Records, Discipline, Investigation and Punishment

The Coast Guard Commander’s records chief used to be the Chief of General Staff, and the records procedures for the personnel in the Coast Guard Command were conducted according to the principles of the Turkish Armed Forces. This piece of legislation titled ‘Records Superiors’ was abrogated, and replaced with an article titled ‘Assessment Report’, stating that the governors are in charge of issuing assessment reports for Coast Guard commanders, to be taken into consideration during appointment, promotion, compensation and transfers. The content and principles of these reports are to be designated by a regulation to be issued by the Ministry of Interior (Executive Decree 668 Article 30).

As for disciplinary and investigative procedures, the Coast Guard Command staff’s trial according to military laws and at military courts has been redefined or limited. Formerly, the text read “Law no. 353 on the Structure and Trial Procedures of Military Courts applies when they commit military crimes, or crimes against soldiers, in military locations or during military service or duty.” Now the scope of the said law has been limited to “the crimes arising from any assigned military duties” (Executive Decree 668 Article 31).

An additional clause stipulated the following: “Until a specific law on disciplinary issues is drafted, the discipline crimes and punishment of the Coast Guard 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. The civilian authorities and the chain of superiors constitute the disciplinary authority for the Coast Guard staff. The Minister of Interior, can impose an ex officio disciplinary sanction on any personnel at any rank of the Coast Guard Command. The punishment of workers and contracted / temporary personnel is carried out according to the provisions of the contract in force” (Executive Decree 668 Article 36).

Issued after these separate provisions, the Executive Decree no 682 is entitled “Executive Decree on the General Disciplinary Provisions for Law Enforcement”, and consists of 39 articles which elaborate on breach of discipline and punishment, disciplinary supervisors and boards, disciplinary investigation procedures and related matters for the staff of the General Directorate of Security, Gendarmerie General Command and Coast Guard Command.

Records, Discipline, Investigation and Punishment