Parliament commission approves draft proposing legal shield for Turkish soldiers in anti-terror fight

ANKARA

The Turkish parliament’s national defense commission approved a draft proposal to provide legal protection to soldiers involved in security operations against groups listed as terrorist organizations on June 10.

According to the draft proposal prepared by the Defense Ministry, the investigation and trial processes of commanders and the chief of general staff will require the prime minister’s permission.

The permission mechanism will be carried out in accordance with the rank of the personnel, according to the main framework. The local district governor’s permission will be needed in investigations into public personnel and soldiers on duty in various districts.

It will also allow for the Turkish Armed Forces (TSK) to participate in operations in central provinces, with a proposal from the Interior Ministry and a decision from the cabinet.

The rules of the Turkish Penal Code on the adjournment of jail sentences will be applied to military offences.
In addition, governors will perform coordination, cooperation and surveillance if TSK personnel are assigned in their districts, while the senior commander in the military unit will be in charge of the command, dispatch and administration.

Soldiers will be permitted to enter residences in order to provide safety of life and property or apprehend certain people with the written order of the commander. The decision of the unit’s commander will be presented for judicial approval within 24 hours.

Apprehensions, detentions or arrests will not be able to be carried out for military personnel over an accusation until permission for an investigation is granted.

Alleged crimes committed during operations will be regarded as military offences and a civil trial will not take place.