33-year-old Enver Aydemir, conscientious objector for religious reasons, was taken to the Military Prison in Eskişehir in north-western Anatolia because he refused to do his military service at the Bilecik 2nd Gendarmerie Soldiers Training Brigade Command.
Aydemir had previously been taken to the same prison by reason of "disobeying orders" when he had been taken by compulsion to the Bilecik military unit north-west of Eskişehir. There, he had said that he refused to do his military service. He was brought to Bilecik after he had been arrested on his way to attend an event called "Convention of conscientious objectors for peace", organized by the Bosporus University in Istanbul on 24 December 2009.
Aydemir was detained in the 1st Air Forces Command Military Prison in Eskişehir under allegations of desertion. In the hearing on 29 March he stated that he refused to do his military service for religious reasons.
Military court did not accept "lack of authority"
Lawyers Davut Erkan and Abdülhalim Yılmaz said to Aydemir's defence, "Our client cannot be convicted for the offence of desertion since he is not a member of the military staff". Stating the military court's lack of authority in this respect, the lawyers claimed the file to be contrary to the Constitution and demanded a transfer to the Constitutional Court.
Yılmaz argued that the military court as part of the hierarchical military structure was not independent and thus opposed basic rights and freedoms defined by the Constitution and the European Convention of Human Rights. "Desertion is not the issue. This is merely a case of refusal of military service for conscientious reasons. I request the acquittal of my client", Yılmaz said.
The lawyers claimed breaches of article 7 of the Military Law (no. 1111) and article 72 of the Constitution on national service.
Coming hearings on 22 April and 2 June
Military Judge Lieutenant Yusuf Hatip dismissed the lawyers' request. Hatip had previously sentenced Aydemir to one year imprisonment on the ground of desertion. He mitigated the sentence to ten months because the then un-detained defendant had acknowledged the accusations. Taking into account the time Aydemir had already served in detention, he was released.
Subsequently, the conscientious objector was taken to the Bilecik 2nd Gendarmerie Soldiers Training Brigade Command again to do his military service. He refused the military service once more and was detained again.
MP's faux pas
Aydemir is struggling with military authorities since 24 July 2007 when he was arrested at his home in Izmir on the ground of desertion. He is awaiting the hearings of two further cases on 22 April and 2 June.
In a letter written to his wife from Eskişehir Military Prison, Aydemir wrote about a visit from an MP belonging to the Parliamentary Human Rights Delegation who apparently told him, "Considering what you did, you complain that you were imposed to violence?" Aydemir had claimed that he had been exposed to torture and maltreatment in prison.
Aydemir's supporters stand trial as well
Defendant Volkan Sevinç and another 18 people are tried for supporting Aydemir. Their case was heard on 1 April and will continue on 27 April. (EÖ/VK)
