The question of whether individuals who obtained Turkish citizenship through lineage (descent) are exempt from compulsory military service has frequently been the subject of administrative disputes and court decisions. This issue became particularly significant after the entry into force of the new Military Recruitment Law No. 7179 on 26 June 2019, which repealed the former Military Service Law No. 1111 and introduced a new legal framework together with transitional provisions.

Legal Background

Under the former Law No. 1111, persons who acquired Turkish citizenship after birth were assessed according to their age and educational status at the time they became citizens. Those who could prove that they had already completed military service in their previous country of nationality, as well as those who were 22 years old or older at the time of acquiring Turkish citizenship, were regarded as having fulfilled their military obligation.

In addition, individuals holding multiple nationalities who had performed military service in a foreign country were, under certain conditions, considered to have completed their military duty and were not required to serve again in Turkey.

Regulation Under Law No. 7179

With the enactment of Law No. 7179, similar principles were preserved for persons who subsequently acquired Turkish citizenship. However, the new law introduced an important distinction.

While the general rule continues to recognize prior military service or age-based completion of service, the law expressly excludes persons who acquired Turkish citizenship through descent (soybağı) from benefiting from these provisions. In other words, individuals who became Turkish citizens based on their parentage are treated differently from those who acquired citizenship through naturalization or other legal means.

At the same time, Law No. 7179 formally abolished the former Law No. 1111 and replaced the old system entirely.

Transitional Rules in the Military Recruitment Regulation

Following Law No. 7179, the Military Recruitment Regulation introduced transitional provisions to address cases arising under the former legal regime. According to these provisions, individuals who hold multiple nationalities and who had acquired an exemption under the repealed Law No. 1111 due to military service completed abroad may still benefit from that exemption, provided that they applied to Turkish diplomatic missions before 26 June 2019.

This rule aims to protect vested rights that arose under the previous legislation.

Practical Implications

Persons who obtained Turkish citizenship by descent and who are also citizens of another country may fall into one of the following categories:

• Those who completed military service in their former country of nationality, or

• Those who were 22 years of age or older at the time they acquired Turkish citizenship.

Such individuals may apply to the competent authorities requesting that their status as draft evaders be removed and that they be recognized as having fulfilled their military service obligation.

In practice, the Ministry of National Defense often does not respond to these applications. Where no response is given within thirty days, the applicant is entitled to initiate legal proceedings before the Administrative Court in Ankara.

Legal Assessment

A combined interpretation of the legislation leads to several important conclusions:

• Under the former Law No. 1111, individuals who acquired Turkish citizenship and met the relevant conditions were clearly deemed to have completed their military service.

• Law No. 7179 preserved this general framework but introduced an exception for those who acquired citizenship through descent.

• However, the Regulation issued under Law No. 7179 cannot lawfully eliminate rights that had already been granted by statute under the former law. A regulatory provision cannot override or restrict a right that was established by an act of parliament.

Therefore, for individuals who acquired Turkish citizenship and met the exemption conditions before 26 June 2019, their exemption should remain legally valid regardless of later regulatory requirements.

Conclusion

Individuals who acquired Turkish citizenship before 26 June 2019 and who either:

• completed military service in another country, or

• were 22 years of age or older at the time of acquiring Turkish citizenship

should be regarded as exempt from compulsory military service under Turkish law.

Although the Military Recruitment Regulation introduces a requirement to apply through consulates before the entry into force of Law No. 7179, this condition is not explicitly contained in the statute itself. Consequently, the absence of such an application should not automatically create a new obligation to perform military service.

Each case must nevertheless be examined individually in light of its specific facts and documentation. Given the complexity of this area of law, professional legal assistance is strongly recommended.