Discipline, Investigation and Punishment

The new provision concerning the disciplinary and investigative measures stipulates that gendarmerie personnel can be put on trial as per the Law on the Structure and Trial Procedures of Military Courts only for crimes arising from a military duty that they have been assigned. In the previous piece of legislation, provisions of the Military Criminal Law applied in military crimes as well; however, this provision was abrogated. The previous text also authorized the province and district gendarmerie commanders in civilian duties, and this power was also abrogated (Executive Decree 668. Article 15).

Provisions that referred to the Law on Turkish Armed Forces Personnel and Law on the Structure and Trial Procedures of Military Courts in cases of suspension, recall and dismissal were also removed (Executive Decree 668 Article 20).

A temporary clause added to the law states that, until a specific law on disciplinary issues is drafted, the discipline crimes and punishment of the gendarmerie personnel will be managed according to the disciplinary code of the police force, and that the provisions of the Law no. 657 on Civil Servants will apply in other matters (Executive Decree 668 Article 21).

Issued after these separate provisions, the Executive Decree 682 is entitled “Executive Decree on the General Disciplinary Provisions for Law Enforcement”, and consists of 39 articles which elaborate on breach of discipline, punishment, disciplinary supervisors and boards, disciplinary investigation procedures and related matters for the staff of General Directorate of Security, Gendarmerie General Command and Coast Guard Command.

A new provision reads that, even in cases of postponement of punishment, deferment of the announcement of the verdict, or remission of punishment etc.; the Gendarmerie General Command -upon the approval of the Minister of Interior- will dismiss any of its commissioned officers, noncommissioned officers, contracted officers, contracted noncommissioned officers, specialist gendarmes and specialist sergeants who have a prison sentence for one year or more for crimes against the security of the state, crimes against the constitutional order and its functioning, crimes against national defense, crimes concerning state secrets and espionage, embezzlement, extortion, bribery, defamation, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, collusive tendering, smuggling etc. (Executive Decree 694 Article 55).

Discipline, Investigation and Punishment