Ethical Principles


INTRODUCTION 

Law enforcement is an indispensable element in protection of the rights and freedoms of a society and in providing public security. The mission of law enforcement is executed in accordance with the Constitution, international conventions, laws and legislation concerned.

Ethical Principles of Law Enforcement are designed to establish the principles to be followed by the law enforcement personnel in order to establish the public trust by abiding with the principles of justice, impartiality, honesty, merit, transparency and accountability.

The basic duty of the law enforcement units is to protect the rights and freedoms of individuals in their spheres of responsibility, to ensure security and public order. This honorable and respectable duty is being executed by the law enforcement personnel. Ethical Principles of Law Enforcement ,which is a collective code of conduct in which law the  enforcement personnel must comply with while they are discharging their duty, is a guideline for personnel of all ranks in executing their duty with competency and merit.

These principles, which have been  prepared by referring to our Constitution, the European Convention on Human Rights and the European Commission Law Enforcement Ethical Principles Guide, will ensure that the law enforcement officials will adopt and enforce the rules made by the law, and that the code of conducts, expected from law enforcement personnel, are known by public as well.

SCOPE 

Ethical Principles of Law Enforcement that have been prepared with the contributions of all law enforcement units include  Gendarmerie General Command, General Directorate of Security, Coast Guard Command and Directorate General of Customs Enforcement and the law enforcement officials recruited in these organizations.

  • DUTIES OF LAW ENFORCEMENT: 
  • The primary duties of law enforcement are these;
  • To protect the fundamental rights and freedoms of the individuals,
  • To ensure safety and security,
  • To protect public order,
  • To take measures preventiving crime and to fight against crime,
  • To shed light on the crimes and hand in the suspect to judicial authorities,
  • To help those who want and who are in need of help and to those who are in danger.

 

  • CONCEPTION OF SERVICE: 

2-Law enforcement units rely on the principles of rule of law, public interest, impartiality, participation, transparency, accountability, being focused on the result of the service and permanent improvement in the fulfillment of duties and services.

3-Law enforcement units aim at increasing the gladness of  public by focusing on the demands and needs of the society in the sphere of duty and responsibility and thus gaining the respect and trust of the society

4-Security service must be accessible to everyone and at any time.

5-Except for the necessities of the duty, law enforcement performs the functions in an easily recognizable way,

6-The law enforcement personnel,which are the legal executive power of the state, avoid any attitudes and behaviors that will be a kind of weakness.

 

  • QUALITIES OF THE LAW ENFORCEMENT PERSONNEL: 

7- Law enforcement personnel are devoted to Ataturk’s principles and reforms, the fundamental values of our society and our Republic.

8- The relationship among law enforcement personnel relies on coordination suitable with the hierarchical structure, collaboration, cooperation, trust, love and respect .

9- Entrance to the law enforcement profession is done according to the objective criteria that aim to detect the qualities which duty necessitates and that are determined by the legislation .

10- Law enforcement personnel make rational decisions, communicate effectively, treat fairly and take initiative when required,

11- Law enforcement personnel know structure and sensitivity of the society, thus show the necessary sensibility,

12- Law enforcement personnel show that they deserve the respectability and trust necessitated by their profession and uniform with their behavior.

13- Law enforcement personnel do not occupy with anything that will bring harm to their professional dignity and avoid behaviors in their private life that would destroy the impartiality of their professional service.

14- Law enforcement personnel provide service impartially without any discrimination among people irrespective of  language, race, color, sex, political opinion, philosophical belief, religion, sect and similar reasons.

  • TRAINING:   

 

15- Training is a permanent process that should be carried out by law enforcement personnel throughout their career. Within that period, basic training, in-service training and expertise trainings are given in theory and in practice in a way to respond the needs in parallel to the changes and developments in society,

16- Training  provides cultural and social development for  law enforcement personnel while preparing them ready for the profession,

17- Training of the law enforcement is carried out  by focusing on the aims of their service, which is based on their duties and responsibilities.

18- Law enforcement personnel are educated on the fundamental values and principles of the democracy, the rule of law, the respect to the human rights, the protection of the fundamental rights and freedoms of the individuals, and the ethical principles of law enforcement .

 

  • THE RIGHTS OF THE LAW ENFORCEMENT PERSONNEL: 

19-Law enforcement personnel cannot be charged with duties except for the ones given by legislation. The law enforcement personnel, whose powers and responsibilities are identified clearly , carry out the legitimate orders of their superiors. An order, which in itself constitutes an offence,shall under no circumstances be executed.

20- Law enforcement personnel shall not be subjected to disciplinary penalties without being granted  the right of defense. Disciplinary decisions shall be subject to judicial review, except in cases prescribed by law. A law enforcement official alleged committing a criminal offense relating to his/her duty has the right to be represented and defended by a lawyer, and to a fair trial.

 

  • ACCOUNTABILITY AND SUPERVISION: 

21- The law enforcement personnel should always be personally liable and accountable to the society for their actions, neglegince and the orders they gave.

22- Law enforcement operations are subjected to supervision of executive, legislative and judicial organs that are within the scope of legislation.

23- All complaints done duly against law enforcement personnel are promptly and impartially investigated. The investigation is concluded in a way that no doubt raises about its efficiency and impartiality, and the investigation result is notified to the complainant.

24- Denunciations relating to the duty of law enforcement are also inquired carefully.

 

 

 LAW ENFORCEMENT IMPLEMENTATION AND INTERVENTION: 

25- Law enforcement personnel respect all individuals' right to life and other fundamental rights and freedoms mentioned in the Constitution,in execution of their duty.

26- Law enforcement personnel cannot subject anyone to torture, ill-treatment, inhuman, degrading or humiliating treatment or punishment. No reason can justify the legitimacy of torture.

27- The law enforcement personnel can not ristrict anybody's freedom with reasons and the methods prescribed by law.

28- Law enforcement personnel use balanced force to achieve a legitimate cause and when necessary.

29- Law enforcement personnel act respectably and honestly as their duty necessitates. In execution of their duty, they act impartially and do not discriminate among people.

30- The law enforcement personnel can not intervene into the individuals' private, except in cases prescribed by law.

31- Law enforcement personnel keep all professional secrets and all types of information they acquire unless its contradiction is stated in the legislation.

32- Law enforcement personnel pay great attention to the protection of information  related to the individuals’ private life or that may damage their personal rights; they can not reveal this information, except for legal obligation, and can not use it in favor of themselves or third parties.

33- Law enforcement personnel consider the conditions and needs of sensitive individuals such as the aged, handicapped and children, in their law enforcement practices.

34- Law enforcement personnel first express their their professional identity and show their identity under normal circumstances while they are executing their duty or intervening to a case .

35- Law enforcement personnel that act in accordance with professional honor and respectability take a position against all kinds of degeneration. In the case of confronting corruption and unlawfulness, they intervene those within their sphere of competence; they inform their superiors about situations that are not within their sphere of competence.

36- Law enforcement personnel do not derive benefit by using their duty, title and authority, in favor of themselves, relatives or third parties; they do not engage with activities of mediation and nepotism.

37- The law enforcement personnel can not accept presents and derive benefits due to their duty. All kinds of goods and gifts, accepted directly or indirectly, which affect or have the tendency to affect the impartiality, performance, judgement or duty of the law enforcement personnel , are in the scope of a present.

38- Law enforcement personnel can not use and make someone use public buildings, public vehicles and other public properties and resources except for the public cause and service necessity; they protect these and take necessary precautions to keep them ready to serve all the time.

39- Law enforcement personnel, without considering branch, place and time of the service, seize the crimes they encounter; they prevent the progression of the crime; they determine and preserve the suspects and the crime evidences and then hand them in to the competent law enforcement unit.

 

  • RELATIONSHIPS BETWEEN LAW ENFORCEMENT AND JUDICIARY: 

40- Law enforcement officials act respectfully to the independence and impartiality of the judiciary; they do not  object the decisions of the judicial authorities.

41- Recourse to judicial review shall be available against all actions and acts of law enforcement.

42-  Law enforcement personnel actively cooperate with judicial authorities in each phase of the investigations.

43- Law enforcement personnel respect the role that an attorney undertakes; and ensure that people under surveillance can effectively make use of their "right to benefit from the legal support of the defender" .

 

  • JUDICIAL INQUIRIES:  

44-  In case of existence of a reasonable doubt about a crime which has been committed or likely to be committed, a judicial inquiry is executed in compatible  with the order or decision of the competent authority according to the method prescribed in  legislation

45- Law enforcement personnel act in accordance with the principle that everybody accused with a crime is  innocent until their guilt is settled by a court decision.

46- Law enforcement personnel inform the individuals, arrested without considering discrimination among crimes, that they have the right to know their reason of arrest and to learn the claims about them, to remain silent, to inform someone they wants about their arrest,and to object the arrest.They also  immediately inform these individuals about the way they can enjoy these rights and the right of opposition and help them about the use of these rights.

47- Law enforcement personnel remind  victims and witnesses of their rights given by law and provide life safety to those under threat.

48- Law enforcement personnel conduct an investigation objectively and fairly; they respect the special conditions and needs of women, children, the aged and the handicapped.

49- Law enforcement personnel, if necessary, tell the process of  investigation to the parties in a language they understand, make them benefit from the interpreter if necessary.

50- Law enforcement personnel keep full records of individuals kept under surveillance or preserved.

51- Law enforcement personnel supply the security, health, hygiene and proper nutrition needs of the individuals kept under surveillance or preserved.

52- The individuals whose freedom is restricted for any reason other than the suspicion of committing a crime are kept separate from the suspects. Women who are under surveillance or whose freedom restricted are kept separate from men and the children from adults as well.

Jandarma ve Sahil Güvenlik Akademisi
İncek Şehit Savcı Mehmet Selim Kiraz Bulvarı
06805 Beytepe, Çankaya/ANKARA
Tel: 0 (312) 464 74 74 (Santral)
Fax: 0 (312) 464 46 77

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