According to the new “Regulations on Mobilization and State of War” signed by AKP President Recep Tayyip Erdoğan into force at midnight, mobilization powers have been transferred from the Council of Ministers to the President.
One of the most striking provisions that was not included in the old regulations concerned the determination of mobilization declarations.
Therefore, the president will henceforth decide to declare direct mobilization in case of “insurrection and strong or active uprising.” The decision will be immediately published in the Official Gazette and then submitted to the Turkish Grand National Assembly for approval.
According to T24 News, another notable article in the new regulations was regarding “reservists” resources.
Therefore, those who were dismissed from the Turkish military, civil service or professions by decree during the state of emergency will be called up as “reservists” in case of mobilization or war. Therefore, those who were dismissed from the Turkish military after July 15 may also be assigned to the force.
The Council of Ministers Regulations on Mobilization and State of War dated 1990 and numbered 90/500 were abolished. Instead, the Regulations on Mobilization and State of War entered into force at midnight, signed by President and AKP Chairman Recep Tayyip Erdoğan. The 52-page new regulation, which will be published in the Official Gazette on May 22, 2024, consists of 103 articles, excluding interim provisions and entry into force.
Legitimacy: The uprising endures the division of the country.
The new regulation contains a number of changes compared to the old regulation. The first is the decision-making authority.
Since the transition to the presidential system, the provisions of the law have changed and the expression “President” was introduced instead of “Council of Ministers”. The new regulations will place the decision to declare mobilization under the authority of the president.
Unlike the old provisions, the new provisions allow the president to decide to declare mobilization in the event of a riot or insurrection.
Therefore, Mr. President. in whole or in part, in the event of a situation requiring war, and in the event of “insurrection, a strong or active uprising against the Fatherland or the Republic, or any action endangering the internal and national integrity.” Decide to declare mobilization. The decision to declare mobilization shall take effect. The decision will be published immediately in the Official Gazette, specifying the date and time of publication, and submitted for approval to the Turkish Grand National Assembly (TBMM). On the same day. If the Grand National Assembly of Turkey is in session, it will immediately convene to announce the mobilization or declaration of war, and the local governors, municipalities, and chief departments will use all their resources to announce the mobilization declaration in all villages. , neighborhoods, and the smallest settlements through all kinds of communication means.
According to the Ohal Decree, those who were dismissed for “coordination with terrorism” will also become reserve officers.
Another provision of the new regulations concerned personnel recruited as “reservists.”
Therefore, soldiers who are dispersed, discharged, or dismissed from the Turkish Armed Forces, Gendarmerie General Headquarters, or Coast Guard Headquarters for various reasons will be treated as “reservists” if their relationship ends, they are separated, or their contracts are terminated. You will be exposed.
The most shocking article in this regard was the call to duty of those who were dismissed from the Turkish military, civil service and professions by Decree Law during the State of Emergency (OHAL).
Thus, those who were dismissed from the Turkish military and their professions after the July 15 coup attempt will be able to become “reserve officers” in case of mobilization or war.
At the same time, according to the Decree Law No. 375 of 1989, those who are dismissed from the profession because they are determined to be “associated with terrorist organizations or organizations that are contrary to national security” and the Military Penal Code of 1930. Persons sentenced to imprisonment by military courts and courts of justice pursuant to No. 1632. They may also become “reserve officers.”
Notification of expedition order to overseas residents
For those who are in a foreign country under an expeditionary mission order, a notice of convocation will also be posted on the official website of the overseas diplomatic mission. The announcement date and time of the invitation will be the first hour of the day after the publication of the announcement. This announcement shall be considered a notice.
Confidentiality status and criminal charges against those who do not comply
According to the new regulations, if the president decides to keep the procedures related to the mobilization declaration secret, the announcement will be made with the level of secrecy of “secret”.
In this case, preparations will be made to secretly disclose the personnel, human resources, vehicles, goods, and services to which obligations are imposed to the heads of relevant public institutions, persons with authority, and persons executing duties.
During the period of confidentiality, anyone who does not comply with the confidentiality of procedures relating to the implementation of the decision to declare mobilization shall be subject to criminal prosecution by the Prosecutor General.
Vehicle-related mobilization and war preparations
According to the regulations, the registration of vehicles subject to the Road Traffic Act (excluding vehicles without off-road gear, tractors and motorcycles) is recorded by a notary public, after which information and changes regarding the vehicle must be submitted to the Ministry of Land, Infrastructure, Transport and Tourism. Sent. National Security Council Secretariat by Defense and Turkish Notary Union.
Inventory vehicles of public institutions and organizations are reported to the Ministry of National Defense through their affiliated, related, connected, and coordinating ministries in January of each year. Vehicles owned by foreigners will be processed according to existing laws and agreements.
The announcement regarding the Deployment Declaration will result in the issuance of a Vehicle Expeditionary Mission Order or Mission Document to replace the “Bring Order” to vehicle owners or drivers. Vehicle owner or driver, vehicle. Within six hours of the announcement, materials, tools and spare parts will be brought to the National Defense Duty Board, which will be located at the location of the vehicle assembly area.
Vehicle assembly areas are determined peacefully. Incoming vehicles are inspected by the National Defense Duty Board, rental and purchase prices are determined according to the current condition of the vehicle, the necessary formalities are completed, and the vehicle is sent to the assigned unit or agency. Day.
