The 40 Years Practise of Military High Administrative Courts or Should Military High Administrative Courts be immediately dismissed?

The need for military high administrative courts (MHAC) in a law state is not just a theoretical discussion. While one can argue, in light of the developed countries, that there would be no sense to create an “independent administrative judiciary” outside the “administrative justice system” by establishing “military administrative courts”,   dozens of major decisions that can be mentioned held by Supreme Military Administrative Court in favour of military personnel. Article will start with the foundation story of Supreme Military Administrative Court. Then the article will try to evaluate the fact that the generals that executed the coup d’etat of March 12th, 1971 do not trust the Council of State (Danıştay) and the fact that MHAC is established for ideological realities and as a product of the wish for preventing the return of the military officers, sergeants and military students who have socialist approach to the Turkish Armed Forces (TSK) and MHAC acts consistent to the mission that it was developed for and then we will evaluate the decisions of MHAC throughout forty years. As it is clear from  March 12th, 1971 coup d’etat, when we interpret the Code No 6191 and the decisions of the MHAC in 2012 with the decisions MHAC has made in 1982 by considering 2324 pages of paper as “legal evidences” -which are in fact the evidences of crimes of the generals who executed the coup d’etat- and the decisions in 1982, 1984, 1991 and 2001; it can be clearly seen as MHAC is a tool of the military status quo therefore should be removed from Turkish judiciary system and  should also be abolished. (Published in No. 2014/2 İstanbul Barosu Dergisi. This article is an enhanced version contained in ADAM- DER Annual Report)