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"New Authority for Neighborhood and District Watchmen"

08.11.2024 09:31

The bill containing regulations in the field of internal security has been approved by the Interior Affairs Commission of the Grand National Assembly of Turkey (TBMM). Accordingly, if a neighborhood watchman has sufficient suspicion that a person or vehicle they have stopped contains a weapon, they will be able to check the person externally by patting them down in order to prevent harm, and they will also be able to inspect the visible parts of vehicles from the outside.

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The bill accepted by the Interior Affairs Commission of the Grand National Assembly of Turkey includes regulations in the field of internal security, amending the Law on Civil Servants and Certain Laws, as well as the Decree Law No. 375.



With the bill, amendments are made to the Law on the Acceptance of the Decree Law on General Law Enforcement Disciplinary Provisions in accordance with the Constitutional Court's decision. Accordingly, making negative comments or writing about the actions or procedures of superiors in a way that disrupts the hierarchical order of the institution during or outside of duty will be considered acts subject to disciplinary punishment.



RE-EVALUATION TO BE CONDUCTED WITHIN 6 MONTHS



According to the amendment made in line with the Constitutional Court's decision, if a disciplinary penalty is annulled by the court on the grounds that the act was incorrectly classified or there was a correctable deficiency, the competent disciplinary board or disciplinary supervisor at the date the decision becomes final will re-evaluate the authority and responsibility to impose penalties within 6 months from the notification of the decision.



The bill also regulates the Law on Neighborhood Watchmen in accordance with the Constitutional Court's decision. Accordingly, personnel with the rank of police officer and above will be considered superiors of the neighborhood watchmen employed within the General Directorate of Security, and other personnel authorized as superiors will also be considered as superiors of the neighborhood watchmen.



Officers, non-commissioned officers, and specialized gendarmerie sergeants will be considered superiors of the neighborhood watchmen employed within the Gendarmerie General Command. The amendment made in line with the Constitutional Court's decision specifies the qualifications required for those to be employed as neighborhood watchmen.



The bill defines the scope of actions of neighborhood watchmen within their preventive and protective duties and authorities in accordance with the Constitutional Court's decision. Accordingly, neighborhood watchmen will take measures to ensure the safety of residences, workplaces, or vehicles within their duty areas, prevent offenses they detect in the area they are assigned during their duty hours, and report them to the general law enforcement.



THEY WILL BE ABLE TO WORK UP TO 56 HOURS A WEEK



If a neighborhood watchman has sufficient suspicion that a person or vehicle they stop contains a weapon or an item that could endanger their own or someone else's life, they may conduct an external control by patting down the person to prevent harm to themselves or others. In vehicles, they may check the parts of the vehicle that are visible from the outside. For this purpose, the removal of the person's clothing or the opening of parts of the vehicle that are not visible from the outside cannot be requested.



The weekly working hours of neighborhood watchmen will be 40 hours. In cases of personnel shortages, duty intensity, and similar situations where the safety and security require it, the weekly working hours may be increased to a maximum of 56 hours with the approval of the governor. When the specified situations cease, the excess working hours will be added to the rest period. Neighborhood watchmen may be required to work outside the specified time frame with the approval of the Minister in cases of "state of emergency, terrorism, social events, natural disasters, epidemics, seasonal conditions, and similar situations" that affect security or public order.



With the amendment made to the Decree Law No. 375, the hierarchical position of the Director of Disaster and Emergency Management, which is above the "General Director" position, and the Deputy Director of Disaster and Emergency Management is determined in accordance with its hierarchical position.



96 THOUSAND LIRA FINE FOR UNAUTHORIZED USE OF FLASHING LIGHTS



Accordingly, penalties for drivers using unauthorized flashing lights and sirens are increased. Those who violate the provisions regarding the use of light and/or sound warning devices will be fined 96 thousand lira, their driver's licenses will be revoked for 30 days, and their vehicles will be banned from traffic for the same period.



If the provisions are violated 2 or more times within one year prior to the last violation, drivers will be fined 192 thousand lira each time, their driver's licenses will be revoked for 60 days, and their vehicles will be banned from traffic for 60 days. If the driver is not the vehicle owner, a fine notice will also be issued for the same amount for the registration plate. These devices will be confiscated by the administrative authority, and a decision will be made to transfer their ownership to the public.



The process of revoking driver's licenses will be carried out by the officials specified in the law. Driver's licenses revoked for 60 days will be returned if it is determined that there is no obstacle to obtaining a driver's license after a psycho-technical evaluation and examination by a psychiatrist. Driver's licenses revoked under this article will be returned on the condition that all administrative traffic fines imposed under the regulation have been collected.



The information in the vehicle registration and licensing system maintained by the Union of Turkish Notaries will be shared in real-time not only with the General Directorate of Security but also with the Gendarmerie General Command. This aims to enable tracking of vehicles used in crimes such as "terrorism, smuggling, and human trafficking" committed within the responsibility area of the Gendarmerie General Command, prevent crime, capture suspects, maintain public order, and prevent illegal immigration.



NEW ARTICLES ADDED



In the commission, two articles were added to the bill. Accordingly, personnel of the General Directorate of Security who perform their assigned duties with courage, sacrifice, heroism, or outstanding success may be awarded the "Medal of Superior Courage and Sacrifice," "Medal of Honor," or "Medal of Superior Service" by the Minister of Interior.



Those who resign during their compulsory service period or whose employment is terminated for any reason other than health will be required to pay twice the costs of education, training, and preparation incurred after being appointed as students, officers, and/or non-commissioned officers as determined by the Coast Guard Command; those dismissed from the profession or public service will pay four times the determined costs, proportionate to the remaining period of their obligation, along with legal interest as compensation.



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