Top court puts restrictions on night watchmen’s authority

ANKARA

In a recent decision, the Constitutional Court has annulled the articles of law that authorized night watchmen to “search” and “take preventive measures” on the grounds that these articles are unconstitutional.

The ruling came after the court adjudicated on an application filed by the main opposition Republican People’s Party (CHP) seeking the annulment of specific articles in the law on neighborhood watchmen.

The top court highlighted that the regulations granting night-time community officers the authority to intervene in meetings, demonstrations and marches lacked clear rules and framework. It further determined that such regulations encroached upon the fundamental right to assemble and march.

Moreover, the court underscored that the provision allowing manual external control authority limited individuals’ right to demand respect for their private life.

The Constitutional Court also deemed the provision stating “the duty of preventing those who spoil the peace and rest of the people and disturb others” as unconstitutional. The court’s ruling suggests that the provision was overly broad and failed to provide adequate safeguards to prevent abuses of power.

However, the court rejected the request to annul the regulation that authorized guards to stop and identify individuals for the purpose of “detecting perpetrators of crime, identifying wanted persons and preventing existing and potential dangers.” It also upheld the regulation that granted guards the authority to use weapons.

The use of night watchmen, known as “bekçi” in Turkish, has been in effect for decades, but their numbers and authority have risen since 2016’s failed coup.