You can access the information you need to know about the use of weapons by private security in Turkey, their legal basis, the possession and carrying of weapons and in which situations they can use weapons.
Private security, private security weapons, armed private security,
- Legal Basis for the Right of Private Security Officers to Use Firearms
The use of a weapon is generally understood as “shooting”. However, the use of a weapon is a process that starts from showing the weapon and includes pointing the weapon and, if the necessary conditions are met, firing.
In fact, it is possible to say that the authority to “use a weapon” is not explicitly regulated in Law No. 5188. At this point, the only way to accept this authorization is to interpret the use of a weapon as the last stage of the use of force.
However, at this point, pursuant to Article 7/k of Law No. 5188 “(Amended: 23/1/2008 – 5728/544 art.) Use of force in accordance with Article 981 of the Turkish Civil Code, Article 52 of the Code of Obligations, Articles 24 and 25 of the Turkish Penal Code.” (5188 S.K. , 2004), it is understood that he/she can use his/her weapon in some cases of use of force based on the relevant articles of law, the content of which is specified below. However, there are some points to be considered here. Let us now look at these articles of law in detail.
Turkish Civil Code No. 4721 “C. Provisions of Possession I. Protection 1. Right of defense Article 981- The possessor may repel any kind of usurpation or attack by force. The possessor may protect his possession of the thing taken from him without his consent by expelling the seizer in the case of immovable property and by taking it from the hands of the person caught in the act or while fleeing in the case of movable property. However, the possessor must refrain from using force to the extent that the situation does not justify it.” (4721 S.K., 2001)
Article 52 of the Turkish Code of Obligations states that “If the injured party consented to the act that caused the damage or was instrumental in the occurrence or increase of the damage or aggravated the situation of the indemnitee, the judge may reduce or completely abolish the compensation. The judge may reduce the compensation if the indemnitee, who caused the damage with slight negligence, will fall into poverty when he pays the compensation and if equity so requires.” Article 64: “A person acting in self-defense shall not be held liable for damage caused by the attacker to his person or property. The judge shall determine in equity the liability of the person who damages the property of another person in order to protect himself or another person from a clear or imminent danger of harm. If the person who is in the situation of protecting his right with his own power cannot provide the assistance of the law enforcement
force in a timely manner according to the situation and conditions at that time and if there is no other way to prevent the loss of his right or significant difficulty in exercising it, he cannot be held responsible for the damage he caused.” (6098 S.K., 2011)
Turkish Criminal Code No. 5237 “Article 24- (1) No penalty shall be imposed on anyone who fulfills a provision of the law. (2) Anyone who executes an order given by a competent authority, the fulfillment of which is mandatory as a matter of duty, shall not be liable. (3) An order, the subject matter of which constitutes a crime, may not be executed under any circumstances. Otherwise, both the one who executes and the one who gave the order shall be liable. (4) In cases where the law prevents the control of the lawfulness of the order, the one who gave the order shall be liable for its execution. Legitimate defense and state of necessity…
Article 25- (1) No penalty shall be imposed on the perpetrator for the acts committed with the obligation to defend against an unjustified attack, which is directed against himself or against a right belonging to himself or to another person, which has occurred, is likely to occur or is likely to recur, in a manner proportionate to the attack according to the circumstances and conditions at the time. (2) No penalty shall be imposed on the perpetrator for acts committed with the obligation to get rid of a grave and certain danger or to save someone else from a grave and certain danger, which is directed both to himself and to a right belonging to another person, which he did not knowingly cause and which cannot be protected in any other way, and provided that there is a proportion between the gravity of the danger and the subject and the means used.” (5237 S.K., 2004)
It should be noted that this authority cannot be used in cases such as the use of force according to Article 24 of the Turkish Penal Code. Therefore, this authority cannot be used in all cases of use of force; it can only be used in cases of legitimate defense and necessity, which are mentioned in Article 25 of the Turkish Penal Code.
Rather than defining the use of weapons by private security officers as the last stage of the use of force and trying to give it a legal identity, this authority should be clearly regulated in Law No. 5188 and the conditions under which private security officers can use weapons should be established on a legal basis.
Law No. 2559 on the Duties and Powers of the Police grants the authority to use weapons directly to the personnel of the “police” organization, and through a broad interpretation of the definition of “law enforcement”, it would not be possible to extend this possibility to private security duties (2559 S.K., 1934).
Another consequence of the fact that the use of a weapon is a manifestation of the authority to “use force” is the obligation to inform the general security forces immediately in cases requiring the “use of force” as per Article 9 of Law No. 5188, which states that “incidents requiring the use of force and arrest powers shall be notified to the general security forces through the fastest means”.
This will both prevent overstepping the limit in self-defense and disproportionate resistance, and enable the general police, whose powers regarding the crime are much broader than those of private security officers, to seize the crime.
Conclusion; The conditions under which private security personnel are authorized to use weapons are not defined by a special law. Therefore, armed private security personnel should be informed with special instructions and irreparable consequences should be prevented.
- Situations Requiring Armed Private Security Officers to Use Weapons
The authorization to use a weapon does not necessarily mean firing a lethal shot at the other person. Therefore, armed private security guards are authorized to use weapons only against attacks directed against themselves or third parties and in case of self-defense (self-defense), in order to fend off the attack or attacker and as a last resort. However, since the private security personnel who use weapons for this purpose must have an armed security certificate, the use of weapons by unarmed security personnel is not permitted.
To prevent the commission of an offense with grave consequences that would seriously endanger human life. If lesser security measures are insufficient to prevent the capture or escape of a person who is in such danger and who resists further coercive action.
- Authorization of Private Security Officers to Possess and Carry Weapons
The functioning, powers, duties and responsibilities of the Private Security sector in the Republic of Turkey are subject to Law No. 5188. Although this law mentions the powers related to “weapons”, no authority to use weapons is explicitly regulated. However, Article 8 of Law No. 5188 refers to the authority of private security personnel to carry weapons.
“Law No. 5188, Article 8- The amount and characteristics of firearms that can be kept for which protection and security service is determined by the commission.
However, it is not permitted to employ armed private security guards in educational and training institutions, health facilities, gambling establishments and places of drinking. Private security guards may not serve armed in private meetings, sports competitions, stage shows and similar events.
Weapons and equipment to be used in protection and security services shall be provided by the relevant person or organization. Private security companies may not purchase or keep firearms. However, private security companies may be granted permission to purchase, use and carry firearms for use in money and valuables transportation, temporary protection and security services, and private security training institutions may be granted permission to purchase, use and carry firearms for use in weapons training upon the decision of the commission and the approval of the governor.” (S.K. 5188, 2004)
In Article 3 of Law No. 5188, the legislator also referred to the fact that private security officers may carry weapons.
” Law No. 5188, Article 3- The protection of persons by armed personnel, the establishment of private security units within institutions and organizations or the outsourcing of security services to companies are subject to the permission of the governor upon the decision of the private security commission. In meetings, concerts, stage shows and similar events; in temporary or urgent cases such as the transfer of money or valuables, a special security permit may be granted by the governorate without seeking the decision of the commission.
Upon the request of individuals and organizations, taking into account the need for protection and security, it is permitted to provide security services by personnel to be employed, to establish a private security unit within institutions and organizations or to have this service provided by security companies. The establishment of a private security unit within an organization does not preclude the provision of services to security companies when needed.
The Commission is authorized to determine the maximum quantity and quality of the personnel to perform protection and security services, the weapons and equipment that may be kept or carried, and other physical and instrumental security measures when necessary. International obligations regarding security measures to be taken in places such as airports and ports are reserved.
Except in temporary cases, the private security practice may be terminated with the decision of the commission and the approval of the governor, provided that an application is made at least one month in advance.” (S.K. 5188, 2004)
In Article 24 of the Directive on the Implementation of the Law on Private Security Services, it is regulated that the conditions specified in the Law No. 6136 and the regulation on the implementation of this law will be sought.
“Regarding the Implementation of the Law on Private Security Services, Article 24- …Private security officers who will carry firearms in the field of duty shall meet the conditions specified in Law No. 6136 and the regulation on the implementation of this Law.” (Regulation on the Implementation of the Law on Private Security Services, 2004)
The amount and characteristics of the firearms to be used by the Private Security personnel for the performance of the protection and security service are determined by the security commission. Article 3 of the Law No. 5188 states this issue as follows.
“…The Commission is authorized to determine the maximum quantity and quality of personnel to perform protection and security services, the weapons and equipment that may be kept or carried, and other physical and instrumental security measures where necessary. International obligations regarding security measures to be taken in places such as airports and ports are reserved.” (Law No. 5188, 2004)
- Areas where Armed Work is not permitted
With Article 8 of Law No. 5188, the legislator has introduced some restrictions on the possession and transportation of weapons. For this reason, private security companies cannot employ armed private security guards in educational and training institutions, health facilities, games of chance enterprises, places of drinking. Private security guards cannot serve armed in private meetings, sports competitions, stage shows and similar events.
However, the Legal Advisory Department of the Ministry of Interior has given an opinion with its letter dated December 21, 2004 and numbered 4108 that private security guards can serve armed in the National Lottery Administration and its affiliated units and Hippodromes in order to prevent possible incidents in the future due to the continuous cash flow.
Again, according to Law No. 5188, private security companies cannot keep or purchase firearms and equipment within their own organization. However, the institutions or organizations they will serve can purchase the weapons needed for the performance of the protection duty. However, private security companies may be granted permission to purchase, use and carry weapons to be used in money and valuables transportation, temporary protection and security services, and private security training institutions may be granted permission to purchase, use and carry weapons to be used in weapons training with the decision of the commission and the approval of the governor.
- Registration of Weapons
Pursuant to Article 27 of the Regulation on the Implementation of the Law on Private Security Services; All kinds of firearms allowed to be kept and carried by Private Security Officers are recorded in the Weapon Possession Record Book, the form and layout of which is determined by the commission. Firearms are also recorded in the Weapon Inventory Book designated by the commission by the person or organization granted a private security permit. Firearms kept in the duty area are handed over to private security officers in return for signature in the Handover and Report Book, each page of which is approved by private security managers. The format of this book is designed by the commission. Private security officers cannot take firearms out of the duty area except for the exceptions specified in Law No. 5188. (Regulation on the Implementation of the Law on Private Security Services, 2004)
- Weapon Carry and Possession Certificate
Pursuant to Article 28 of the Regulation on the Implementation of the Law on Private Security Services; a Private Security Weapon Carry/Possession Certificate is issued for each firearm. The private security officer who will work with a weapon carries this document together with the armed private security identity card. The private security officer who will carry out person protection and money and valuables transportation shall also carry the duty certificate with him/her. The duty certificate mentioned here is not included in the annex of the Regulation. However, it is a letter that will be given by the Provincial Security Directorate Private Security Branch Directorate Bureau Chief to the personnel who are assigned short and long term person protection duty and money and valuables transportation duty, showing the clear identity information of the officer and the place, date and route where the officer will be on duty.
- Rules to be followed in the Use of Weapon Carry-Possession Licenses of Private Security Personnel
– Identity cards issued to private security guards by the governorates are worn on the collar in a way that can be seen by everyone within the duty area and during the duty period. Those who do not have their identity cards on their collars cannot use the powers granted to private security officers.
– In the event that private security officers take their firearms out of the duty area, except for the exceptions specified in the Law, a fine is imposed in accordance with Article 20/c of Law No. 5188 and the work permit is canceled.
– At the end of the duty of the private security officer, the private security weapon carrying and possession certificate together with the weapon must be received by the organization where he is assigned.
– In case of loss of the private security weapon carrying and possession certificate, the information on the loss of the weapon must be immediately notified to the relevant Governorate.
– With the provisional Article 1 of Law No. 5188, since the private security organization personnel who have started to work subject to Law No. 2495 have been granted a private security permit for 5 years, their identity cards will be renewed without the need for a training certificate and license fee. The weapon carrying certificates issued to these personnel according to Law No. 2495 will be canceled and the Private Security Weapon Carry-Possession Certificate will be issued on behalf of their institutions according to Law No. 5188. In case the identity card of the private security officer is lost, a new one will be issued by processing the validity period on the old identity card, since the work permit is valid for 5 years.
For further information, please send an e-mail to mahireser@gmail.com.
Have a safe life in good days… My best regards…
References
2559 S.K. (1934). Police Duties and Responsibilities Law. in Ankara: Official Gazette of the Republic of Turkey.
4721 S.K. (2001). Turkish Civil Code. in Ankara: Official Gazette of the Republic of Turkey.
5188 S.K. (2004). Law on Private Security Services (Volume 43). in Ankara, Turkey: Official Gazette of the Republic of Turkey.
5237 S.K. (2004). Turkish Penal Code. in Ankara, Turkey: Official Gazette of the Republic of Turkey.
6098 S.K. (2011). Turkish Code of Obligations. in Ankara: Official Gazette of the Republic of Turkey.
Regulation on the Implementation of the Law on Private Security Services (2004). Ankara: Official Gazette of the Republic of Turkey.
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