Barkın İ., a former pilot who resigned after completing his mandatory service in the Turkish Armed Forces (TSK), did not succeed in his legal case at the Constitutional Court. He had argued that being recalled to duty after the July 15 coup attempt negatively impacted his civilian aviation career, but the Constitutional Court ruled that there was no violation of his right to privacy.
Mandatory Service Extended, Recalled to Duty
Barkın İ. resigned from the TSK in 2012 after completing his mandatory service. However, following the coup attempt on July 15, he was recalled to duty, along with other pilot officers, under a new regulation that extended the mandatory service period to 18 years, applied retroactively. As a result, he was reassigned as an active officer in the Air Force Command.
Challenging the Mandatory Service Extension in Court
Barkın İ. filed a lawsuit with the Ankara 14th Administrative Court, seeking the annulment of the decision to recall him, arguing that the new regulation harmed his professional career in civilian aviation and disrupted his family’s life. He emphasized that the recall negatively impacted his career prospects and caused personal hardship.
Administrative Court: No Legal Violation
The Ankara 14th Administrative Court dismissed the case, stating that Barkın İ.’s expertise as an instructor pilot was crucial, and his recall was lawful due to public interest. The court also noted that the extension of the mandatory service period was aligned with the requirements of public service.
Constitutional Court: No Rights Violation
After the appellate court also rejected his case, Barkın İ. took the matter to the Constitutional Court. The Second Chamber of the Constitutional Court concluded that there was no violation of his right to privacy. The decision highlighted that the intervention in the applicant’s right to privacy was in accordance with Article 15 of the Constitution, which allows for the restriction and suspension of fundamental rights and freedoms during a state of emergency (OHAL).
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