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5. Discipline courts

Discipline Courts

 Discipline courts were involved in our judiciary system with the 1961 constitution.

 Discipline courts are established at regiment, brigade, division, army corps, army commands and General Command of Gendarmarie, Force commands, Undersecretariat of Ministry of National Defense and Ghief Office of General Staff.

 Discipline courts are composed of three officers; one chairman and two members. ln the prosecution of non-comissioned officers, and enlisted men, one of the members is a non-comissioned officer. The chairman is at least a captain_ranked officer with a minimum of one year troop experience.

The chairman and the members are chosen by the troop commander or institution supervısör having a court within their institutions for one year period.

There is a disciplinary officer in these courts and he serves as a representative of the ruplic prosecutor. Wlth the most recent amendment, the judges by profession were allowed to serve in the disciplinary posts. Yet, in Gase of the absence of such people it is possible for the other class officers other than judges to serve in disciplinary office posts. ln this case, he must be an officer at the rank of second lieutenant-major who has served at least one year in the troop and has not been served with a felony except for the negligent offenses.

The disciplinary courts judge the crimes of the soldiers, stipulated in the Disciplinary Courts Gode dated 16.6.1964 and no 477. These are relatively slight crimes such as:

- Disrespect for the supervisor,

- Disobeclience,

_ Desertion not exceeding 6 days, and Trespassing of leave,

- Lose a service commodity or cause its destruction,

_ Order to his inferior about something unvelated to his service, want any present for his inferior, borrow something from his unferior , Curse insult, illtreat the inferior,

- Acting against on-duty instructions,

- Drunkenness,

- Gambiling,

 The rank of the persons to be judged at the disciplinary courts also defines the court. The regimental disciplinary courts judge ranks from enlisted men upto captain, the division disciplinary courts from enlisted men upto lieutenant colonel, the army corps and senior commands disciplinary courts from enlisted men upto colone| and the Chief of General Staff Disciptinary Courts from enlisted men upto military persons such as generals. As lt is obvious by the raise in ranks of the accused the sort of court in clorge changes.

 An objection can be raised against the sentence pronounced by these courts, within 3 days, at a senior disciplinary court.

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Jandarma subayı iken ANKARA Üniversitesi Hukuk Fakültesini bitirdi ve 1983 yılında sınıf değiştirerek askeri hakimliğe geçti. Askeri savcı, askeri hakim, adli müşavir yrd., disiplin sb.lığı, şb. md.lüğü gibi çeşitli görevlerde bulundu. (E.) Hakim Alb. Orhan ÇELEN; Şubat 1999’da kendi isteğiyle KKK.lığından emekliye ayrıldı. Halen ANKARA Barona kayıtlı olarak serbest avukatlık yapmaktadır.
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