About the Project

PROJECT SYNOPSIS

Project Title: Technical Assistance for Improvement of Civilian Oversight of Internal Security Sector Phase II
Project Type: Technical Assistance
Project Budget: EUR 3,519,712
Project Funds: Project is funded by European Union Delegation to Turkey.
Project Duration: 24 Months (July 2012-July 2014)
Main Beneficiary: Ministry of Interior-General Directorate of Provincial Administration
Target Groups: Governors and District Governors, Police, Gendarmerie, Coast Guard Command, Forest Enforcement, Customs Enforcement, Private Security Forces, respective Civil Society Organizations and Media
What is Technical Assistance for Improvement of Civilian Oversight of Internal Security Sector Project?  
This project seeks to harmonize Turkey’s internal security services with EU norms and standards, expand the democratic rights of Turkish citizens, promote transparency, and increase human-focused public security perceptions in partnership with the civil society. It also seeks to increase the effectiveness of the supervisory and oversight authority of the Ministry of Interior, Governors and District Governors over ISFs.
Why is Civilian Oversight necessary?  
Internal Security forces unlike other public officials have unique powers (arrest, search, tracing of communications etc.) which can directly interfere with individuals’ rights and freedoms. It is crucial to inspect units and personnel who are going to use this authority when developing service policies to be implemented, as well as processes of individual procedures and activities. Oversight and control by civilian authorities over ISFs presents a special opportunity for protecting human rights and freedoms and enhancing democratic rights.
What is Civilian Oversight and Who is Responsible?  
Although present in the USA and Europe over the past 40 years, civilian oversight is a new concept in Turkey. Owing to the fact that the concept is new and its definition and general framework largely unknown, wrong perceptions and approaches have arisen. The most common of these misperceptions is that civilian oversight implies that security forces (police, gendarme, coast guard and other law enforcement units) are to be supervised by non – governmental organizations or citizens.
Although no widely accepted definition exists at the international level, the concept of “civilian oversight” can be defined as follows: “Multi-layered and continuous follow – up on law enforcement agencies and their activities and policies constituting the basis of these by civilian authorities”. While the word “Civilian” means “not police nor soldier”, “Civilian authorities” refer to parliament, government, jurisdiction, “organizations which are independent from government” (right defenders, ombudsman, independent police complaints mechanism etc.) in some countries and, in others, citizen groups (such as human rights board members) officially recognized by public authorities to oversee at a limited level (e.g. detention rooms).
As can be seen from the definition above, civilian oversight does not only include human rights violations at the individual level (wrong attitudes of law enforcement agencies with excessive use of force or their illegal behaviors) but policies at the institutional level as well.
Main Objectives of the Project 
The Project for Improvement of Civilian Oversight of Internal Security Sector has three main objectives:
  • To guarantee the exercise of democratic rights and individual rights and freedoms by citizens.
  • To ensure effective supervision and auditing powers of Ministry of Interior, Governors and District-Governors on law enforcement agencies.
  • To build a transparent, participatory and citizen – focused civilian oversight system.
Project Targets  
Project Targets for Improvement of Civilian Oversight of Internal Security Sector are as follows;
  • To constitute a general understanding between law enforcement agencies and non – profit organizations on the concept of civilian oversight,
  • To constitute an effective legal framework of civilian oversight within the scope of EU sample practices and project outputs.
  • To increase institutional capacity of the Ministry of Interior in order to ensure effective supervision of internal security units.

General Outcomes of Improvement of Civilian Oversight of Internal Security Sector Project Phase I:  

The 1st phase of the project has been implemented by the Ministry of Interior with the assistance of the United Nations Development Program (UNDP) and funded by the European Commission (EC) from December 2008 until May 2010.
Achieved outcomes of Phase I are outlined below:
  • Handbook for Governors and District Governors on Civilian Oversight of Internal Security Forces: In cooperation with academics, the “Handbook for Governors and District Governors on Civilian Oversight of Internal Security Forces” has been prepared. It compiles the current duties and powers of Governors and District Governors on civilian oversight of ISFs and protection of human rights. These powers which are scattered in different legal texts are compiled in one book. The handbook is supported by a “checklist” which allows to oversee the duties given by law and performed by civil administration authorities.
  • Draft Memorandum: A draft memorandum has been prepared which summarizes fundamental issues in the Handbook for Governors and District Governors and clarifies all duties and powers of Governors and District Governors according to current laws related to law enforcement bodies.
  • Draft Law Outline: A proposal has been presented to the Ministry of Interior in order to overcome controversial verdicts on other related legislations (such as, 3201, 2803) in the Provincial Administration Law no. 5442.
  • Report: In total 60 reports, among which 19 in Turkish, have been prepared on all aspects of the Project in diversified subjects.
  • Reference Documents: Comprehensive ‘reference documents’ emanating from project outputs have been prepared. These contain a summary of the project’s most important findings and suggestions.
  • Training Programs: Public officials and members of civil society have been brought together in diverse meetings; 220 law enforcement and civil administration officials have participated in training programs and over 800 people have been informed about the concept of civilian oversight and its best practices.
  • Local Security Commissions:Temporary advisory structures known as District Security Commissions have been established in pilot provinces under the leadership of Governors and District Governors. They are based on the participation of citizens and civil society to ensure a citizen oriented service by Internal Security Forces.
  • Making a Clear Distinction between Internal and External Security: There is no “internal security” concept in the current legal framework. The absence of this concept has therefore resulted in the merging of responsibilities between internal and external security.
  • Increasing Consultation with Civil Society: Deputy Governors/District Governors will chair Local Security Commissions and these commissions will be composed of public institution officials, law enforcement high level officials and civil society.
  • Outline of ‘Draft Law Enforcement Law’: Academics have studied the outline of the ‘Draft Law Enforcement Law’ and obtained feedback from Ministry of Interior Officials in order to conduct all law enforcement authorities under a single “regulation framework”. This study aimed at modifying the relationship between law enforcement bodies and the Ministry of Interior at the central level and Governors and District Governors at the local level. It also sought to identify internal security sectors for law enforcement bodies in order to designate fundamental activity principles and status and to fulfill the legal definition of commitment relative to law enforcement bodies at the Ministry of Interior level. The outline has been prepared with regard to the Constitution of the Republic of Turkey, the Declaration of Council of Europe on Law Enforcement Bodies and the “Code of Conduct for Law Enforcement Officials” which is published by the United Nations General Assembly.

the Second Phase of the Project is Built on the Foundations of the First Phase: 

The second phase sets more ambitious goals such as strengthening the capacity of the MoI at the central level, including the gendarmerie in civilian oversight, pursuing the legal aspects and supporting the preparation of new legislation in the internal security sector.
The Second Phase will strengthen Local Security Plans and Local Security Commissions. Scaling up of the number of pilot cities will also increase the capacity of the MoI at the local level. Furthermore, the second phase offers an operational implementation strategy for the “best mechanism for civilian oversight for MoI at the central level”.
In addition, the Second Phase will conduct studies and recommend propositions on MOBESE applications with regard to personal rights and freedoms, and structure and personnel training of Private Security Organizations.

Project Components: 

The Project is composed of 3 components:
Component A – Legislative Framework: This component is geared towards revising and developing a legislative framework which will enable MoI and the civil administration authorities (Governors and District Governors) to exercise effective civilian oversight over public and private law enforcement bodies.
Component B – Capacity Building: This component aims at increasing the institutional capacity of the Ministry of Interior and the civil administration authorities (Governors and District Governors) with the conceptual and institutional tools and resources to strengthen civilian oversight and to meet the EU standards for human rights protection.
Component C – Civil Society and Media: This component is geared towards installing a set of mechanisms to have independent and more effective oversight over law enforcement bodies and strengthen the consultation with civil society.

Project Activities: 

Component A: Legislative Framework
  • Benchmarking and review of the existing legislative framework and obstacles in order to exercise effective oversight functions over the law enforcement bodies (Output: gap analysis report + recommendations)
  • Review and comparison of the laws, organization and functioning of governorate and district governorate between Turkey and two EU countries in order to increase their institutional capacity at the local level (Output: gap analysis report on institutional capacity of governorates and district governorates + recommendations)
  • Review of the necessary institutional structures proposed to the Ministry of Interior including draft organigrams for enhanced civilian oversight in line with EU best practices (Output: gap analysis report on the institutional capacity of the Ministry of Interior + recommendations).
  • Review and analysis of the regulatory system of the private security industry in Turkey so that human rights are fully guaranteed not only in the public but also the private sector (Output: a gap analysis of the private security sector legislation in selected EU countries and Turkey).
  • Benchmarking and review of preventive policing trends in selected EU countries’ and Turkey’s legislation with a view to enhanced civilian oversight (Output: comparative analysis of selected EU countries and Turkey).
  • Review of the concept of judicial policing and preventive policing of the Internal Security Sector to examine the regulatory framework of selected EU members (Output: comparative analysis of selected EU countries and Turkey).
  • Benchmarking and review of the video surveillance regulatory framework and mechanisms in selected EU countries and Turkey (Mobil Elektronik Sistem Entegrasyonu - MOBESE) with a view to enhanced civilian oversight (Output: gap analysis of the video surveillance regulatory framework and mechanisms in selected EU countries and Turkey).
  • Develop legislative proposals to ensure an effective civilian oversight by the Ministry of Interior at central and local levels (Output: Internal Security Legislation Package)
  • Submit the developed legislative proposals to the Ministry of Interior
  • Analyze the ECHR rulings regarding Turkey concerning the actions of internal security forces. This will be an analysis of the consequences of rulings of the HR court of the Council of Europe regarding Turkey and will focus on the learning procedures (or the reasons for their absence) existing in Turkey after the Court’s rulings. It aims to remedy the identified problems by the CoE so that repeat rulings on identical cases against Turkey decrease. (Output: an analysis on the effects in Turkey of HR Court of the Council of Europe rulings against Turkey)
  • Develop a regulatory framework for establishing Local Security Plans nationwide and define the remit, competences and membership of Local Security Commissions to function under the steering of the governorship (see below, institutional capacity building at local level). The regulation aims at equipping the governorates and district governorates with the capacity to plan and steer local security policies and consult civil society while producing local security plans(Output: regulation for establishing local security plans and commissions).
Component B: Capacity Building
B1: Institutional Capacity Building
  • Prepare required analysis for developing provincial crime maps
  • Prepare analysis study about security perception and civilian administration
  • Research and analysis of public perceptions of problems and satisfaction towards the service provided by ISFs through systematic local surveys in each pilot site to observe public perceptions (output: public perception and satisfaction survey report).
  • Identify needs through consultation with all pillars of the ISFs with respect to being “citizen focused” (output: needs assessment report).
  • Prepare a report on the selection and training of top ISF chiefs in Turkey and selected EU countries (output: report on the selection and training of top ISFs in Turkey and selected EU countries).
  • Prepare a feasibility study and a policy recommendation paper for the establishment of a joint academy for ISFs top chiefs in order to promote a common culture across all forces (output: A practice note on the establishment of a “joint academy” for ISF chiefs)
  • Analyze the capacities of strategic units in charge of ISFs in Turkey and selected EU countries that have good practices and mechanisms (monitoring, research, planning, strategic coordination) (output: Analysis of Strategic Planning by MoIs in Selected EU Countries).
  • Prepare a proposal on the “best mechanism for ISFs oversight by the MoI” (principles, aims, functioning, organization) (output: Proposal on the best mechanism for ISFs oversight).
  • Prepare a guidance note on "efficient prevention tactics" for improving the services of ISFs to be more citizen focused and in line with universal human rights (output: Guidance Note on Efficient Prevention Tactics).
  • Prepare a proposal for an institutional set-up for local security commissions for increased civilian oversight (output: Proposal for the Institutional Set up of Local Security Commissions).
  • Conduct a needs analysis for staffing of new structures (output: Report of the Needs Analysis).
B2: Strengthening Human Resources
  • Provide training to minimum 500 ISF staff in relation to processing citizens complaints about law enforcement officers, personal data protection and public perceptions about law enforcement officers (output: training curriculum, training reports).
  • Provide training to minimum 500 staff of the private security sector with a view to enhanced civilian oversight based on the outputs of the review under Component A (output: training curriculum, training reports).
  • Provide training of trainers programs to minimum 30 selected staff on establishing local security plans (output: training curriculum, training reports).
  • Provide training to minimum 500 deputy governors and district governors, police and gendarmerie officials and civil society organizations in the selected pilots about prevention of crime through a partnership approach that is inclusive of citizens inputs (output: training calendar and program, training reports).
  • Organize a seminar on adapting EU good practices to Turkey for introducing “best mechanisms” of civilian oversight (output: seminar report on best mechanisms of civilian oversight).
  • Organize a seminar on adapting EU good practices to Turkey for the establishment of a joint academy (output: seminar report on the establishment of a joint academy).
  • Organize minimum three regional conferences and seminars for ISF to present and discuss the major outputs of the project (output: seminar and conference reports).
  • Conduct five study tours, one for each major focus of the project (output: study tour reports).
Component C: Civil Society and Media
  • Baseline study including identification of obstacles to Parliamentary oversight in Turkey followed by a review and analysis of best practices of parliamentary oversight of ISFs in selected EU Member States including 1 study visit (output: Analysis of best practices of parliamentary oversight)
  • A minimum of 5 parliamentary meetings and discussions on civilian oversight held with the participation of 30 Members of Parliament (output: Report of the parliamentary discussions on civilian oversight)
  • Facilitate setting up of local security commissions at 8 pilot sites in 5 provinces and arrange a minimum of 20 meetings of Local Security Commissions involving civil society representatives and joint conclusions reached (output: Reports of the meetings with local security commissions).
  • Conduct an internationally standardized opinion poll on level of satisfaction and confidence of the citizens concerning ISFs
  • Organize 1 national discussion forum and 8 provincial roundtables with the media and civil society organizations (output: Report of the forum and roundtables).
  • Organize minimum 128 awareness raising events for the civil society for all 8 pilot sites and create an information network among pilots (output: Establishment of a coordination and information sharing network).