Amendments Concerning Private Security Services

An amendment to the Law no. 5188 on Private Security Services is designed to strengthen the control over the private security sector.

Issues concerning managers and security guards have been regulated (Executive Decree 680 Article 66).

In case of a public safety concern, local civilian authorities have been authorized to supervise any private security measures in locations granted private security permits, and impose further measures if they deem the existing measures to be lacking. (Executive Decree 680 Article 67).

It has been stipulated that private security guards can exercise their powers only in the duration and location of their duty, and that they cannot take their firearms outside of their area of duty. However, included in the area of duty are all displacements for the pursuit of individuals who have committed a crime or are strongly suspected of committing a crime, for taking precautions to prevent any external attacks, and for the transportation of money, valuables or for funerals. The area of duty can be expanded when required, by a resolution of the Commission. Furthermore, the area of duty of private security guards protecting specific individuals covers the entire country when accompanying the individual under protection, and only the province when not (Executive Decree 680 Article 68).

An amendment was made to the article setting forth the requirements for becoming a private security guard, such that even if the terms provided for in the Law no. 5237 Turkish Criminal Code Article 53. have ended or even if there is a deferment of the announcement of the verdict, the following individuals cannot become private security guards: 1) those who were sentenced to prison for one year or more for a preconceived crime, 2) those convicted of crimes against the state’s security, the constitutional order and its functioning, private life and sexual privacy etc., even if pardoned, 3) those being investigated of alleged crimes against the state’s security, the constitutional order and its functioning, private life and sexual privacy. It was also stipulated that candidates must receive a positive result from the security investigation (Executive Decree 680 Article 69).

Amendments and additions were made to the article on the work permit. While the security investigation and archive check used to be repeated every five years, from now on it can be repeated whenever a new ID is issued or whenever deemed necessary. The IDs of those who lack or have later lost the conditions for becoming a manager or private security guard will be cancelled. With an amendment to the same article, banned from working for private security companies or units are those individuals who have membership, connections or links to structures, formations or groups deemed by the National Security Council to constitute a threat against national security (Executive Decree 680 Article 70). As such, civil servants dismissed from public duty by executive decrees or investigations cannot be employed in the private security sector.

The article setting forth the acts of security companies, managers and officials that require administrative penalty or sanction has been revised (Executive Decree 680 Article 71) The following paragraph was added to the article on supervision. “Companies whose activities fall outside the scope of their purpose or which have turned into a hotbed of crime or which have membership, connection or association with terror organizations will lose their official authorization. The founders, representatives and managers of companies which lose their official authorization in this way can no longer operate in the private security sector” (Executive Decree 680 Article 72).

Amendments Concerning Private Security Services