Sample Petition For Martyrdom Request
In our current laws, there is no clear definition of who is legally considered a martyr or a veteran and who is not. It is understood that those who are considered martyrs or veterans by our laws are generally those who are granted a duty disability pension by the Social Security Institution or by court decision when the Social Security Institution does not accept it.
In other words, when you see a news article saying that a martyr or a veteran is considered, it should be perceived as those to whom the provisions of duty disability are applied in accordance with Laws No. 5534-5510 and Laws No. 2330 or 3713. We should perceive what we hear as those who are not considered martyrs or not considered veterans as those to whom the provisions of duty disability are not applied, that is, those who do not receive a pension for themselves or their relatives.
SAMPLE PETITION FOR MARTYRDOM
……………. TO THE PRESIDENCY OF THE MILITARY HIGH ADMINISTRATIVE COURT;
THE PLAINTIFF
TC ID NUMBER :
CLASS and RANK :
DATE OF COMMENCEMENT OF DUTY :
DATE OF APPOINTMENT :
ADDRESS :
PROVISIONAL :
(Legal representatives of the parties, if any)
ADDRESS :
(legal representatives of the parties, if any)
DEFENDANT
ADDRESS :
SUBJECT : The martyrdom of our client’s father on …./…/… …….
His martyrdom due to the conflict in the region
It includes our request for determination.
EXPLANATIONS :
1- Our client’s father …../…./…. He started his duty in …… on the date of …… with the class …… and rank …… (ANNEX 1)
2- After working at …. for years, the deceased was temporarily assigned to the ….. region due to the intensive operations carried out by security forces against members of the terrorist organization in the …. region. (Annex 2)
3- After the date of this assignment, the deceased participated in numerous operations with his comrades in arms as a result of the assignment of his superiors, and in one of these operations, which was launched under the code name …., he was martyred in a clash with members of the terrorist organization. (ANNEX 3)
4- After this tragic incident, the body of the deceased was delivered to his family and buried in his hometown, no military ceremony was organized by the respondent administration and he was not benefited from the rights of martyrdom. Our application to the respondent administration also resulted in a negative outcome. (Annex 4)
5- Our client and his family are deeply saddened by the respondent administration’s decision not to recognize the deceased as a “martyr”. Our client’s father made countless contributions to both the army and his country over the years, and made countless sacrifices by disregarding his family and private life.
6- Due to the reasons mentioned above, it has become necessary to ask the Honorable Court to consider the deceased as a martyr due to the aforementioned incident.
LEGAL GROUNDS : Art. 2 of the Law No. 2933, Art. 2 of the Law No. 2549, Art. 5, 12 of the Regulation on State Medals and Orders
LEGAL EVIDENCE :
1- Personnel File
2- Assignment letter
3- Death examination report
4- The application dated …/…/…/… to the respondent administration.
CONCLUSION AND REQUEST : For the reasons we have tried to present and explain above, …. On behalf of our client, we request that it be decided not to decide to determine that our client’s father was martyred due to the conflict in the ……. region on …./…/…/… date ……. and to decide to impose the trial expenses and attorney fees on the defendant. …/…/…
ANNEXES :
1- Personnel File
2- Assignment letter
3- Death examination report
4- The application dated …/…/…/…made to the respondent administration.
5- One approved power of attorney sample.
Plaintiff Representative
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