Abstract

This article examines the legal status of individuals who acquire or formally register Turkish citizenship after exceeding the statutory age limit for compulsory military service, and who are subsequently recorded as “draft evaders” (yoklama kaçağı) by the Turkish military administration. The study analyzes the interaction between the Turkish Citizenship Law and the Military Recruitment Law No. 7179, evaluates the legality of administrative penalties imposed in such cases, and discusses the principles of legal certainty, non-retroactivity, and legitimate expectation under Turkish administrative law.

1. Introduction

With increasing globalization and migration, a growing number of individuals acquire Turkish citizenship at a relatively late age. Some of these individuals, particularly dual nationals born abroad, formally register their Turkish citizenship after the statutory military service age has already expired.

Despite this, certain administrative practices classify such individuals as draft evaders (yoklama kaçağı) and impose administrative fines under the Military Recruitment Law No. 7179. This raises serious legal questions concerning the scope of military obligations, the temporal applicability of military law, and the protection of fundamental legal principles.

This article explores whether a person who becomes a Turkish citizen after the military service age limit can lawfully be considered a draft evader.

2. Legal Framework

2.1 Military Recruitment Law No. 7179

Law No. 7179 on Military Recruitment (Askeralma Kanunu), which entered into force in 2019, regulates compulsory military service in Turkey.

Article 3 defines military service obligation as applicable to:

“Every male Turkish citizen who has reached military service age.”

The law establishes specific age limits for:

• Registration (yoklama),

• Call-up (sevk),

• Completion or exemption from service.

Once the upper age limit has passed, the individual is no longer legally subject to compulsory service.

2.2 Turkish Citizenship Law No. 5901

Law No. 5901 regulates acquisition and registration of Turkish citizenship. While it establishes citizenship status, it does not automatically impose retroactive public obligations that have already expired under other legislation.

Citizenship grants legal status prospectively and does not revive extinguished obligations unless expressly provided by law.

3. The Problem of Retroactive Military Liability

In practice, some military authorities rely on repealed legislation (former Laws No. 1111 and 403) and argue that citizenship law overrides military recruitment law. Under this approach, individuals who registered citizenship late are treated as if they had always been Turkish citizens for military purposes.

However, such interpretation contradicts fundamental principles of Turkish administrative law:

3.1 Principle of Non-Retroactivity

Administrative sanctions cannot be imposed retroactively. An individual cannot be penalized for failing to fulfill an obligation that did not legally exist at the relevant time.

If a person was not registered as a Turkish citizen during the legally defined military service period, the obligation could not arise.

3.2 Principle of Legal Certainty and Legitimate Expectation

Legal certainty requires that individuals be able to foresee the legal consequences of their actions. A person who lawfully acquires citizenship after the military service age limit has passed reasonably expects not to be subjected to military penalties.

Unexpected classification as a draft evader violates legitimate expectations and undermines trust in the legal system.

4. Administrative Classification as “Draft Evader” (Yoklama Kaçağı)

Under Law No. 7179, a “draft evader” is defined as someone who:

• Is legally subject to military service, and

• Fails to appear for registration or call-up without valid excuse.

For late-registered citizens:

• They were not legally subject to service during the registration period,

• They received no lawful notification,

• No administrative summons could have been issued.

Therefore, the factual and legal elements of draft evasion are not satisfied.

5. Procedural Deficiencies and Notification Requirements

Turkish administrative law requires valid notification (tebligat) for any obligation or penalty to become enforceable.

In many such cases:

• No personal notification was made,

• The individual resided abroad,

• Records were created automatically without due process.

Such penalties violate procedural guarantees and the right to defense under Article 36 of the Turkish Constitution.

6. Remedies and Legal Pathways

Affected individuals may pursue:

6.1 Administrative Review

• Petition to the Military Service Office (Askerlik Şubesi),

• Request correction of registry records,

• Submit evidence of citizenship date and age status.

6.2 Judicial Review

• Administrative lawsuit before Administrative Courts,

• Request annulment of penalties,

• Claim violation of legality and proportionality principles.

7. Comparative and Human Rights Perspective

From a human rights perspective, arbitrary classification as a draft evader interferes with:

• Freedom of movement,

• Legal security,

• Right to private life.

Under the European Convention on Human Rights, unpredictable and retroactive sanctions may violate Article 6 (fair trial) and Article 8 (private life).

8. Conclusion

A person who acquires or formally registers Turkish citizenship after exceeding the statutory military service age cannot lawfully be classified as a draft evader under Law No. 7179. Administrative practices based on repealed legislation lack legal basis and violate principles of non-retroactivity, legal certainty, and procedural fairness.

A consistent and rights-based interpretation of military recruitment law is required to prevent unlawful administrative penalties and protect the legitimate expectations of late-registered citizens.