Asker kişilere uygulanan disiplin yaptırımlarının yargısal denetimi
Although criminal law may be sufficient to prevent disorder in society, it is sometimes insufficient to protect internal order in public institutions. To operate public service continuously and efficiently, it is crucial to apply specific disciplinary sanctions, which provide order in public institutions. Hence, administrative authorities possess the power to expeditiously impose deterrent penalties for violations by public officials. Disciplinary penalties, which possess the legal status of administrative actions, are rendered under quasi-judicial procedures. Maintaining discipline in the armed forces is more crucial than doing the same in other public institutions within a nation. Thus, military personnel are subject to stricter and more punitive disciplinary sanctions, which sometimes interfere with the fundamental rights and freedoms of military personnel more so than other public officials. But the necessities of military service and fundamental rights and freedoms of a service member must be balanced; the former must not excessively impose upon the later or vice versa. Additionally, criminal law principles of legality must be applied to disciplinary penalties that have the character of punitive sanction. Therefore, the analysis has to be concentrated on the legal status of disciplinary sanctions imposed on military personnel in the Turkish Armed Forces, and judicial remedies for these sanctions must to be explained. The first part of this study addresses disciplinary sanctions as relates to administrative actions, rules and principles. In the second part of the study judicial remedies, which help to protect military persons against these punitive disciplinary penalties, are explained without prejudice to necessities of the system of military discipline law.