THE STATUS IN TURKISH LEGAL SYSTEM

Military administrative judiciary exists together with general administrative Judiciary in legal system, and has no first instance court and is represented by the Askeri Yüksek İdare Mahkemesi.

Askeri Yüksek İdare Mahkemesi is regulated in the Article 157 of the Constitution and is one of the six higher courts, besides the Constitutional Court (Anayasa Mahkemesi), The Court of Appeals (Yargıtay), The Council of State (Danıştay), The Court of Military Appeals (Askeri Yargıtay), and The Court of Jurisdictional Disputes (Uyuşmazlık Mahkemesi).

Below are the relevant articles of the Constitution and laws related to the general status of the Askeri Yüksek İdare Mahkemesi.

Art. 157 of the Turkish Constitution: Askeri Yüksek İdare Mahkemesi shall be the first and last instance court for the judicial supervision of disputes arising from administrative transactions and actions involving military personnel and relating to military service, even if such transactions and actions have been carried out by civilian authorities. In the disputes arising from military service obligations, the condition of being a member of military personnel shall not be demanded.

Members of the Askeri Yüksek İdare Mahkemesi who are Military Judges shall be appointed by the President of the Republic from a list of three candidates nominated for each vacant seat by the President and members of the Court who are also Military Judges by secret ballot and by an absolute majority of the total number of such members, from among military judges of the first class, members who are not military judges shall be appointed by the President of the Republic from a list of three candidates nominated for each vacant seat by the Chief of the General Staff from among officers holding the rank and qualification prescribed by law.

The term of office of members who are not Military Judges shall not exceed four years.

The President, Chief Prosecutor, and Chairmen of the Chambers of the Court shall be appointed from among military judges according to rank and seniority.

The organization and functioning of the Askeri Yüksek İdare Mahkemesi, its procedure, disciplinary and other matters relating to the status of its members shall be regulated by law in accordance with the principles of the independence of the Courts, security of tenure of judges, and with the requirements of the military service.

Art. 1, Askeri Yüksek İdare Mahkemesi Act, No. 1602: Askeri Yüksek İdare Mahkemesi shall be an independent High Court charged by the Turkish Constitution.

Art. 4, Askeri Yüksek İdare Mahkemesi Act: The President of the Court, Chief Prosecutor, Chairmen of Chambers and members as the members of the HMAC judges serve under the guarantee provided by Turkish Constitution.