Status of military jurisdiction and military judgestin

In adaptation process to European Union , A judicial reform was initiated in order toalign Turkish judicial system with EU standards and values. During this transformationprocess of the Turkish judicial system, Military Jurisdiction which is an inseparable part ofthe Turkish judicial system appears to be neglected. Turkish Military Judicial Systemregulated in article 145 of the Turkish Constitution has also significant legal problems inthe scope of European Convention on Human Rights and Turkey?s internationalobligations.In the first part of the thesis, Military Judicial system in both Turkey and Europeancountries was examined firstly by taking the historical perspective into account and laterunique structure and functioning of the Turkish military judicial system was put forward bydwelling upon the necessity of military jurisdiction. In addition, Turkish Military Jurisdictionwas studied in detail in the light of European Convention on Human Rights.In the second part, problematic areas in the military judicial system were detectedtaking the international obligations of Turkey as the basic criterion and recommendationswere put forward to make it compatible with the EU standards and values. Whenevaluating the functioning of the Turkish Military Judicial system, status and independenceof military judges, ECHR judgments, EU Commission?s reports of advisory visits,discussions in doctrine were included in the study.In conclusion, It was detected that Turkish Military Judicial System is far fromexcellence at present and arrived at the assessment that a judicial reform is also requiredin the field of military jurisdiction. Related recommendations on the required reform wereput forward in main headlines not overlooking the unique characteristics of MilitaryJurisdiction.