Anayasa Mahkemesi kararları ışığında askeri yargı

Abstract

In our country, military courts find their legal basis in the Constition. Founding principles of this courts and the rules to prevail in their operations are shown in the Constition. Article 145 of our Constition,dated 1982 reads as "military judicary is executed by military and dicipline courts-foundation of military courts in states of war and martial law and assigment of judical judges and prosecutors to tthese courts are regulated by law. Foundation and operation of Military Judicary Bodies,personel matters of military judges,relations of military judges,doing military prosecutors function, with the command they are charged in is regulated by law in accordance with the requirements of independence of courts, judgeship reassurance and military service." The conclusion to be drawn from that rule is that foundation and operation of courts and personel matters of military judges will be regulated by law and relations of military judges with their command in accordance with the requirements of independence of courts, judgeship reassurance and military service. Law Maker must balance requirements of independence of courts, judgeship reassurance and military service. Costitional Court will solve the problems caused by Law Maker. According to our law on military judgemet,military courts are formed by 2 military judge and 1 officer members. This officer member is chosen for 1 year irreplacebly evry December by the commander or the by the head of military institution^ front of whom a military court was founded,out of the members within the judicary circle of that court in case of any constant obstacles to the performance of their tasks,it is possible to chose another one instead. This officer member has not judgeship reassurance. Judgement procuderes, mission and jurisdictions of Dicipline Courts are illustrated in the code,no 477. Dicipline Courts comprise generally 3 officers,but 2 officers and 1 Non Commisisoned Officer when it judges Non Commisisoned Officers and Enlisted PersonneLIn accordance with code, Dicipline Courts are fouded in front of regiments,divisions,army cprps,armies and General StaflVThey can also be fouded in other units and institutions considered necesarry by General Staff. Military Judgement is one-degree and its appeal-degree was not accepted. So the judgement of first-degree miltary courts are examined in the Supreme Military Court of appeals.