Gendarmerie’s submission to civilian control hits snag

"We [the TSK] can say that a change was made in regulations relevant to the duties of the JGK without fully consulting the JGK," Gen. Gürak said.

The progress report on Turkey published by the European Union on Nov. 5 last year stressed that no progress had been made in the EU-candidate country on enhancing civilian control over the gendarmerie insofar as it is engaged in law enforcement activities.

The 1997 "EMASYA" secret protocol on security, public order and assistance units remains in effect and has not been amended. The protocol allows military operations to be carried out for internal security matters under certain conditions without authorization from civilian authorities, the report added.

The new regulations were made to meet EU standards and bring the JGK under civilian control. They give governors in cities and their deputies in townships power to decide where the gendarmerie and police forces will operate in the execution of their internal security duties. The JGK and police officials will take part in a commission headed by the local authorities in deciding over the areas of responsibilities of the JGK and the police.

The police are responsible for security and public order in urban areas. The JGK's sphere of responsibility is outside that of the police force and lies in rural areas outside urban boundaries, as well as in areas lacking a police force. The JGK is responsible for maintaining public order across 91 percent of Turkey's land surface.

The new regulations are also aimed at addressing an increase in urbanization that has made the JGK's presence in some areas obsolete. Some rural areas that were previously under JGK control have been included in the municipalities as a result of urban growth.

The basic law concerning the JGK is the Law on the Establishment, Duties and Jurisdiction of the Gendarmerie (No. 2803), which went into effect on Oct. 3, 1983.

Turkey's gendarmerie, a paramilitary force operating, in theory, jointly with the police to ensure law and order, has long been under pressure to restructure itself and act under the orders of the civilian authority and not the Turkish military. Theoretically, as far as security and public order services and duties are concerned, the JGK is a military security force operating under the Interior Ministry in times of peace and under the command of the land forces as part of the TSK in times of war.

In practice, however, the JGK is a component of the TSK operating under the command of the General Staff, as confirmed by its duties in the TSK's organizational precepts and budget, promotion, personnel training and education systems. Due to the blurred boundaries of its structure, the JGK's peacetime duties suffer serious weaknesses.  

Established in 1839 as a military organization, the JGK has over 300,000 personnel, the majority of whom are enlisted under Turkey's compulsory military service.

The JGK previously raised its opposition to the draft National Program approved by Parliament in December last year that listed reforms which must be made to meet EU standards, including civilian control of this paramilitary force.

On Oct. 26 last year the Taraf daily published a letter by Gen. Mustafa Bıyık, head of the JGK, to the Interior Ministry that opposed the full civilianization of the internal security duties.

The JGK's reputation has also long been tainted by allegations surrounding JİTEM, a gendarmerie intelligence unit the existence of which the gendarmerie denies. Retired Gen. Veli Küçük, who was jailed early last year after he was captured in a police raid as part of the investigation into Ergenekon, a criminal network charged with plotting to overthrow the government, said in a statement that he was the founder of JİTEM.

JİTEM is alleged to have links to around 17,000 unsolved murders in the country. There are now expectations that JİTEM's involvement in alleged illegal activities will be probed as part of the Ergenekon investigation.