MILITARY SERVICE LAW

Law Number : 1111

Date of Adoption : June 21,1927

Date and No. of Publication in the Official Gazette : July 17,1927 - 635


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Article 1 Every male who is subject of the Republic of Turkey, is obliged to do military service pursuant to this law.

(Repealed last paragraph: on January 4,1961 - 211/119 th Art.)

 

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Article 63 – Of which quantity of the official duty or service and which quantity of them from among the reserve privates and privates who have rank at the assemblies took place with the purpose of internal peace or any kind of mobilization would be required to be deferred shall be determined as a table when still at the time of peace by the Council of Ministers on condition that included consent of the Presidency of General Staff and shall be notified to the Ministry of Defense and to the other persons required. Those who have been determined that they are officers and employees and permanent workmen including privates and privates who have rank on active duty of all kind of railroads and harbours that are last stations of these railroads by the registers given by the Ministry which they belong to are deferred in the first period of mobilization on condition that they were appointed to these services and officialdoms herein three months before declaration of mobilization.The Ministry which they belong to are obliged to provide and prepare gradually elderly ones and the persons who have no relationship with the military service in place of those deferred officials. In so far as the issue concerning alteration and recruiting of these persons according to the general situation that will develop in the first period of the mobilization or continuation of deferment and employment of them in any other way shall be determined and notified by the Supreme Military Command and the Council of Ministers and with regard to the state and condition encountered during continuation of mobilization there shall be applied the same procedure whenever necessary in order to regulate this rule. Persons dutied in the tables mentioned in the first paragraph of this Article shall not be called to arms for training and manoeuvre. Calling to arms of the conditions of train employees mentioned in the second paragraph at training and maneuvering shall be determined by the Ministry of Public Works and the General Staff. Members of Parliament are deferred as long as their memberships continue. Those who wish, fulfill their military duty.

(As amended on January 11,1983 – 1778/2 nd Art.) Those who have been determined from among the civilian key and specialist personnel working within the body of the Armed Forces at domestic or overseas allied headquarters shall be deferred by the Ministry of Defence during continuation of state of emergency, mobilization and state of war and as long as they worked at the posts which they are situated. Retiring of this personnel from duty during continuation of state of emergency, mobilization and state of war depends upon permission of Command which they are bound. Those who left the duty unless taking permisson shall be punished pursuant to the Article 66 of the Law on Obligation of National Defence.

 

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Article 89 - (As amended on March 31, 2011 - 6217 / 3 rd Art.)

Those who do not come until the last day of dispatch date of their peers which they will be dispatched together upon notification or announcement and these situations of them determined that they do not arise from justifications specified in the Article 47 from among those whose class and distribution have been determined,and those who have been provided from escaped ones without going to the unit in which he will fulfill his military service after he was dispatched and do not have right of deferment, shall be dispatched immediately.

(Amended second paragraph: on February 11,2014 – 6519/8 th Art.) Those whose conditions suit to the second paragraph or Article 47 and those whose conditions are out of justifications specified in Article 47 of those who do not take their dispatch documents at the date of dispatch by coming to the military entrance processing command and do not attend to the service school or training unit at the end of the period of transportation granted to them after taking their dispatch document from among classified reserve officer candidates, shall be dispatched to the service school or training unit.

Persons who have been made deferred while they were deserter shall be dispatched at the first working day following the date on which their deferments have expired.

In peace time, unless having an acceptable justification, who came within following the date;

a) From the date of dispatch of the last group for those whose last group has been dispatched within normal dispatch year nationwide of those having the same year of birth and are subject to examination together from among examination evaders,

b) From the date of dispatch of the last group for those whose last group of whose peers has been dispatched within normal dispatch year nationwide from among hiding out ones,

c) From the date on which they have been deserter, for deserters,

d) From the last dispatch date for those who were summoned and subject to transaction together have been dispatched from among reserve privates,

e) From the expiry of legal transportation period granted to them, for those who do not attend or attend late to the unit which they have been dispatched by the military entrance processing command without considering whether they were examination evader, hiding out one or deserter,

Shall be punished with two hundred and fifty who come within four months, a thousand who are arrested within the same period; seven hundred and fifty who come after one year, three thousand Turkish Liras who are arrested within the same period. For those who come on his own free will shall be punished with one thousand and arrested ones punished with two thousand additionally for each calender year after one year is completed. However, if they attend to the units which they were dispatched by the military entrance processing command for the first time without delay after these actions of them, there shall be given half of the administrative penalty which will be applied to them.

The document regarding administrative fines to be applied pursuant to this Article, shall be sent by the military entrance processing command to the local authority of the place where the obliged person’s birth is registered and administrative fine is determined by related provincial or district administrative board.

There may be appealed about administrative fines inflicted pursuant to this Article in a way specified at the Misdemeanor Law dated March 30,2005 and numbered 5326. Execution of these fines are suspended to the termination of the military services. Lapse of time does not run within these periods.

In peace time, about the persons who commit any one of the actions specified in the fourth paragraph and those who commit these actions during the mobilization or state of war after the administrative fine inflicted pursuant to the fourth paragraph has been finalized, there shall be prepared offense files and sent to the Public Prosecutor’s Office of the place where the obliged person’s birth is registered.

 

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