspondence with the Research Directorate:

The information contained in a military service status document issued to an individual who has completed their service is described as follows:

[The] document states that the "person whose ID information is provided below does not have military service obligations," meaning he [has] already completed his military service. (AŞAĞIDA KİMLİĞİ YAZILI YÜKÜMLÜNÜN ASKERLİK YÜKÜMLÜLÜĞÜ BULUNMAMAKTADIR)

On the top right of the document is a barcode and a document number. [The] date and hour when the document was created is also listed, together with the source (in this case, www.turkiye.gov.tr).

On the bottom right corner of the document is a QR code that makes it possible to verify that the document was issued by the government portal. The verification app is available at www.turkiye.gov.tr/belge-dogrulama. (SCF 26 Oct. 2021)

4.2 Supporting Documents and Procedures to Obtain

The information in the following section was provided by the SCF in correspondence with the Research Directorate:

Eligible citizens may submit a request to obtain, via the online government portal, a military service status document using their national identification number and password, which they can obtain from the post office within Turkey and from Turkish diplomatic missions from abroad. "[N]o other supporting documents are necessary" for the retrieval of a military service status document once an individual obtains authorized access to the online government portal (SCF 26 Oct. 2021).

5. Military Identification for Service Deferral and Exemption

According to Australia's DFAT, documents confirming service exemption for eligible persons that have "no outstanding liability or obligation in terms of military service" are issued by military authorities; however, to ensure that the exempted party may still access employment without issues "[s]uch documents do not include information on reasons for being unfit" (Australia 10 Sept. 2020, para. 3.94).

The Netherlands Foreign Affairs Ministry reports that, according to a confidential source, individuals who have been granted military service deferral "receive a written statement" from the military's registration office (Netherlands July 2019, 15). The SCF representative stated that based on their previous experience with such documentation, the military service status document for individuals whose service has been successfully deferred has a "very similar format" to the document for completed military service, with "only" the descriptions being different (SCF 26 Oct. 2021).

Information on the appearance and security features of military service exemption and deferral documents could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

5.1 Military Exemption Documents for Members of Diverse SOGIE

According to sources, until 2015, gay male Turkish citizens drafted by the military had to undergo "anal" (Netherlands July 2019, 16) or "nude" (Al-Monitor 17 Nov. 2015) examinations and provide photographic evidence to obtain service exemption based on their sexual orientation (Al-Monitor 17 Nov. 2015; Netherlands July 2019, 16). Al-Monitor, an online news organization that reports on the Middle East, North Africa, and Turkey, as well as US and Russian policies on these regions (Al-Monitor n.d.), reports that obtaining such an exemption report requires a public declaration, and that, according to a gay conscript interviewed by Al-Monitor, receiving an exemption or "'unfit'" report, known as a "'pink certificate'," means "disclos[ing] and document[ing] your gay identity" (Al-Monitor 17 Nov. 2015). Sources report that in 2015, a public statement became the sole requirement for obtaining a military exemption report (Al-Monitor 17 Nov. 2015; Netherlands July 2019, 16).

6. Access to Other Identification Documents

The SCF representative stated that military service identification documents "are not used to access other identification documents" (SCF 26 Oct. 2021).

6.1 Passport

The Netherlands Ministry of Foreign Affairs notes that according to confidential sources, there is no legal provision restricting the ability of an individual to obtain a passport while completing military service, "except when a conscript deserts during the performance of military service" (Netherlands July 2019, 10). Australia's DFAT reports that eligible citizens who have not yet completed military service "but are yet to be sanctioned for it" are not restricted from obtaining a passport and that completion of military service is not a requirement to obtain a passport (Australia 10 Sept. 2020, para. 5.39). According to the same source, individuals registered in MERNIS as military draft evaders are not issued passports (Australia 10 Sept. 2020, para. 5.39).

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.

Notes

[1] Human Rights Joint Platform (İnsan Hakları Ortak Platformu, İHOP) was established by Helsinki Citizens' Assembly (Helsinki Yurttaşlik Derneği, hYd), Human Rights Association (İnsan Hakları Derneği, İHD), Association for Human Rights and Solidarity with the Oppressed (İnsan Haklari Ve Mazlumlar İçin Dayanişma Derneği, MAZLUMDER), Human Rights Foundation of Turkey (Türkiye İnsan Hakları Vakfı, TİHV), and Amnesty International Turkey (İHOP 18 July 2019, 1).

[2] The report was jointly authored by the following organizations: the Association for Conscientious Objection (Vicdani Ret Derneği, VR-DER), Freedom of Belief Initiative in Turkey, Norwegian Helsinki Committee, War Resisters' International, the European Bureau for Conscientious Objection, and Connection e.V. (VR-DER, et al. 20 Apr. 2021, 1).

References

Al-Monitor. 17 November 2015. Metin Gurcan. "Gays Seeking Military Exemption in Turkey No Longer Need to Provide Visual Proof of Their Homosexuality." [Accessed 28 Oct. 2021]

Al-Monitor. N.d. "About Us." [Accessed 28 Oct. 2021]

Australia. 10 September 2020. Department of Foreign Affairs and Trade (DFAT). DFAT Country Information Report: Turkey. [Accessed 28 Sept. 2021]

İnsan Hakları Ortak Platformu (İHOP). 18 July 2019. Human Rights Joint Platform's Submission to the Universal Periodic Review of Turkey. [Accessed 20 Sept. 2021]

İnsan Hakları Ortak Platformu (İHOP). 17 April 2018. 21 July 2016-20 March 2018: State of Emergency in Turkey. Updated Situation Report. [Accessed 20 Sept. 2021]

Keesing Technologies. N.d. Keesing Documentchecker. "Turkey – TUR – Military Identity Card B7." [Accessed 28 Sept. 2021]

Netherlands. July 2019. Ministry of Foreign Affairs. Thematic Country of Origin Information Report Turkey: Military Service. [Accessed 28 Sept. 2021]

Stockholm Center for Freedom (SCF). 26 October 2021. Correspondence from a representative to the Research Directorate.

Stockholm Center for Freedom (SCF). N.d. "About Us." [Accessed 28 Sept. 2021]

Turkey. 2017. Decree Law on the Introduction of Certain Measures Within the Scope of the State of Emergency. Decree Number: KHK/692. Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 8 Oct. 2021]

Turkey. 1927. Law No. 1111 of 1927, Military Law. Unofficial translation. [Accessed 25 Oct. 2021]

United States (US). 8 September 2017. Library of Congress. "Turkey: More Emergency Decrees Issued." [Accessed 25 Oct. 2021]

United States (US). N.d. Department of State. "Turkey Reciprocity Schedule." [Accessed 20 Sept. 2021]

Vicdani Ret Derneği (VR-DER), et al. 20 April 2020. Implementation of the Ülke Group of Cases Against Turkey (Application No. 39437/98). [Accessed 28 Sept. 2021]

Additional Sources Consulted

Oral sources: Associate professor at a university in Canada whose research focuses on borders and mobility, security studies, and military service in Turkey; Human Rights Foundation of Turkey; professor of history at a university in the US whose research focuses on nationalism, identity, and gender issues in Turkey's history; professor of law at a university in the US whose research focuses on public international law and constitutional law in the Middle East and Turkey; professor of national security affairs at a US university whose research focuses on the military and ethnic dimensions of Turkish, Balkan, and Middle Eastern history; professor of politics at a US university whose research focuses on state-society relations and political and economic affairs in Turkey; Turkey – Ministry of National Defence, Montreal Turkish Consulate General, Turkish Embassy in Ottawa; UN – International Organization for Migration in Turkey.

Internet sites, including: Amnesty International; Belgium – Commissariat général aux réfugiés et aux apatrides; BiometricUpdate.com; Denmark – Danish National ID Centre; ecoi.net; EdisonTD; EEMA; EU – European Asylum Support Office, Public Register of Authentic Identity and Travel Documents Online; France – Office français de protection des réfugiés et apatrides; Global Citizenship Observatory; Henley Passport Index; Hürriyet Daily News; Norway – Landinfo; Organisation suisse d'aide aux réfugiés; Organization for Security and Co-operation in Europe; Refugees International; Security Document World; Thales; Turkey – Ministry of Interior, Ministry of National Defence; UK – Home Office; UN – Refworld; World Bank.

Attachment

Turkey. N.d. Sample of a military status certificate. Sent to the Research Directorate by a representative of Stockholm Center for Freedom (SCF), 26 October 2021. Translated by the Translation Bureau, Public Services and Procurement Canada.