Communiqué no. 2005 / 42 from the Security General Directorate |
Communiqué Regarding the Principles to be Observed Regarding the Law No. 5188
and Its Application Regulation
T.R
MINISTRY OF INTERNAL AFFAIRS
Security General Directorate
| Ref :B.05.1.EGM.0.11.08.01/3404-5218-74415 |
19/04/2005 |
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| Subject :The Principles to be Observed Regarding the Law No. 5188 and its Application Regulation |
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Communiqué
2005/42
As is known, the Law no. 2495 Concerning the Protection and Security Provision of Certain Institutions and Establishments has been repealed with article 27 of the Law no. 5188 on Private Security Services. The regulation related to the application of the Law No. 5188 has been enacted by being published at the 07.10.2004 dated and 25606 numbered Official Gazette.
Within the time period that has passed since the enactment of the mentioned Law and Regulation some problems and hesitations encountered in the application has been forwarded to our ministry by the governorships, institutions, establishment, private security companies and the private security training institutions.
It was seen the need to regulate the following issue to eliminate the mentioned hesitations and to ensure unity in application.
1- PRIVATE SECURITY PERMIT
The applications to obtain private security permit will be made to the related governorship. The decisions taken by the Committee are enacted with the approval of the governor and entered to the Private security Committee Decision Book.
Residential sites and apartments cannot commission security officers without obtaining private security permit. Private security permit will be obtained by applying to the governorship after the residential site / apartment general assembly or management board’s decision. For residences, private security permit can be obtained by the application of the residence owner. The quantity of the security officers and weapons shall be determined by the Committee. The public workplaces with alcoholic beverages can apply for private security permit provided that they employ unarmed private security officer as per article 8 of the Law.
As indicated at the 8th article of the Regulation, after the request to be made for private security permit, the provincial private security committee shall decide on the maximum number of personnel to conduct private security service, the maximum quantity of weapons to be possessed or carried if necessary, by considering properties such as the geographical location of the place to be secured, size in terms of m2, its economic and strategic importance, distance to the city center and the nearest police forces unit, etc.
However, the provincial private security committee shall also consider the request of the persons and institutions. Especially for the institutions that display activity in several provinces, to ensure that the security standards of the institution is met for the branches and to prevent differing applications for each province, the provincial private security committee shall consider, as much as possible, the requests at the application regarding the quantity of the private security personnel.
With the 3rd article of the Law, it is granted the right to the institutions and establishments to terminate private security application. Unless there is a provision to the contrary at special laws, the discretionary right regarding the termination of the application belongs to the related institution and the committees and governorships do not possess the authority to insist for the continuance of the private security application.
As per the temporary article 1 of the Law no. 5188 and the temporary article 1 of the Regulation, in case the institutions and establishments that have established a private security organization under its structure in the scope of the Law no. 2495 apply, the private security permit certificate indicated at Annex-1 of the Regulation shall be granted without the need to take a Committee decision.
The institutions and establishments that are being protected with private security measures by formerly being taken in the scope of the Law no. 2495 are also deemed to have obtained private security permit with the temporary 1st article of the Law no. 5188. These institutions can request for additional personnel and weapon staff or them can request for the termination of the private security application.
2- DOCUMENTS TO BE REQUESTED FOR PRIVATE SECURITY PERMIT
a- The documents to be requested from the public institutions and establishments for private security permit:
1. Letter of request, (as per article 8 of the Regulation)
2. The opinion letter of the bound Ministry / General Directorate, for universities the opinion letter from High School Committee (YÖK); if the institution is a public economic enterprise, then the opinion letter from the Treasury Undersecretariat,
b- The documents to be requested from the private institutions and private banks for private security permit:
1. Letter of request, (as per article 8 of the Regulation)
2. The management board decision of the private institution or the decision taken by the partners for private security application,
3. A sample published Trade Registry Gazette, if the Trade Registry Gazette not published then the Trade Registry Certification to be obtained from the Trade Registry Office, the Trade Registry Gazette of the branches opened for the private banks,
4. Authorized signatories of the persons with signature authority.
c- The documents to be requested for the termination of the private security application:
1. Letter of request,
2. Ministry / General Directorate opinion letter at the public institutions and establishments,
3. The management board decision or the decision taken by the partners for private institutions.
d - The documents to be requested in case of decrease, increase or re-determination of personnel and weapon staff:
1. Letter of request, (as per article 8 of the Regulation)
2. Ministry / General Directorate / Rectorship opinion letter for weapon and personnel increase at the public institutions and establishments,
e- The documents to be requested in case of title modification:
1. Letter of request,
2. The management board decision of the private institution regarding title modification and a sample published Trade Registry Gazette, if the Trade Registry Gazette not published then the Trade Registry Certification to be obtained from the Trade Registry Office
At the applications to be made to the provincial private security committees to obtain private security permit and follow up other transactions related to private security, if the application is made by persons with a notary approved power of attorney that authorizes the persons to sign and follow up documents on behalf of the applicant person, institution, agency, private security companies and private security training institutions, no other certificate showing authorization will be requested.
3- ASSIGNING PRIVATE SECURITY PERSONNEL
The inter- and intra-institution assignments of the private security officers shall be done by the employer institution and this situation will be informed to the related governorships. Since the identification card is valid for five years, the personnel can use the same ID card until the end of the validity period written on the card..
If the private security personnel loses one of the conditions indicated at article 18 “Health Conditions” of the Regulation or is assigned to another duty due to health conditions, the private security officer ID card will be cancelled and this person will be removed from the private security staff.
In relation to the “health conditions” indicated at article 10 of the Law and article 18 of the Regulation, there is no obligation to obtain the health report from public hospitals for the health report to be requested from the private security officers to perform unarmed duty. The “can become a private security officer” report signed by the relevant professional doctors at the private or official hospital or polyclinics with the psychiatry, neurology, eye, ear nose throat and orthopedics departments indicated at the Regulation will be sufficient.
4- TEMPORARY COMMISSIONING
The inter- and intra-provincial temporary commissioning of private security officers will be possible to be performed by the employer institutions and establishments to the places in the scope of the Law no. 5188. To ensure that the private security service can be conducted without interruption, since temporary commissioning and transfers will especially be required among the branches of the banks and stores, it will be sufficient to inform these assignments to the governorship if within the same province, or to both governorships if among different provinces. Since the weapons permitted by the Committee to be possessed and used will be registered to the inventory log book of the institutions and establishments, it will not be possible to commission or assign the personnel in an armed state. The private security officer that has been commissioned or assigned at another place shall perform his/her duty with the weapons present at the inventory stock of the new post.
In case they require, the private security companies can purchase service from another private security company or can rent their personnel. This situation will be evaluated under the scope of temporary commissioning and can be performed provided that the governorship is made informed of this situation.
At the applications to be made by the institutions, establishments and banks having a private security unit under its structure for setting up, increase or decrease of private security officer staff, the provincial private security committees shall permit for them to keep a pool of personnel from which they can make temporary commissioning necessary for the cases of leave, rest and extraordinary events.
5- CLOTHING
The clothing of the private security officers f the institutions that have agencies, facilities or branches in multiple provinces shall be determined by the Ministry / General Directorate and finalized with the decision of the provincial private security committee of the province where the Ministry / General Directorate (public and private) is present and this clothing shall be valid for the units of this institution in other provinces as well. Therefore a separate committee decision shall not be taken for the determination of the clothing in other provinces.
The private security companies shall determine the clothing to use for their personnel, apply to our ministry with photographs taken from 4 sides and provided that our Ministry finds it suitable, these clothings shall be used.
6- HIERARCHICAL STRUCTURE
At the institutions and establishment in the scope of the Law no. 5188, sufficient “Guarding and Security Chief”, “Guarding and Security Superior” and “Guarding and Security Manager” staff can be formed depending on the work volume and personnel quantity of the private security units for the management of the private security service and the surveillance of the private security officers. These managers shall take the necessary measures to ensure that the guard and security services are executed without delay and shall inform the institution’s authorized person regarding the detected deficiencies.
The Guard and security manager, guard security Superior and Guard Security Chief shall be bound to the department to be determined by the institution’s authorized person
7- THE DISCIPLINARY PENALTIES TO BE GIVEN TO THE PRIVATE SECURITY OFFICERS
Other than the administrative crimes indicated at clause (c) of article 20 of the Law no. 5188, action shall be taken as per the legislation of the employer institution and the Labor Law in cases of disciplinary crimes to be committed by the private security officers.
8- IDENTIFICATION CERTIFICATES AND WEAPON POSSESSION / CARRYING CERTIFICATES
The ID card given to the private security officers by the governorships is hung to the collar in a manner that can be seen by everyone within the assignment place and duration. The private security officers whose ID card is not hung to his/her collar cannot use the powers vested in the private security officers .Since with the temporary 1st article of the Law no. 5188, private security permit is deemed to have been granted for 5 years to the private security organization personnel that has started duty as subject to the Law no. 2495, their ID cards shall be renewed without seeking for training certificate and license fee. The weapon carrying certificates given to these personnel as per the Law no. 2495 will be cancelled and Private security Weapon Carrying / Possession Certificate shall be issued to the name of their institutions as per the Law no. 5188. In case the private security officer ID card is lost, since the work permit is valid for 5 years, the validity period at the former ID card shall be entered to the new ID card to be issued.
As indicated at the 21.12.2004 dated and 4108 referenced opinion letter of the Legal Consultancy of the Ministry of Internal Affairs, since there is a continuous cash flow and to prevent the possible future events by performing the duty as armed would seem to be beneficial, the private security officers at the National Lottery Administration and the bound units and the Hippodromes will be able to perform their duties in an armed status.
As per article 8 of the Law no. 5188, the private security officers at the Universities and bound faculties, also at the bound dormitories (since they are in the nature of continuation of the educational institutions) need to work as unarmed, just as at the training and educational institutions.
According to article 28 of the Regulation, Private security Weapon Carrying / Possession Certificate indicated at Annex-9 shall be issued for each firearm. The private security officer to be on duty with this weapon must carry this certificate in addition to his/her ID card and duty certificate. As per the provision of the Regulation, the private security officer to be on duty in an armed status must carry his/her ID card and the Private security Weapon Carrying / Possession Certificate. The “duty certificate” mentioned at the article provision does not take place at the annex of the Regulation however, this is the letter to be given to the personnel commissioned for short and long term person guarding duty or money and valuable commodity transfer duty by the Private Security Branch Directorate / Office Chief Administration of the Provincial Security Directorate and which clearly show the ID information of the officer, the place of assignment, date and route.
9- TRAINING
a- At the Private Security Training Certificate to be given to the successful persons at the written and applied exams that have been done at 27.01.2005 and will be continued to be done, indicated at Annex-12 of the Regulation and that will be prepared by the training institutions, the “Certificate No” cell will be filled as follows: first the province’s license plate code, them the certificate number at the activity permit certificate of the private security training institution and finally a certificate line number to be given by the training institution shall be written. Until a tracking program is sent to our provinces in the computer environment for this aim, the records related with the mentioned certificates shall be kept in line with the fundamentals to be determined by the provincial security directorates.
At the Private Security Training Certificate, the TR ID number of the person shall be written in parentheses after the name surname of the certificate holder. A photograph of the certificate holder taken in the last six months shall be affixed to the right top corner of the certificate, it shall be delivered to the Private Security Branch Directorates / Office Chief Administrations with a photocopy, the certificate and the photograph shall be approved by the Security department. The left bottom side of the certificate shall bear the name surname and signature of the training institution manager and the certificate should be issued with double signature. At the certificate type cell, it will be indicated whether the certificate holder has obtained basic or renewal training, with the armed or unarmed training status being indicated inside parentheses.
b- In case the course attendants of armed training succeed in the written exam but fail at the applied exam, they can obtain an unarmed training certificate with a written application they need to make to the training institution if they desire to do so. This issue shall be informed to the Provincial Security Directorate with the certificate issued by the training institution and the petition of the certificate holder. For the ones only failing at the applied exam to participate only to the applied exam the second time, this issue should be stated at the list to be submitted by the training institution to our Ministry and Provincial Security Directorates.
In case the course attendants taking unarmed training, succeed in the applied exam after taking armed training later, their certificates are transformed into armed training certificate. Their new identification card is issued without taking a new license fee. However, for the validity period of their five-year work permit, the date of the first certificate shall be taken as basis..
c- The work permit to be given shall be five days as of the issue date of the Private security Training Certificate. This shall be stated at the “validity period” section of the identification card to be issued by taking basis the issue date of the training certificate.
d- Private security training institutions shall inform the Public Order Department Presidency of the Security General Directorate and the Private Security Branch Directorate / Office Chief Administration of the Provincial Security Directorate as to how many people have started training in the form of a name list. At the end of the training, the number of persons with which the training has been concluded, how many course attendants took armed and unarmed training, name, surname, father’s name, overall attendance status and T.R. ID number of each course attendant shall be informed to the Public Order Department Presidency and the Private Security Branch Directorate / Office Chief Administration. The notification lists shall be approved with the signature of the training institution’s manager.
e- The private security training institutions shall inform the Public Order Department Presidency of the Security General Directorate and the Private Security Branch Directorate / Office Chief Administration of the Provincial Security Directorate regarding a copy of the ID card of each expert instructions, their residence certificate, diploma photocopy, the certificate showing that they are qualified to give the related course (if any) and which course they are giving. The expert instructor cannot start to work before this notification is made. The changes to be made at the instructor list shall be notified together with the above-requested documents. The notification lists shall be approved with the signature of the training institution’s manager. From the civil servants subject to the Civil Servants Law no. 657 that are giving course as expert instructor, the permit certificate they have taken from the Governorship or Ministry regarding giving a course shall also be submitted.
f- In case the training institutions keep course attendants in their class above the capacity indicated or give training at a place outside the training location, this situation is determined with a written minutes. The daily attendance charts of the course attendants shall be kept by taking the signature of the expert instructor and course attendant for each course hour and these charts shall be kept at the training institution. These charts shall be given to the Provincial Security Directorates at their request.
The training outside the provisions of the regulation or some of the training of the private security officials that are being employed at the private security units established formerly according to the Law no. 2495 can be given at the institutions they perform their duty, as with the permission of the governor, provided that there is sufficient amount of private security personnel, class and training tools.
In case armed training is given, the weapons used at the mentioned training shall be obtained by the training institution as indicated at the Regulation and recorded to inventory stock. The weapons outside this, belonging to third parties, cannot be used at weapon knowledge training and shooting. If a situation to the contrary is detected, a written report shall be issued for this event.
The training institutions can give double training to different groups and weekend training provided that the daily classes do not exceed eight hours. The related course timetable shall be notified to the Public Order Department Presidency and the Private Security Branch Directorate / Office Chief Administration of the Provincial Security Directorate.
In the application of armed training, shooting is made to a silhouette from 15 meters with minimum 25 cartridges. For the course attendant to be deemed successful he/she must be able to hit the silhouette with 15 cartridges out of the 25. In case the course attendant is found in adequate, shootings are continued with additional bullet ration. The cartridge ration permit shall be given to the training institution’s manager, at the rate of the course attendant number to take armed training as informed before the commencement of the training and in line with the request letter of the training institution.
Before starting the shooting training the document showing at which polygon the training will take place and after the training is completed the document showing that the shooting training has been completed and the shooting hit ratio of each course attendant, obtained from the polygon and signed by the expert instructor commissioned at the shooting class shall be notified to the Public Order Department Presidency and the Private Security Branch Directorate / Office Chief Administration of the Provincial Security Directorate.
g- Before starting the training, the private security training institutions shall request a diploma copy or graduation certificate equivalent to diploma, Turkish ID card copy or notarized sample and official residence certificate from the course attendants.
10- SECURITY INVESTIGATION AND ARCHIVE RESEARCH
In regards to how the security investigation and archive research shall be done, out Ministry has published the 01.02.2005 dated and B.05.1.EGM.0.12.06.01/91-473-9-12 numbered communiqué; and as per the provisions of the communiqué, the security investigation and archive research shall only be conducted by the provincial security directorate on behalf of the province governorship where the person resides. In case the residence place of the person coincides with the gendarmerie responsibility zone, the provincial security directorate shall first conduct the archive research and then, the security investigation shall be conducted with correspondence with the gendarmerie units for on-site investigation.
The security investigation and archive research of the private security officials can be made done by giving a power of attorney from a notary to follow the transactions by the private security companies and private security training institutions by providing the requested documents, or it can be made done with the personal application of the private security officials to the governorship (security Directorate) of the province they reside, together with the certificate that have obtained from the training institution.
As a result of the security investigation to be made for the potential private security officers, if any one of them has a continuing inquiry at the judgment stage for any of the crimes mentioned at article 10 (d) of the Law, they will not be granted work permit until the judgment verdict is concluded. For the ones who have a possible objectionable status in terms of the sensation and opinions obtained from intelligence, although this cannot be proven with concrete evidence as a result of the security investigation made, the fact as to whether then can be come a private security officer or not shall be discussed and decided by the Provincial Private security Committee.
The ones to become an armed private security officers shall be subject to the conditions sought at law no. 6136 as per the 2nd paragraph of the 24th article of the Regulation; therefore the ones that have an objectionable status for weapon possession and carrying as per the Law no. 6136 and 91/1779 decision numbered Regulation regarding the application of that Law, are not granted the permit to become armed private security officer.
11- WORK PERMIT
Since the private security officers that had been working as a private security officer as subject to Law no. 2495 ob the date 26.06.2004 when the law no. 5188 was enacted and that have left/discharged from duty after this date, are deemed to have obtained working permit for five years, in case they again want to become a private security officer, as they have been granted a work permit until 26,06.2009, the security officer identification card is issued and work permit is granted without seeking the conditions at the 10th article of the law no. 5188 and without taking license fee. When the managers at private security companies and training institutions leave their duty, the activities of the company / institution is halted temporarily until a new manager is commissioned. If a new manager does not start his/her duty within two months, the activity permit of these companies and training institutions are cancelled by the Ministry.
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, in case they apply to become private security officer or manager at any date before the five-year period expires, they will be granted five years of work permit as to be valid as of the date they have applied. For the private security renewal training of these persons, the five-year period as of the date they received work permit or they became a manager shall be taken as basis. The ones that exceed five years after retirement or willful resign from the police forces must receive private security basic training.
At the Military College graduate officers to become a manager at the private security companies and a founder or manager at private security training institutions, being a graduate of a 4-year college is not sought. However, among the ones that have applied to become a manager, the ones other than that have 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, must obtain a private security basic training certificate.
12- THE CONDITIONS TO BE SOUGHT AT THE ARMED PRIVATE SECURITY OFFICERS
The authority given to the private security officers indicated at (k) clause of article 7 of the Law no. 5188 also cover using weapons as the last phase of using force.
Although there is no age limitation for the private security officers to work as armed, since the ones below the age of 21 cannot be given permission to carry a gun in line with the provision of the 1st paragraph of the 4th article of the Regulation with decision no. 91/1779 Regarding the Application of the Law No. 6136, the private security officers to work as armed has to be above the age of 21 and they will be requested to submit a health report containing the expression “can become an armed private security officer” to be obtained from public health institutions in line with the Law no. 6136 and the relevant legislation:
13- GUARDING AND SECURITY PLANS
The Guarding (Protection) and Security Plans to be prepared as per article 12 of the Regulation of the Application of the Law no. 5188 aimed at the protection and security of the institutions shall be prepared as to cover the issues below and shall be submitted to the Governorship.
a) Layout plans of the facility or areas
b) The precautions to be taken against fires and the manner of action to be applied after fires
c) The precautions to be taken against and the manner of action to be applied in case of natural gas leak and fire
d) The precautions to be taken against and the manner of action to be applied in case of electricity leak and fire
e) The precautions to be taken against and the manner of action to be applied in case of theft acts
f) The precautions to be taken against and the manner of action to be applied in case of earthquake and natural disasters
g) The precautions to be taken against the saboteurs, the precautions to be taken at the escape routes of the activists after the sabotage and the information to be provided to the related authorities
h) the manner of action to be applied in case of mass movements
ı) The precautions to be taken against events that can occur at the air and sea ports and the manner of action to be applied after the event
j) The map section of the street, avenue and other road connections of the institution, establishment, facilities and areas
k) The procedures to contact with the related institution, establishment and police forces
Other than the matters indicated above, issues can be added depending on the importance of the produced goods and service by the place to be protected, the geographical conditions of the region, the distance of the security forces and its strategic significance.
A copy of the plans to be prepared shall be submitted to the Provincial Security Directorate, a copy shall be kept at the location, facility, etc. for which the plan was prepared and another copy shall be kept at the company or unit headquarters. Necessary care and diligence shall be paid to ensure that the plans are simple and understandable and that the plans do not fall into the hands of unrelated third parties. The private security officers to provide service in this area shall be informed on the guarding and security plans that have been prepared.
The Governorship may request for changes to be made at the guarding and security plan or the elimination of the detected inadequacies within thirty days. For the institutions and establishments with multiple branches, the guarding and security plans that can be prepared at the branches or by the headquarters shall be submitted to the province governorships where the branches are located. However, depending on the property of the location and workplace, if there are additional measures that need to be taken, these will be requested to be included to the plan.
14- BRANCHES OF THE PRIVATE SECURITY COMPANIES AND TRAINING INSTITUTIONS
The private security companies that have obtained activity permit certificate from our Ministry must notify the Ministry and the related governorship within one month regarding the branches they will open as per the 5th article of the Law. However, it is not permitted at the Law and the Regulation for the training institutions to open a branch. Therefore, it is not possible to open a branch in the same or at a different province with the activity permit granted to the private security training institutions. Therefore, it is necessary to obtain a separate activity permit for every new training institution to be opened.
On the other hand, some private security companies inform us that they have opened a branch at stores, offices, etc. that have other commercial activities. According to the 5th article of the Law, the area of activity of the private security companies must be exclusively protection/guarding and security service. Since this obligation is valid for the branches as well, it is not possible to open a branch at other commercial enterprises, inside stores and shops. The offices of the private security companies must be arranged separately, there should be a person in charge, and the number of personnel, telephone, fax, etc. communication equipment should be communicated to our Ministry and the related Governorship within the legal period.
Necessary warning shall be sent to the private security companies failing to abide by this obligation and should the deficiency not be eliminated within the granted period, the punitive provisions stipulated by the law shall be applied.
15- THE PERIOD TO BE GRANTED TO ELIMINATE THE DEFICIENCIES
The seven day period mentioned at article 45 of the Regulation related to the time to be granted for the elimination of the deficiencies that have been determined directly or as a result of the audit of the private security applications is a minimum period. Depending on the nature of the deficiency, it should be paid due care that the period to be granted to the related institution is sufficient to eliminate the mentioned deficiency. However, the provisions at the 3rd paragraph of article 22 of the Law are reserved. In this regard, by auditing the training institutions in an announced and un-announced manner, the activity of the training institutions who provide training at a place outside the address indicated at the activity permit certificate, employing expert instructor without giving notification, notifying as if the training has been completed without giving training to the persons, that provide training outside the training curriculum shall be evaluated in the scope of “showing activity outside its purpose” indicated at article 22 of the Law, and their activity permit certificates shall be annulled.
16- PRIVATE SECURITY COMMITTEE – PROVINCIAL PROTECTION COMMITTEE DUTY DISCRIMINATION
The Provincial Protection Committees are authorized to take decision regarding the guarding with the hand of the government the public officials that work in struggle against terrorism and anarchy as per article 20 “protection measures” of the Law no. 3713 on Struggle against Terrorism, other public officials that can become the target of terrorism and anarchy, the ones that have retired form this position and certain persons that have become the open target of terrorist groups.
On the other hand, the Private Security Committees are authorized to take decisions regarding the temporary or permanent protection, completely based on the own requests of the persons, in a manner complementary to the public safety generally provided by the state, outside the scope of struggle against terrorism.
Therefore, the duty and authorities of the two committees are different; the decisions regarding the protection of the persons who are working or retired public officials and/or that have become an open target of terrorist groups to be protected by the government in the scope of the Law no. 3713 shall be taken by the provincial protection committees, whereas the permits, other than these, aimed at the temporary or permanent protection / guarding of the persons, communities, organizations, institutions, establishments and facilities in the scope of private security shall be given by the private security committees to be founded at the provinces as per article 5 and 8 of the Law no. 5188. Private security in the scope of this Law shall be provided by private security officers or private security companies that are employed by the guarded persons.
The 01/02/2005 dated and 08 numbered “Hesitations Occurring at Taking Protection Decisions” titled communiqué has been repealed.
I kindly request with emphasis that the necessary sensitiveness is shown for the above matters and no disorganization is allowed to happed.
