Turkey: Whether enrolling in a four-year academic program at a university automatically grants a deferment of military service for the four-year period, even if an individual fails his courses or does not attend classes; whether the university issues a declaration stating that an individual will be a student at the university upon receiving tuition payment, even if he has failed the previous academic year
In two telephone interviews with the Research Directorate, a consular official at the Embassy of the Republic of Turkey in Ottawa provided the following information. Post-secondary students between the ages of 17 and 20 years do not have to postpone their military service since military service begins at 21 years (Turkey 30 Jan. 2009). Older students may defer their military service as long as they are able to register at a post-secondary institution, even if they have failed courses in previous years (ibid. 13 Feb. 2009b). Students must renew their deferment every year (13 Feb. 2009b). A problem will arise only if a student is unable to register for a subsequent term: at this point, the university will contact the military office and the student's deferment of military service will not be renewed (ibid.).
In a 13 February 2009 telephone interview, an executive assistant at the Turkish Education Office at the Consulate of the Republic of Turkey in New York noted that these rules apply equally to Turkish students studying in Turkey and to those abroad (Turkey 13 Feb. 2009a). Undergraduate students may obtain a four-year deferment up to a maximum of seven years (ibid.) or until they are 29 years old (ibid.; UK 29 Aug. 2008, Sec. 9.06).
For postgraduate students, the rules differ (ibid.; Turkey 13 Feb. 2009a). Master's and PhD students may obtain a deferment for three or five years respectively, until they reach the age of 35 years (Turkey 13 Feb. 2009a). However, the Turkish Military Act No. 1111 specifies that
[t]he call-up and transfer of … [t]hose who are undergoing practical training, a higher degree, some specialization or doctoral studies in Turkey or abroad at the state's or at their own expense … may be postponed until the end of the age of 33 by the Ministry of National Defence. (Turkey 20 Mar. 1927, Art. 35(e))
In addition,
[o]f the graduates of higher education, those who, after completing their particular specialization, bring about an innovation or development at global level in the field of science in original research in which they are engaged in this country or abroad, and the scientific establishment in which they work attests to this fact and issues a request, may be exempted from call-up and transfer to military service until they reach the age of 36. (Turkey 20 Mar. 1927, Art. 35(f))
Every year in August or September, Bachelor's students must submit proof of registration at the educational institution they attend to their corresponding military service office (Turkey 13 Feb. 2009a). Bachelor's students who fail are allowed to repeat a maximum of two academic years, but if they fail a third time they will not be able to register at their university or defer their military service any longer (ibid.; ibid. 20 Mar. 1927, Art. 35(c)). Similarly, Master's students must submit proof of academic registration in August or September, but they must do so only once for a two-year period of study (and a second time if they continue their study for a third year) (ibid. 13 Feb. 2009a).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Turkey. 13 February 2009a. Consulate of the Republic of Turkey in New York, Turkish Education Office. Telephone interview with an executive assistant.
_____. 13 February 2009b. Embassy of the Republic of Turkey in Ottawa. Telephone interview with a consular official.
_____. 30 January 2009. Embassy of the Republic of Turkey in Ottawa. Telephone interview with a consular official.
_____. 20 March 1927. Law No. 1111, Military Law. (Office of the United Nations High Commissioner for Refugees, UNHCR) <http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=printdoc&docid=3ae6b4d020> [Accessed 17 Feb. 2009]
United Kingdom (UK). 29 August 2008. UK Border Agency. Country of Origin Information Report: Turkey. <http://www.homeoffice.gov.uk/rds/pdfs08/turkey-250908.doc> [Accessed 17 Feb. 2009]
Additional Sources Consulted
Internet sites, including: Amnesty International (AI); British Broadcasting Corporation (BBC); Coalition to Stop the Use of Child Soldiers; Embassy of the Republic of Turkey in Washington, DC; Embassy of the Republic of Turkey in Ottawa; European Country of Origin Information Network (ecoi.net); Factiva; Human Rights Watch (HRW); Hurriyet [Istanbul]; International Helsinki Federation for Human Rights (IHF); Istanbul University; Quaker Council for European Affairs (QCEA); Turkish Ministry of Defense; Turkish Ministry of Foreign Affairs; Turkish Ministry of Interior; United States Department of State.