Children of the State
Military cadets and conscript privates were “children of the state”, under the state’s protection. The author questions, from a legal standpoint, the situation of the military cadets tried after 15 July.
Topic
Articles on the rule of law, fundamental rights, judicial proceedings and the European human rights system.
Military cadets and conscript privates were “children of the state”, under the state’s protection. The author questions, from a legal standpoint, the situation of the military cadets tried after 15 July.
Should a law still be applied if it is clearly unjust? The Radbruch Formula, developed after the Nazi era, still sheds light today on the tension between law and justice.
The law defines a victim only as someone harmed by a crime, yet unjust arrangements and power struggles also create victims. The author questions the forms of victimhood that fall outside the law.
On 28 December 2011, 34 civilians were killed in an air operation in Roboski. Ten years later, the author questions the role of a “third party” beyond the two dominant views of the incident.
How was the search for a legal basis conducted in Ankara before the trench operations began? The author, who worked as a lawyer and lecturer at the gendarmerie schools, describes the grey legal areas of the operations.
The Turkish Penal Code does not define espionage and does not question the spy’s motivation. This gap can expose civil servants who reveal crimes and journalists who report on them to espionage charges.
Launched simultaneously in 20 prisons in December 2000, Operation Return to Life is etched in memory with death fasts and dozens of deaths. The author, trained at the gendarmerie school, questions the background of the operation.
Cement holds a building together; law holds a society together. A commentary on law as the mortar that keeps society together when conscience, morality or religion alone are not enough.
Like the Irish soldiers written off in the Siege of Jadotville, the soldiers in the trench operations paid the price for political mistakes. The author asks where the responsibility lies.
The US State Department's 2021 Trafficking in Persons Report placed Turkey on the list of countries that use child soldiers. The article examines the grounds of the report and the link to the Syrian National Army.