1. Under Article 5 of the Turkish Constitution it is the fundamental aim and duty of the State “to safeguard the independence and integrity of the Turkish Nation, the indivisibility of the country, the Republic and democracy, and to ensure the welfare, peace and the happiness of the individuals and society.”
  2. With respect to carry out duties charged upon the State by the said provision, Article 117 of the Constitution regulates the matter of ensuring the national security. This Regulation provides that the “Council of Ministers shall be responsible to the Grand National Assembly of Turkey for ensuring the national security and preparing the Armed Forces for national defense” and that the Chief of General Staff “is the commander of the Armed Forces and exercises its Commander-in-Chief duties in the name of President of the Republic in wartime” and his “duties and powers” shall be regulated by law.
  3. In line with this provision, the Law No 1324 on the Duties and Powers of Chief of General Staff provides that the Chief of General Staff,
    1. “is the commander of the armed forces”, (Art. 1)
    2. “the tasks of the Ministry of National Defence being reserved; shall determine principles and priorities as well as main programs related to personnel, intelligence, operation, organization, training and education, and logistic services in preparation of the armed forces for war”, (Art. 2)
    3. “shall be responsible to the Prime Minister in the exercise of his duties and powers.” (Art. 7)
  4. In this context, the fundamental mission of Turkish Armed Forces is defined as follows;
    1. “The mission of the Armed Forces is to defend Turkish territory against the foreign-borne threats and dangers; to ensure that the military strength is maintained and fortified to create deterrence; to carry out the missions abroad assigned by the decision of Grand National Assembly of Turkey, and to assist in ensuring international peace” under Section 35 of Turkish Armed Forces Internal Service Code No 211.
    2. “The Armed forces shall be assigned to the duty of learning and teaching art of war. Facilities and formations necessary to carry out this mission shall be established and necessary precautions shall be taken” under Section 36 of Turkish Armed Forces Internal Service Law Code No 211.
  5. In addition to these missions, the Turkish Armed Forces;
    1. Supports law enforcement bodies in preventing acts disturbing public order in the event that the governors, in accordance with Article 11/D of the Provincial Administration Act No. 5442, “request assistance through the fastest means possible from the Ministry of Internal Affairs and, when necessary, the nearest land, naval and air forces unit commands, including the border units of the General Command of Gendarmerie or the Land Forces Command in order to utilize the law enforcement bodies of other provinces and other forces assigned for this purpose on the grounds that they are unable to preclude or assess that it is not likely to preclude possible incidents or to suppress incidents using the forces at their own disposal, or if they are unable to apply the preventive measures or assess that it is not likely to apply the measures, they have taken, with these forces,”
    2. Conducts the duties assigned in accordance with the Article 11/J of the Provincial Administration Act No.5442 that reads “when required for counterterrorism in situations that exceed the usual capability of the law enforcement agencies and in the event that terrorist acts disrupt the public order seriously; upon the proposal by the Ministry of Interior and the approval by the Council of Ministers.”, exercising the authority entitled within the scope of Turkish Armed Forces Internal Service Code No 211 and the authority entitled to the law enforcement forces for ensuring the general security,
    3. Furthermore, supports the law enforcement bodies in ensuring public order and security, in accordance with Article 1 of the National Police Law No.3201, providing that the Minister of Internal Affairs “responsible for public order and security of the country shall execute these duties through Turkish National Police and the General Command of Gendarmerie or, when necessary, through the whole municipal police,” and “if necessary utilize the military force by the resolution of the Council of Ministers,”
    4. After declaring a state of emergency due to the fact that “there occurs critical evidence indicating widespread violent movements aiming to remove the free democratic order established by the constitution and fundamental rights and freedoms and that the public order is seriously disrupted because of social violence” and, in the event that the governors “call upon the military units to provide support” in accordance with Articles 21 and 22 of the State of Emergency Law No. 2935, these military units shall support the law enforcement bodies in preventing the incidents by “using the powers granted under the Turkish Armed Forces Internal Service Code and the powers that the law enforcement bodies are entitled to ensure general security,”
    5. Supports disaster relief efforts for earthquake, fire, flood, landslide, rock fall, avalanche, etc. in accordance with Article 112 of the Internal Service Code No.211 and Article 7 of the Act No. 7269 on Relief Efforts by Measures Taken due to Disasters Affecting Common Life,
    6. Protects and provides security of the land borders in accordance with Article 2 of the Act No. 3497 on Protection and Security of the Land Borders.