Approved articles reach 26, gov't determined to pass security bill

The government has shown considerable determination to pass the articles of the controversial Domestic Security Reform Package, which has been prepared in line with Western templates, despite intense criticism from opposition parties.



Parliament has passed a total of 26 articles out of the 132 items in the Domestic Security Reform Package since the beginning of the week amid strong resistance from opposition parties. The government has said that the Domestic Security Reform Package, which aims to establish a balance between freedom and security for its citizens while enhancing the civilian identity of the state, has been prepared in line with EU standards of security, freedoms and security regulations. The Kobani protests, which took place in October 6-7 and led to the death of 50 civilians, during which public order was disrupted for days, provided the main impetus for the package. The government has said that the rightful demands of the masses were abused by illegal groups, accompanied by an apparent lack of authority and division within the administrative body in both cases. It is determined to prevent such disruptions from occurring again, while wishing to strengthen the right to protest and change the course of what it calls "Turkey's problematic protest culture."Meanwhile, the opposition is more united than ever in objecting to the package, a notion both praised and criticized by various circles. They cite their main opposition as being fear of an abuse of authority by the security forces and lack of cohesion of these laws with Turkey's already troubled Constitution.Police force restructuredOn late Thursday, the parliament approved a further seven articles. Accordingly, the police are now also authorized to take the statements plaintiffs, victims or witnesses from their registered residence or workplaces. The definition of "colored" was also added to the related article that regulates the use of pressurized water by security forces.Important changes regarding the recruitment of police officers and the structure of Turkey's police force were also approved on Thursday. The age limit for newly recruited police officers was increased from 28 to 30 with the approval of both the government and the opposition.The only remaining Police High School in Ankara will be shut down and its related administrators and instructors will be transferred to related departments within security forces or education institutions. The main reason behind this move was cited as the accumulation of enough faculty and vocational school graduates. Meanwhile investigations continue regarding irregularity allegations involving the Gülen Movement and linked police officers in entrace exams conducted since 2010.Police ranks are also being reformed due to failures and criticism regarding the performance of the police against violent protests and riots. The government says that this is a result of the problematic chain of command. The number of chief police commissioners that serve in the field are one seventh of the number required. The figures are one fifth of the required number for commissioners and half of the required number for deputy commissioners. Meanwhile, the number of first degree police chiefs is three times higher than the required number. Police commissioners and police chiefs who fail to gain promotion to a higher rank within five years can be sent for retirement with the request of High Evaluation Board and ministerial approval. First degree police chiefs can only serve at this rank for six years. The opposition criticized these reforms as it aim to replace all police officers with alleged ties to the Gülen Movement.Tougher penalties for distrubting public order, safetyPolice chiefs determined by governors and district governors were earlier granted the right to keep individuals in custody for 24 hours for the crimes of murder, injury on purpose, sexual attack, child abuse, smuggling, prostitution, theft, pillaging and drug trafficking and production. For crimes committed as a group and for violent events that seriously threaten public order, this authorization can be increased to 48 hours. Previous legislation required a custody warrant from a prosecutor, limited to 24 hours for a single person and four days for acts committed as a group. The prosecutors' authority is still in effect, increased to 48 hours for individuals. In many EU countries, the police are authorized to hold suspects in custody ranging from 72 hours to 24 hours.Governors' authorities were also increased within the new package. Governors may order security forces to fine perpetrators of a crime if necessary. Governors may order the use of all public vehicles, including ambulances, fire engines, tow trucks and heavy construction equipment, in case public order is threatened, including those belonging to local authorities, with the military being the exception. Local authorities are obliged to follow these orders, and if not, security forces will enforce the orders of the governor. Public and private damage for not obeying such orders will be compensated from the responsible public officials by the related public institution. District governors are authorized to use this authority in their districts. Those who act against the decisions and measures taken by the governors to provide public order can be punished with imprisonment from three months to one year.Chief security officers are authorized to conduct a body search of a possible suspect and/or his or her belongings in case of an emergency. However, the officer will be expected to provide official documentation to the suspect regarding the case at the time of the search within 24 hours. Previous legislation required a search warrant from the prosecutor. Austria, Italy, Germany and the U.K. are among EU countries in which security forces can conduct a search without authorization from their superiors.No weapons during demonstrations, Molotov cocktails considered as armsSecurity forces were authorized with the usage of a neutralizing force against individuals who attack or who are preparing to attack the police by using Molotov cocktails, explosives, flammables or any other weapon. According to legal precedents of Turkey's Supreme Court of Appeals, a Molotov cocktail is considered a weapon when used as a weapon to cause damage. It was not named as a weapon within the law, preventing security forces from taking preemptive action. Germany, the U.S., U.K. and Ireland are among countries that define usage, production and trade of Molotov cocktails as a crime in their respective laws.Slingshots and iron shots were added to the list of weapons that foresee imprisonment from two years six months up to four years for carrying fireworks, Molotov cocktails, sticks and stones during protests. Previous legislation foresees imprisonment no less than one year for wielding weapons other than firearms. Imprisonment from six months to three years for participating in protests with emblems, banners or uniform-like clothing of illegal organizations was foreseen within the reform package. Carrying illegal materials in protests complying with protest regulations was not regulated. Material damage to public property will be collected from the perpetrators.