Private Security Officers

The authorities of the private security officers

ARTICLE 7. - The powers of the private security personnel are:

a) Ensuring that the people wishing to enter to the site they are to guard and secure, pass through the metal detectors, and

searching them by manual metal detectors, and having their belongings pass through X-ray detectors or similar other security

systems;

b). In the case of mass activities such as meetings, concerts, sport contests, stage performances and similar other activities, and

in funerals and wedding ceremonies; asking for identification of the visitors or participants, ensuring that they pass through the

metal detectors, searching them by manual metal detectors, and having their belongings pass through X-ray detectors or similar

other security systems;

c). Capturing according to article 90 of the Penal Procedures Law;

d) Capturing and searching, in their assignment area, the people for whom a warrant of capture or a warrant of arrest is issued;

e) Entering the work places and residences in their assignment area in cases of natural catastrophes such as fire and earthquake,

or in cases where help is requested;

f) Asking for identification card, ensuring the people pass through metal detectors, searching these people by manual metal

detectors and having their belongings pass through X-ray detectors or similar other security systems at public transportation

buildings and facilities such as airports, ports, railway or other stations;

g) Retaining the objects and articles constituting a crime or which may be evidence of a crime found during the search, or articles

which, though not of criminal nature, can be hazardous, on the condition that police or gendarmerie is informed immediately;

h) Retaining the abandoned or found articles;

i) Capturing a person in order to protect him from a present and imminent danger threatening his body or health;

j) Protecting the place of incident and the evidences of crime, and for this purpose, capturing according to and in the meaning of

the Article 157 of Penal Courts Procedures Law; and

k) Using force in the meaning of the Article 981 of Turkish Civil Law, Article 52 of the Code of Obligations or Articles 24-25 of

Turkish penal Code.

The authority to possess and carry a weapon

ARTICLE 8. - The Committee shall determine the numbers and features of the fire arms that can be possessed depending on

the nature of the guarding and security services.

However, employment of gunned private security personnel is not allowed in education and training institutions, health centers,

businesses engaged in fortune games, and public places where alcoholic beverages are served. Private security personnel

can not be armed when on duty in activities such as private gatherings, sport contests, or stage performances or similar other

activities. Guns and equipment to be employed in guard and security services shall be provided by the related individual or

organization. Private security companies can not purchase and possess firearms. However, license for purchase, possess/use,

and carry guns can be granted to private security companies for the purposes of transportation of money and valuables, and

temporary guard and security services; and to institutions giving private security education and training for the purpose of use

in the trainings with guns, by a decision of the Committee and upon approval of the Governor.

Field of Duty

ARTICLE 9. - Private security personnel can enforce the powers listed in article 7 only for the duration and area of their

assignment. Private security personnel can not take their guns outside the area of their assignment. In cases where a route is

embedded in the definition of the assignment; such as when a person accused of a committed crime or a person strongly

suspected of committing a crime is followed, when preventive measures are taken against attacks from outside, during the

transportation of money and valuables, while guarding a person, and during funerals; such route is deemed as the area of

assignment. In compulsory conditions, the area of assignment can be extended by a decision of the Committee.

Incidents which necessitate use of force and capture are informed to the police by the fastest means; and the person captured

and the goods held are handed over to the police.

The conditions to be sought at the private security officers

ARTICLE 10. - Private security personnel should possess the following qualifications:

a) To be a Turkish citizen

b) To be a graduate of high school or an equivalent school

c) To be over the age 18

d) Save for the negligent offences, not to be sentenced to heavy imprisonment or imprisonment for a period longer than six

months, or, even though he benefited from a pardon, not being convicted of crimes against the personality of state, or crimes of

embezzlement, subornation, bribery, theft, swindling, breach of confidence, falsification, fraudulent bankruptcy, smuggling other

than for own use and consumption, intriguing official public tenders and purchases, disclosing State secrets, making insinuating

remarks to women, molestation, sexual molestation, rape, kidnapping and detaining small girls, women or children, inciting to

prostitution, acting as an intermediary in prostitution, using drugs, or drug smuggling

e) Not to be barred from public rights

f) Not to have a handicap bodily or mentally preventing the performance of the assignment

g) To complete successfully the private security basic training specified in article 14.

Work permit

ARTICLE 11. - A security investigation is carried out by the Governorship for the people to be employed as private security

personnel, and as manager in private security companies and in institutions giving private security training. Those who get a report

of positive result from this investigation are given a work license (permit) by the governorship valid for a period of five years

on condition that they complete the private security basic training pointed out in article 14 of this Law. The security investigation for

the private security personnel who will not carry a gun is sufficient to cover only the registrations and archives. Security investigation and exploration of archive are completed within one month.

The private security personnel that have started their duty are informed by the employer to the governorship within fifteen days.

To renew the work permit, the security investigation result should be affirmative and the private security renewal training indicated

in article 14 of this Law should have been completed successfully.

The work license is cancelled in case of disqualification for any of the conditions set for employment as a private security personnel.

As for those who are retired from the police forces and those who resigned from the police forces by their own will after at least five years of active service, the private security basic training is not required for a period of five years after retirement or resignation.

Identification

ARTICLE 12. - Private security personnel are given an identification card by the governorship. The identification card states

the name and surname of the security personnel holding the card, and whether he is licensed to carry a gun or not.

The identification card is attached to the bearer's collar throughout the duration of his assignment such that everybody within the

area of assignment can see it. The security personnel not holding the identification card on them can not use the powers vested to

them as listed in article 7 of this Law. The private security personnel that have left their duty for whatsoever reason are informed

by the employer to the governorship within fifteen days.

Clothing

ARTICLE 13. - Private security personnel wear uniforms in the area and within the term of their assignment. The Committee

may grant permission for working in civil dresses when considered necessary depending on the peculiarity of the assignment

and business.

Training

ARTICLE 14. - The private security basic training is arranged as to be comprised of theoretical and practical training and

gun training (as to be one hundred and twenty course hours) and the renewal training is arranged as to be not less than sixty

course hours. The graduates of the existing security departments or higher vocational schools of the universities, or of those

security departments or higher vocational schools that may be launched within the universities in the future shall be exempt from

the requirement of the private security basic training (not from the gun training) for a period of five years after graduation.

The private security training can be given by the Ministry of Internal Affairs against payment, or can be given by private training

institutions with the permission of the Ministry. The founders and managers of the institutions to give private security training are

required to bear the conditions expressed in the third paragraph of article 5.

The nature, curriculum of the private security training, the conditions to be sought at the trainers and training centers and the

procedures and principles related to the determination of qualification as a result of training are regulated with a regulation.

Compensation

ARTICLE 15. - Compensation within the frame of the amounts and principles set forth in the employment contract or in the

collective labor contract is paid to the private security personnel who are wounded or disabled, or to the statutory heirs of such

personnel who die during the execution of the duties and assignments listed under the law. However, in case a judgment for the

payment of a higher compensation is given by a court in accordance with the general provisions of the Law, the amounts paid

under the employment contract or the collective labor agreement are deducted from this amount.

The compensation to be paid under the provisions of the first paragraph is not associated with and does not preclude payment

of other compensations to be paid under the Labor Law no. 4857.

The highest of the compensation stated in the employment contract, or the compensation stated in the collective labor contract,

or the compensation calculated according to the provisions of the Law 2330 on Cash Compensation and Salary Payments will be

paid to the private security personnel who are wounded or disabled, or to the statutory heirs of the private security personnel

who die during the execution of the assignments listed in the law in public institutions and organizations.