Legal Status of Late-Registered Turkish Citizens Concerning Military Service Obligations under Law No. 7179
Introduction
With increasing international mobility and dual nationality practices, many individuals acquire or formally register Turkish citizenship at a later stage in life. This situation is common among persons born abroad who register their Turkish citizenship only after reaching adulthood.
In recent years, some of these individuals have encountered an unexpected legal problem: they are recorded as “draft evaders” (yoklama kaçağı) and subjected to administrative fines, even though they had already exceeded the statutory military service age at the time of their citizenship registration.
This article examines whether individuals who register Turkish citizenship after passing military service age can lawfully be classified as draft evaders under Turkish law, particularly within the framework of Military Recruitment Law No. 7179.
Legal Framework of Military Service in Turkey
Military Recruitment Law No. 7179
Military Recruitment Law No. 7179 (Askeralma Kanunu), which entered into force in 2019, regulates compulsory military service in Turkey.
According to Article 3 of the Law, every male Turkish citizen who has reached military service age is subject to compulsory military service. The Law establishes specific age limits for military registration (yoklama), call-up procedures (sevk), and completion or exemption from service.
Once these statutory age limits are exceeded, compulsory military service obligations automatically terminate.
Turkish Citizenship and Military Obligations
Turkish Citizenship Law No. 5901 governs the acquisition and registration of Turkish citizenship. While citizenship establishes legal status, it does not retroactively impose obligations that have already expired under other legislation.
Citizenship operates prospectively. Rights and obligations arise from the date of registration, and expired public duties cannot be revived unless expressly provided by law.
Therefore, a person who becomes a Turkish citizen after exceeding military service age cannot logically be deemed to have violated a military obligation that did not legally exist during the relevant period.
Draft Evasion (Yoklama Kaçağı) and Its Legal Conditions
Under Law No. 7179, a person may be classified as a draft evader only if three cumulative conditions are met:
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The person is legally subject to compulsory military service.
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The person fails to appear for registration or call-up without valid justification.
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The person has been properly notified by the competent authorities.
In cases involving late-registered citizens, these conditions are not satisfied. Such individuals were not legally subject to military service during the registration period, no lawful notification was issued, and no valid summons could have been served.
Accordingly, the legal and factual elements required for draft evasion are absent.
Principle of Non-Retroactivity and Legal Certainty
Non-Retroactivity of Administrative Sanctions
A fundamental principle of Turkish administrative law is the prohibition of retroactive sanctions. An individual cannot be penalized for failing to comply with an obligation that did not legally exist at the relevant time.
Classifying a person as a draft evader solely due to later-acquired citizenship contradicts this principle and lacks legal justification.
Legal Certainty and Legitimate Expectation
Legal certainty requires predictability of legal consequences. Individuals who lawfully acquire Turkish citizenship after passing military service age reasonably expect not to be subjected to military penalties.
Unexpected registry entries and administrative fines undermine legitimate expectations and weaken trust in public administration.
Procedural Deficiencies and Notification Requirements
Under Turkish administrative law, any administrative sanction requires proper notification (tebligat), the opportunity to present a defense, and compliance with due process guarantees.
In many cases involving late-registered citizens, no personal notification is delivered, the individual resides abroad, and registry records are created automatically without procedural safeguards.
Such practices may violate Article 36 of the Turkish Constitution, which guarantees the right to a fair trial and access to legal remedies.
Legal Remedies and Procedures
Individuals facing this situation may pursue both administrative and judicial remedies.
At the administrative level, a petition may be filed before the Military Service Office (Askerlik Şubesi) requesting correction of military registry records and submitting evidence concerning the date of citizenship registration and age status.
At the judicial level, an annulment action may be filed before the Administrative Courts to challenge administrative fines and registry decisions. Requests for suspension of execution (stay of enforcement) may also be submitted where appropriate.
Each case requires careful examination of the individual’s administrative file and legal status.
Human Rights Perspective
From a human rights standpoint, arbitrary classification as a draft evader may interfere with freedom of movement, the right to private life, and legal security.
Under the European Convention on Human Rights, unpredictable and retroactive administrative sanctions may constitute violations of Article 6 (right to a fair trial) and Article 8 (right to respect for private life).
Conclusion
Individuals who register Turkish citizenship after exceeding the statutory military service age cannot lawfully be classified as draft evaders under Military Recruitment Law No. 7179. Administrative practices based on repealed legislation or retroactive interpretations lack legal foundation and violate the principles of legality, non-retroactivity, and legal certainty.
A consistent and rights-based application of Turkish military law is necessary to prevent unlawful administrative penalties and to protect the legitimate expectations of late-registered citizens.