"According to Military High Administration Court Law Article 20, civilian office workers contracted under Turkish Armed Forces are considered as soldiers. Therefore, they have to stand trial in a military court whenever there is an issue. While they lose most of their cases, the only option of appeal remains the ECHR. As far as the complaints submitted to me via phone, almost 80 percent of military contracted civilians face psychological issues," Ahmet Kahveci, an advocate from Civilian Officer Workers and Retirees Union, said.
The issues that Turkish Army's civilian staff were recently brought up by Özlem Akarsu Çelik, an Aksam newspaper columnist.
Ahmet Kahveci, who is currently following 4 cases taken to ECHR, said the essential issue laid in the military court delegation where 2 out 6 members were not lawyers.
"Military judges always consider civilians as opponent. Therefore, civilians always lose their cases. And we take them to ECHR."
"Impossible to appeal in a civilian court"
Kahveci said the four cases belonged to Murat Kaynar, Gökhan Güzel, Fatma Aydın and Arslan Tütüncü who were each charged with various crimes including questioning orders, being disrespectful to officers or carrying a cellphone in the military base.
"Some of the defendants received disciplinary punishments or salary cuts, it is impossible to appeal cases in a Turkish civilian court," Kahveci said.
Kahveci reminded the case of Mualla Gökçe İçen, the first civilian military staff to appeal in ECHR. In 2004, a military court ordered İçen to serve 4 months in prison for disobeying orders. In 2011, ECHR found Turkey guilty for unfair trial, ordering the Turkish state to pay 15,000 euros.
"Following the ECHR verdict, Military Supreme Court ruled to transfer the cases of civilian military staff to civilian courts. The order was later on solidified by Constitutional Court by implementing a regulation that permitted civilians to be tried by military courts only in case of war," Kahveci said.
Military's "civilian" soldiers
Kahveci also cited bianet several mobbing practices used on Turkish Army's civilians staff.
"We receive complaints where civilian staff are forced to assemble or do physical training like soldiers. We hear mostly that military officers compel non-military staff to go through these practices under the name of assignment."
Kahveci also said most military officers whose mobbing cases were taken to ECHR are active-duty personel.
"Military's civilian staff are forced to give up their personal lives to meet the needs of military commanders. Even though the official work limit is 40 hours per week, we heard cases where civilian staff work for 80 hours. This is pure mobbing."
Kahveci complained that even though they forwarded all civilian complaints to National Defense Ministry and relevant deputies, the only response they received was to take "legal action". (EKN)
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