THE ACTUAL PROBLEMS OF TURKISH MILITARY DISCIPLINARY SYSTEM AND A DIFFERENT LOOK AT ANALOGY-MAKING RIGHT OF MILITARY SUPERIORS

Disciplinary legal system clears away its cobwebs with the thriving impact of international human rights law –just as it occurs in other branches of law– in recent years. Turkish military disciplinary law –as a sub-branch of Turkish disciplinary legal system– is modernised dramatically after Turkish Armed Forces Disciplinary Code No. 6413 was promulgated on 16 February 2013. Profound achievements were gained with the new law for the favour of subordinate military personnel, such as the rigid enforcement of the principle of legality in disciplinary crimes and punishments. However, Code No. 6413 Art. 8 § 2 empowers the military superiors apply analogy in disciplinary crimes in case of no penal regulation is foreseen for rare and specific cases. Nevertheless Turkish Supreme Court noted that nulla poena, nullum crimen sine lege is mandatory in disciplinary law so that before cited article, which is directly contrary to the principle, is a concrete violation of legality principle. In this paper, general actual problems of Turkish military disciplinary legal system, especially analogy-making right of military superiors by law, is examined and some practical solutions to those problems are revealed