(UZ) COSTGUARD COMMAND ACT
THE COAST GUARD COMMAND ACT
Law no. 2692, dated 9.7.1982
Published in Official Gazette no 17753, dated 13.7.1982
PART ONE
General Provisions
Purpose
Article 1 The purpose of this Act is to lay down the principles and methods concerning the protection of and guaranteeing the security of Turkey's coasts, territorial waters, inland waters, including the Sea of Marmara, the Strait of Istanbul and the Strait of Çanakkale; the exercise of the rights and authorities, excluding those under the general responsibility of the Naval Forces
Command, in the seas over which Turkey has sovereignty rights under national and international law; the prevention and monitoring of smuggling by sea and taking necessary legal action in connection with offenders.
Establishment and Affiliation
Article 2 The Coast Guard Command, an armed security force, is hereby established to perform the duties and services described herein.
This Command shall be a part of the Turkish Armed Forces and be affiliated to the Ministry of the Interior during peacetime with respect to its duties and services.
The Coast Guard Command shall:
(a) in a state of emergency, wholly or partially be under the command and order of the
Naval Forces Command, upon a request of the Chief of Staff; and
(b) in warfare, be wholly and directly under the command of the Naval Forces Command.
In any of the above-mentioned cases, the responsibility of performing the duties assigned hereby to the Coast Guard Command shall, wholly or partially, pass on to the Naval Forces Command.
Areas of Duty and Bases
Article 3 Areas of duty, bases and headquarters of the Coast Guard Command shall be determined by the Ministry of the Interior by taking into account the opinion of the Chief of
Staff.
Military personnel, vessels, aircraft, helicopters and vehicles of the Coast Guard Command shall have special markings.
Duties
Article 4 The Coast Guard Command shall have the following duties:
(a) To protect and guarantee the security of Turkey's coasts and territorial waters, and to exercise its rights and authorities in the seas over which it has sovereignty under national and international law.
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(UZ) COSTGUARD COMMAND ACT
(b) To prevent and monitor:
(1) Smuggling operations of any kind by sea;
(2) Activities in contravention of Antiquities Law no. 1710,
(3) Activities in contravention of Law no. 2565, dated 18.12.1981 concerning
Forbidden Military Zones and Security Zones; and to apprehend offenders, to take the necessary actions in this regard and to turn over to the competent authorities apprehended persons and instruments of crime.
(c) Outside the ports;
To prevent and monitor activities in contravention of the following laws, to apprehend offenders, to take the necessary actions in this regard, and to turn over to the competent authorities apprehended persons and instruments of crime:
(1) Law no 815, dated 19.4.1926 concerning Sea Transport on Turkey's Coasts and
Performance of Industrial and Commercial Activities in Turkey's Harbours and
Territorial Waters;
(2) Wireless Law no. 3222, dated 9.4.1937;
(3) Law no. 4922, dated 10.6.1946 concerning the Protection of Life and Property at
Sea;
(4) Public Health Law no. 1593, dated 24.4.1930;
(5) Law no. 1234, dated 3.5.1928 concerning the Health Control of Animals;
(6) Law no. 6968, dated 15.5.1957 concerning Agricultural Pesticides and
Agricultural Quarantine;
(7) Aquatic Products Law no. 1380, dated 22.3.1971;
(8) Passport Law no. 5682, dated 15.7.1950;
(9) Law no. 5638, dated 15.7.1950 concerning the Residence and Travel in Turkey
(10)
(11) of Foreigners;
Vessel Health Duty Law no. 2548, dated 6.11.1981;
Tourism Encouragement Law no. 2634, dated 12.3.1982;
(12) Relevant provisions concerning the security of navigation, anchoring and mooring of ships, fishing, diving and flag raising;
(13) Relevant provisions concerning pollution of any kind caused by vessels and aircraft or any other facilities on sea;
(14) International agreements on any of the above-mentioned issues.
(d) To provide information to the concerned parties and to take the necessary actions for the enforcement of Law no. 5202, dated 17.5.1948 concerning the Destruction of Untethered
Mines, Explosives or Suspicious Objects Seen in the Sea and Coasts.
(e) To monitor and control the operation of navigational assistants in conformity with the relevant legal provisions, and the maintenance of signposts placed by the competent authorities for navigational obstacles and sunken objects and to provide information to the concerned parties on any irregularities and problems.
(f) To perform the activities of search and rescue as envisaged by the Convention
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(UZ) COSTGUARD COMMAND ACT concerning Search and Rescue Operations in International Seas.
(g) To confiscate weapons and ammunition of any other kind brought by the refugees entering Turkish territorial waters and to turn over to the concerned authorities such refugees and the weapons and ammunition confiscated.
(h) To assist other security forces to monitor crimes committed in their areas of duty and crimes, other than those described above, commencing on land and continuing on the sea and to apprehend the criminals; to prosecute such offences if necessary and to apprehend criminals and turn over them to the competent authorities.
In harbours where there is no customs office, the duties and powers of the Ministry of Customs and State Monopoly, and the duties and powers of other authorities empowered by special laws in issues not covered by the duties and powers of the Coast Guard Command as described in this article shall remain unaffected.
Powers
Article 5 While performing the duties assigned hereby, the members of the Coast Guard
Command shall have all the rights and powers granted to other security forces by law, including the right to carry weapons.
Under the provisions of relevant laws and international agreements, the members of the Coast
Guard Command shall halt all activities outside harbours which are punishable by the Turkish
Law.
In cases when the crime commences on sea and continues on land or when the offenders escape onto the land they shall maintain the above-mentioned powers on land until such time as the competent security forces take action and thus prevent the escape of criminals or loss of evidence. In such cases, they shall immediately notify the civil authorities of the locality through available means.
PART TWO
Cadre, Resources, Appointments and Transfer
Cadre
Article 6 Cadres of the Coast Guard Command shall be jointly prepared by this Command and the Naval Forces Command in accordance with the service requirements described herein and the general practices of the Turkish Armed Forces, and determined by the Chief of Staff upon comments from the Ministry of the Interior. One post for a rear admiral and one for a vice admiral shall be added to the rank quotas of the Naval Forces Command as set forth in article 49 of Law no. 926 concerning the Staff of the Turkish Armed Forces.
Resources
Article 7 Admirals, commissioned and noncommissioned officers, warrant officers and soldiers of the Coast Guard Command shall be provided by the Naval Forces Command.
Appointment
Article 8 A vice admiral shall be appointed as the commander of the Coast Guard
Command. This appointment shall be made through a decree to be signed by the Prime Minister
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(UZ) COSTGUARD COMMAND ACT and to be approved by the President, upon a need indicated by the Commander of the Naval
Forces, proposal by the Chief of Staff and recommendation by the Minister of the Interior.
The rear admiral and commissioned and non-commissioned officers of this command shall be appointed in accordance with the provisions of Law no. 926 concerning the Staff of the Turkish
Armed Forces, by taking into consideration the views of the Coast Guard Command.
Nonmilitary officers and workers shall be appointed or employed by the Coast Guard Command in line with the general provisions.
Transfer
Article 9 Transfer to other posts or other places of the commissioned and noncommissioned officers and soldiers of the Coast Guard Command by reason of service requirements or health or any other reason shall be made by the Naval Forces Command at the proposal of the Coast Guard Command. Non-military personnel shall be transferred to other posts or places by the Coast Guard Command.
PART THREE
Order Command Connection, Duty Relations, Military and Administrative Assistance,
Participating in Training and Exercises
Order Command Connection
Article 10 The personnel of the Coast Guard Command shall perform their duties within its own chain of command and in accordance with Law no. 211 concerning the Turkish Armed
Forces Inhourse services.
Duty Relations
Article 11 The Coast Guard Command shall perform its duties hereunder through cooperation, coordination and mutual assistance with the concerned Ministries, civil and judicial authorities, other security forces and concerned agencies.
Military and Administrative Assistance
Article 12 The corps of the Coast Guard Command shall notify the military and civil authorities of any urgent needs that may arise during the performance of their duties. They shall be assisted to the extent permitted by the available means and powers.
Participating in Training and Exercises
Article 13 The Coast Guard Command shall participate in the training operations and exercises planned by the Naval Forces Command. While planning such training operations and exercises, due care shall be taken to ensure that the principal duties of the Coast Guard
Command are not adversely affected thereby.
PART FOUR
Budget, Meeting the Requirements and Rights of
The Personnel
Budget
Article 14 The budget of the Coast Guard Command shall be drawn up within the Ministry of the Interior but separate from the Ministry's budget.
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(UZ) COSTGUARD COMMAND ACT
Provision of Weapons, Ammunition, Vehicles and Material
Article 15 Any weapons, ammunition, vehicles and materials required by the Coast Guard
Command shall be supplied out of its own budget in line with the standards of the Naval Forces
Command and in accordance with a plan to be jointly prepared by the Coast Guard Command and the Naval Forces Command and to be approved by the Ministry of the Interior.
Maintenance, repair and alteration works that cannot be performed with the available means of the Coast Guard Command shall be performed by the maintenance and repair units of the
Ministry of Defence on a priority basis. The costs of such services shall be paid out of the budget of the command.
Exemptions and exceptions from customs taxes, duties, and charges and warehouses charges granted to the Ministry of Defence and the General Gendarmerie Command by budget laws and other law shall also apply to the Coast Guard Command.
Rights of the Personnel
Article 16 Admirals, commissioned and non-commissioned officers, warrant officers and non-military officers of the Coast Guard Command shall be subject to their own special laws in respect of their rights.
Salaries of the soldiers shall be paid in accordance with those paid by the Naval Forces
Command and with the same provisions.
Payments in cash and in kind made to the personnel of the General Gendarmerie Command of
Gendarme shall be made to the personnel of the Coast Guard Command under the same terms and conditions.
Non-military officers of the Coast Guard Command shall benefit from the provisions of Law no.
2155, dated 22.6.1978.
(Paragraph appended by Article 19 of Decree-Law No. 486 of 13 July 1993)
In accordance with procedures and principles to be determined by the Ministry of Internal
Affairs, a security compensation for overtime work shall be paid to: a) Officers, junior officers, specialist gendarmes and specialist non-commissioned officers doing duty on boats; and b) Officers, junior officers, specialist gendarmes and specialised non-commissioned officers doing duty in other headquarters, units and institutions, such compensation not to exceed 15% and 13%, respectively, of the highest Civil Servant salary
(including the additional index) specified in Law No. 657 on Civil Servants. No taxes and withholdings, except the stamp duty, shall be deducted from such compensation.
(1)
Food, Cloth and Fuel Benefits
Article 17 Legal provisions applicable to similar corps of the Naval Forces Command in respect of food, clothing and fuel benefits shall likewise apply to the personnel of the Coast
Guard Command.
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(UZ) COSTGUARD COMMAND ACT
PART FIVE
Superiors, Cash Benefits and Rewards, Education and Training, and Trial
Superiors
Article 18 The first-degree superior of the Coast Guard Commander is the Chief of Staff.
Formalities concerning the register of service of other personnel of the Coast Guard Command shall be concluded in accordance with the principles prevailing in the Turkish Armed Forces.
Cash Benefit and Rewards
Article 19 If any of the personnel of the Coast Guard Command shall be killed or become disabled on duty or even after the completion of their duties by reason of an injury or sickness they suffer while performing their duties of prevention of smuggling and assuring peace and security, the provisions of Law no. 2330, dated 3.11.1980 concerning Cash Benefits and
Monthly Salaries shall apply.
Furthermore, in cases when the circumstances described in the provisions of Law no. 7268, dated 11.5.1959 as supplemented to Gendarmerie Law no. 1706, dated 10.6.1930 occur, the personnel of the Coast Guard Command shall be entitled to the rewards described in the said law.
Education and Training
Article 20 Military education and training of the commissioned and non-commissioned officers, warrant officers and soldiers of the Coast Guard Command shall be conducted in accordance with the principles specified by the Naval Forces Command. Special training required by the services of the military and non-military officers of the Command shall be carried out in conformity with the principles laid down by the Ministry of the Interior.
Trial
Article 21 (a) The personnel of the Coast Guard Command shall be penalized by their own competent superiors through disciplinary measures.
(b) In respect of disciplinary offences committed by the personnel of the Coast Guard
Command, the provisions of Law no 477 concerning the Establishment of Disciplinary Courts and Trial Procedures shall be applicable.
(c) In respect of military offences committed by the personnel of the Coast Guard Command and the offences they commit against military persons or at military locations or in connection with their military duties and services, action shall be taken pursuant to the provisions of Law no. 353 concerning the Establishment of Military Courts and Trial Procedures.
(d) Crimes committed outside military facilities:
In respect of crimes arising out of the administrative duties and services of the personnel of the
Coast Guard Command or committed while performing such duties and services, action shall be taken against such personnel in accordance with the provisions of Law concerning the Trial of
Government Employees and Law no. 1609, dated 15.5.1930 concerning the Prosecution of
Government Employees in Respect of Some Crimes and Trial Procedures.
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(UZ) COSTGUARD COMMAND ACT
In the case of crimes concerning their judicial duties and services, action shall be taken directly by the Public Prosecutor. However, in respect of such crimes committed by the corps commanders, the trial procedures to which judges are liable by reason of their duties shall be applicable.
For the purposes of penalty and proceedings, the bases, headquarters and floating or flying corps of the Coast Guard Command shall be regarded as a military zone, and any of its vehicles, materials and weapons as military materials.
PART SIX
Miscellaneous Provisions
Ordinance
Article 22 An ordinance to be prepared shall specify which duties of the Coast Guard
Command as provided for herein shall be regarded as administrative and judicial duties.
Regulation
Article 23 Regulations to be jointly prepared by the Ministry of the Interior and the Ministry of National Defence upon comments by the Chief of Staff shall specify the principles concerning the performance by the Coast Guard Command of its duties hereunder, coordination and cooperation, participation in training activities and exercises, the logistics support for this command, the supply of weapons, ammunition and vehicles and maintenance and repair thereof and other issues concerning the enforcement of this Law.
Provisions not Applicable
Article 24 Those provisions of Law no 6815, dated 16.7.1956 concerning the Transfer to the Ministry of the Interior of the Duties of Monitoring and Prevention of Smuggling and
Protection and Security of Coasts and Territorial Waters and other laws that are at variance with the provisions herein shall not applicable.
Effect
Article 25 This law shall take effect as from its date of publication.
Enforcement
Article 26 This law shall be enforced by the Council of Ministers.
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