Conscientious objector faces vicious cycle of investigations in Turkey

Cihan Başakçıoğlu / Gazete Duvar

Şendoğan Yazıcı declared his conscientious objection in 2010 and has faced numerous lawsuits over 14 years. Yazıcı currently has 14 ongoing cases and was summoned again by the gendarmerie for questioning on September 11. He was interrogated for “violating Military Penal Code No. 1111” and shared the interrogation report on social media. Three days after posting the report, Yazıcı faced another investigation for “violating the confidentiality of the investigation.” This time, he was questioned for violating Article 286 of the Turkish Penal Code.

Gazete Duvar spoke with Yazıcı, who had been tried for offenses such as “alienating the public from military service,” “violating the military penal code,” and “insulting the Republic of Turkey,” about the latest investigation and his experiences over the past 14 years.

"I’ve upheld my conscientious objection for 14 years and have given statements to the gendarmerie, police, prosecutors, and courts countless times," Yazıcı said. "The authoritarian system’s arbitrary pressure on individuals who refuse to bow to the state continues unabated." 

He added, “On September 11, I was called by the gendarmerie again and gave a statement for violating Military Penal Code No. 1111. As usual, I posted my statement on social media. Three days later, I was accused of violating Article 286, for ‘violating the confidentiality of the investigation.’ Absurd, isn’t it? It’s like an endless cycle: I’m accused of violating confidentiality for sharing my statement, and if I share this, I’ll probably have to give another statement for ‘violating the violation of confidentiality.’ Maybe this will go on until it creates a more absurd 'violation of a violation.' During the interrogation, not a single word was said about the confidentiality of the investigation."

Yazıcı, who said he currently had 14 ongoing cases, stated that he had faced state pressure since his 2010 declaration. He continued,

“When I made my conscientious objection declaration in 2010, I knew what could happen. I was prepared for this. After that, I experienced an incredible process that varied in intensity over time through court cases, fines, and account freezes. Throughout the preparation of these 14 cases, I’ve given statements in investigations, to prosecutors, and in court, and all of this has turned into serious labor. I try to use these statements as a platform for my conscientious objection.”

Yazıcı added that the investigations worked as de facto punishment for conscientious objection. “On the surface, they’re not doing anything. There’s no forced conscription, but they’re turning this into a lifelong torment."

Yazıcı also mentioned facing absurd situations during his trials, including being charged with “cocktail organization.” He explained, “I was tried in the High Criminal Court. Based on my social media posts, they argued that my defense of the Gezi protests indicated that (the outlawed parallel organization) FETÖ was behind it, and I was prosecuted for supporting FETÖ. I was also tried for ‘attempting to destroy the indivisible integrity of the state’ for mentioning the ‘Kobani Resistance,’ even though there was no propaganda element in what I said. I was charged with FETÖ, PKK, and PYD affiliations, and they sought an 18-year sentence. At the last hearing, the prosecutor requested my acquittal, and I was acquitted. They put me through all this stress."

Yazıcı noted that the Constitutional Court failed to respond to his applications to prevent him from appealing to the European Court of Human Rights (ECHR). 

“For some reason, the Constitutional Court can’t reach a decision. I have two individual applications from 2014 and 2017. They’ve been waiting before the commission for years. It’s been 10 years, and no ruling has come,” he said. 

Yazıcı also mentioned facing fines, explaining, “I exercised my constitutional right to conscientious objection. This right stems from Turkey’s 2006 signing of the European Convention on Human Rights. The 2010 Constitution’s Article 90 covers this as well. I believe I am exercising my constitutional right when I declare my objection.”

“They consider me a draft dodger. I’m not a draft dodger because I’m not running from anything. I’ve attended every court hearing and provided every statement. But despite my ongoing trial, each time they issue a report calling me a draft dodger, they impose fines. These fines then come back to me as enforcement orders. My accounts are frozen. On one hand, my trial continues, and on the other, they seize my money. This is a clear injustice. I’ve accumulated fines totaling 36,500 lira.”

“Life is being made difficult for us. You stay in a hotel, and the police show up at 5 a.m. Or you encounter a checkpoint, and they issue a report. This cycle continues endlessly. If they could, they would prevent us from even breathing,” Yazıcı said. “This last situation is really absurd. It’s not unique to me. Their goal is very clear, to keep conscientious objectors in a constant state of legal and social limbo, making their social, economic, and cultural lives unbearable through illegitimate means.”

Yazıcı concluded, “This is our legitimate right. There is a law, and according to that law, the state must make the necessary regulations. I’m not guilty because the state hasn’t implemented this regulation. It’s as if the state’s crime is being inflicted on the citizen. 

“They believe that if conscientious objection is recognized, no one will join the military. Now there’s a price hike for paid military service. For the state, this is one of the most lucrative revenue streams. It’s absurd to think that scaring people into paying for security is legitimate. You get punished for a crime once, and then you move on with your life. But in Turkey, refusing military service leads to an endless cycle. Even if I live to 90, I’ll still be on trial in the Criminal Courts of First Instance for refusing military service. I’m talking about an endless symphony,” he concluded. 

(English version by Ayşenaz Toptaş)