Turkey: Regulation of 1995 in Respect of Belligerent Foreign Army Members Admitted to Turkey

PART ONE - Purpose, Scope, Legal Reasoning, Definitions

Article 1 - Purpose

The purpose of this regulation is to establish the procedures and principles regarding the surveillance, protection, transportation, accommodation, clothing, food, medical treatment and examination, disciplinary and punishment procedures, repatriation and financial matters of admitted Belligerent Foreign Army Members, who come from an armed conflict to which Turkey is not a party, and the [principles and procedures of] hand-over of camps to the Red Crescent; the aforementioned services shall be provided from the date the said persons enter Turkish territory until the date they are repatriated or resettled to another country.

Article 2 - Scope

This regulation shall comprise the measures to be taken, the rules to be enforced, principles to be applied, and the competent authorities in respect of Belligerent Foreign Army Members admitted to Turkey.

Article 3 - Legal reasoning

The preparation of this regulation is based upon the Law on Belligerent Foreign Army Members Who Take Refuge in Turkey, number 4104, and the Convention on Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, number V, which was ratified in the Hague on 18/10/1907.

Article 4 - Definitions

a) "Belligerent Foreign Army Members": an army member admitted to the country or captured in the country and whose armed forces are at war or engaged in armed conflict with a third country,

b) "Admitted Persons": Those Belligerent Foreign Army Members who have entered Turkey.

PART TWO - Principles

Article 5 - Duration of protection

Persons admitted to Turkey, shall be under the protection and supervision of the Government from the date they enter Turkish land, air or sea borders, until their repatriation or resettlement to another country or until the procedures for their permanent stay have been finalised.Those Admitted Persons those who act in a hostile manner shall not enjoy the rights granted by this regulation and shall be subject to a legal procedure.

Article 6 - The treatment of Admitted Persons

As a matter of principle, no procedures which offend the dignity of Admitted Persons shall be implemented.

Those who have been admitted shall be treated equally according to the principles set out in this regulation, with no discrimination being permitted on account of language, race, colour, nationality, religion, or political opinion or thoughts, apart from special treatment granted for reasons of rank, gender, or health conditions.

Article 7 - Granting Admitted Person status

Admitted Person status shall be granted to those who have crossed Turkish land, sea or air borders under the following conditions:

a) where the Belligerent Foreign Army Member is a citizen of a State, which is in war or engaged in armed conflict,

b) where the Belligerent Foreign Army Member is a member of the regular armed forces of his country, and is able to prove this with identity cards, documents, military decoration, tokens or similar identification.

PART THREE - Surveillance, Interrogation and Medical Examination

Article 8 - Surveillance

In order to ensure their protection and security, those who are admitted shall be placed under surveillance immediately, by the Turkish Armed Forces or Security Forces, from the moment they have been handed over.

Article 9 - Interrogation

Admitted Persons shall be interrogated, by the interrogation committee, either in their mother tongue or in a language they understand. During the interrogation, Admitted Persons are obliged to give their names, surnames, place of birth, date of birth, ranks, registration numbers and the unit to which they belonged. Under no circumstances shall such persons beoppressed, mistreated or tortured either physically or mentally to obtain information. Those who do not give the aforementioned information, may not enjoy the rights granted by this regulation to their equivalent in rank and status.

Article 10 - Medical examination

Admitted Persons shall firstly be put into quarantine in temporary accommodation centres. After the quarantine period, an assessment of their health condition shall be prepared and placed in their personal files.

PART FOUR - Establishment of Camps and their Administration

Article 11 - Establishment of Camps

In order to accommodate the admitted Belligerent Foreign Army Members, temporary accommodation centres and camps shall be arranged and established by the Turkish General Staff in conjunction with the Ministry of National Defence.

Article 12 - Camp Staff Lists

Temporary accommodation centres and camp staff lists, shall be determined by the Turkish General Staff in coordination with the Ministry of Defence.

Article 13 - Duty and Authority

Temporary accommodation centres and camps shall be managed by an army officer from the Turkish Armed Forces. The Commander of the camp shall take all actions necessary to inform Admitted Persons principles and procedures of this regulation and ensure their observation thereof.

Article 14 - Appropriateness of accommodation

Temporary accommodation centres and camps shall be established with conditions considered appropriate. While accommodating Belligerent Foreign Army Members, special care shall be given to their traditions and customs.

Article 15 - Protection and Discipline

The Turkish Armed Forces shall establish protection and discipline in the temporary accommodation centres and camps, and shall take precautionary measures to fulfill their responsibilities under the provisions of the Law on Turkish Armed Forces Internal Services and The Regulation of Turkish Armed Forces Internal Services, numbered 211.

Article 16 - Observation Committee

An Observation Committee shall be established, with the Commander as its chairman.The Observation Committee shall be composed of a senior admitted Belligerent Foreign Army Member who shall be selected among them, the camp's disciplinary officer, an intelligence officer, a sports officer/noncommissioned officer, the camp's doctor and an accountant.

Article 17 - Duties of Observation Committee

The following are the Observation Committee's duties:

a) Distributing allowances and goods and pecuniary assistance to those entitled.

b) Determining hours of rest, medical examinations, work, and sport for Admitted Persons, the kind of entertainment which will be provided, and permitting them to work inside the camp for their own benefit.

c) Preparing menus, arranging meals and bathing times, checking and inspecting the refectory and the food.

d) Inspecting and following up issues regarding the canteen, if a canteen has been permitted.

Article 18 - Visits of Foreign Governments and International Organization Representatives

Temporary accommodation centres and camps can be visited by delegates or representatives of Foreign Governments and International Organizations, with the permission of the Ministry of National Defence pursuant to the approval of the Ministry of Foreign Affairs. These representatives or delegates can interview the Admitted Persons either directly or through an interpreter.These visits can be temporarily restricted or prohibited only for reasons of military necessity.

PART FIVE - Procedures to be applied to Admitted Persons

Article 19 - Identity tag and record

Three copies of Identity tags and records prepared in Turkish, English and their own language shall be filed in alphabetical order for those who have been admitted to temporary accommodation centres and camp command. They shall be issued with an identity card which will state their name, surname, date of birth,

place of birth, rank and identity tag.

Article 20 - Personal file

A file shall be kept for every admitted person.

The file shall contain:

a) General information regarding the identity tag.

b) A list of personal belongings, taken under the condition ofbeing returned.

c) A list of confiscated belongings.

d) An allowance document

e) A cash account document

f) A medication and private treatment card.

g) A pledge document

h) A disciplinary and punishment card.

Article 21 - Limitations imposed on the freedom of movement

Admitted Persons may be required not to cross camp borders or move beyond a certain distance.

Among Admitted Persons those who swear upon their honour before the Observation Committee, not to leave our country without permission, not to reside in the embassy and the consulate buildings of their countries, and not to serve for the official departments of other states and be in contact with them, may be released by the Turkish General Staff pursuant to the opinion of Ministries of Defence, Interior and Foreign affairs. The limits to be imposed on their freedom shall be determined and notified to those concerned by the Turkish General Staff. The documents regarding the Limits of Freedom and Undertaking shall be kept in their personal files.

In order to provide follow up and control for those who have been released and for those who have been permitted to travel within the country, the Turkish General Staff shall notify the matter to the Ministries of Defence, Interior and to the Under Secretariat of the Turkish Intelligence Service.

Those who do not comply with the principles and practices set out above and who try to escape or manage to escape and those who, having been released on an undertaking, do not comply with the stated rules and limits to their freedom, shall lose their rights of liberty and shall be confined within the camps.

Article 22 - Public contact and receiving of visitors

Principles regarding Admitted Persons' contact with local inhabitants and conditions for receiving visitors shall be determined by the Turkish General Staff.

Article 23 - Freedom of religion

Provided that the disciplinary rules set by camp command are observed, Admitted Persons shall be free to practice the ceremonies of, and to worship in, their religion or sect. For this purpose, suitable conditions and places shall be established for prayer as the situation permits.

Article 24 - Entertainment, sports and games

Academic, entertainment and sports activities of those who have been admitted shall be encouraged and organized as the situation permits. To this end, suitable places and equipment shall be allocated and the necessary measures shall be taken in order to carry out the above mentioned activities.

Article 25 - Military belongings

All sorts of weapons, military equipment, ammunition, vehicles, brought in by Admitted Persons, from the state of which they are a citizen, shall be appropriated by the Turkish Armed Forces in exchange for a document. Without being subject to any other procedure, these shall be kept until the end of the conflict or war, in order to be returned to the [Admitted Persons] in accordance with an agreement which shall be made with the concerned state. In order to preserve the [equipment], all necessary transportation, packing, and maintenance expenses shall be covered by the Ministry of National Defence.

Article 26 - Personal belongings

Admitted Persons may be allowed to carry their gas masks and helmets together with all their unprohibited belongings after these have been proven not to be harmful to public health or the environment. This shall be confirmed by hygiene inspections conducted when necessary in accordance with Turkish law. Any of these belongings which are prohibited to be carried or kept according to Turkish law, shall be confiscated without the owners being subject to any legal procedure or punitive sanctions, and shall be dealt with as state property.

Article 27 - Protection and return of money and valuable belongings

The Observation Committee may appropriate the Admitted Persons' money in exchange for a receipt, after having recorded the persons identity and the amount of money in a special note book. The bill shall include the name, surname, rank and unit of the person who has issued the receipt.The money or the amounts converted to money shall be recorded in the Admitted Persons credit account.

Valuable belongings of Admitted Persons may be appropriated in accordance with the procedures governing money, for reasons of security and discipline.

Camp command shall protect valuable belongings, money and valuable documents convertible into money. If Admitted Persons are repatriated, resettled in another country, allowed to stay in Turkey or if they require them, then their belongings shall be returned to them in exchange for the receipt.

Article 28 - Food

Admitted Persons shall be fed in accordance with the soldiers daily ration of food determined by the Law of Military Rations and Fodder, dated 12/9/1330.If this is not possible, the monthly cost of soldiers' daily rations shall be paid in cash according to the 4th article of the Regulation Regarding The Payment Of Rations to Some of the Public officials and the Law on Payment of Rations to Some of the Public Officials, numbered 2155.

Article 29 - Clothing

Considering the climate of the camp site, Admitted Persons shall be given a sufficient amount of clothing and shoes according to the procedures set by the Ministry of National Defence in conjunction with the Turkish General Staff. If they wish, Admitted Persons may wear their uniforms or casual clothes within the camp. Released persons shall be permitted to wear only their casual clothes outside the camp.

Article 30 - Providing accommodation, food and clothing

All expenses regarding transportation, accommodation, food, clothing and health for the Admitted Persons shall be met by the Ministry of Defence.

Article 31 - Allowances

Admitted Persons shall be given an allowance which will be calculated by multiplying the below mentioned figures with the coefficients applied to the salaries of public employees. These allowances shall not be subject to any reduction other than income and stamp taxes.

RankDenominator

General1000

Admiral

Colonel 800

Lt. Colonel 700

Major600

Captain 500

First lieutenant400

Sec.Lieutenant300

Non. Com. Officers250

Soldiers150

Article 32 - Canteens

Camp command may give permission for the opening of a canteen in the Camp. The canteens shall be managed under the provisions of article 106 of the Law on Turkish Armed Forces Internal Services, numbered 211. Purchasing shall be in Turkish currency.

Article 33 - Medical Examinations

The Admitted Persons shall be granted a medical card and shall be given regular medical examinations at least once a month.These examinations shall be made with the intention of checking general health, nutrition and hygiene. In the event of an illness, all necessary measures shall be taken by camp command. In case of contagious disease, in addition to the [all necessary] preliminary measures being taken, the situation shall be notified to the competent authorities.

Article 34 - Medical Visit

Admitted Persons who report illnesses shall be sent by the cell or room orderlies with medical inspection booklets to medical inspection areas during medical examination times. Camp command shall be informed of the results of the medical examinations by means of a medical report. Those receiving outpatient treatment shall be provided with the [necessary] treatment by obtaining medication.

Article 35 - Preventive Health Measures

In order to prevent contagious diseases, camp command shall take every possible measure to keep the camps healthy and clean.

Article 36 - Infirmary

In every camp an infirmary shall be established for the necessary examinations and treatment of Admitted Persons. In addition, when necessary, isolation places shall be allocatedfor those who have a mental or contagious illness.

Article 37- Hospitalization

For those who have been infected by a serious illness, or whose health situation requires special treatment, an operation or hospitalization shall be subject to a procedure corresponding to similar cases of the Turkish Armed Forces in accordance with the provisions of the relevant Regulation and the Law on Turkish Armed Forces Internal Services numbered 211.

Article 38 - The right of private medical examinations

Admitted Persons have a right to apply to private health institutions for medical examinations, provided that they pay their own expenses. Should camp command require, the health institution shall issue a medical report regarding the patient and stating the kind and duration of the treatment and the kind of illness diagnosed.

Article 39 - Continuation of Surveillance

The patient shall be under observation during treatment, both in infirmaries and hospitals.

Article 40 - Death and burial

If an Admitted Person who dies is a citizen of a country which has [diplomatic] representation in Turkey, and that representation has no objection, the deceased shall be buried either in designated burial grounds within certain cemeteries of the country or, if existing, in their own cemeteries, according to the rituals and the faith of the deceased. The deceased shall be buried with a ceremonies corresponding to their equivalence in rank within the Turkish Armed Forces.Every grave shall be clearly marked with the identity of the person buried within it, and a scale plan of the cemetery shall be kept. Furthermore, the identities of the dead shall be communicated to relatives through the [diplomatic] representation in Turkey.

Article 41 - Communication

Means of communication for Admitted Persons with their relatives shall be provided as much as possible.However, communication shall not be unrestricted.Letters in any language and parcels sent or received by Admitted Persons shall be inspected by camp command.

Those who are unable to receive information from their relatives for a long period of time shall be allowed to send a cable.However, the fees shall be paid by them or shall be debited from their accounts.

It is a general rule for them to correspond in their own official language, however, camp command may permit them to correspond in other languages.

Sacks containing Admitted Persons' letters and similar documents shall be sealed by camp command and a list stating the contents and addresses shall be prepared and submitted to post offices.

Letters, cards, cables, newspapers and similar documents shall be received by persons responsible who have been assigned by camp command. After inspection, the persons responsible shall distribute the aforementioned items to their owners.

Article 42 - Sending aid

Food, clothing, medicine, materials for religious education and entertainment can be sent to the Admitted Persons both by postal and other means.

Goods which are not prohibited, sent by Foreign Countries and International Organizations for aid, shall be distributed among the Admitted Persons.Goods which undergo a hygiene control shall not be subject to any registration.

Article 43 - Exemption

Whether or not Admitted Persons are exempt from tax, duty, charge and fund payments shall be stipulated by relevant legislation.

Article 44 - The right of complaint and request

Admitted Persons shall have the right to address complaints and requests about the conditions to which they are subject to camp command. Their rights of complaint and request shall not be limited in any way. Those complaints and requests deemed appropriate shall be acted upon.

PART SIX - Disciplinary and Punishment procedures

Article 45 - Legislation to be applied

During disciplinary and punishment procedures, the provisions of the Law and Regulation regarding the staff of the Turkish Armed Forces shall be applied as far as possible.

Article 46 - Discipline, Judicial investigation and punishment

If the acts of Admitted Persons are considered to fall under the administrative authorities' jurisdiction they shall be subject to disciplinary measures.

With respect to judicial investigations, Admitted Persons shall be subject to the Military Penal Code numbered 1632 and Law on the Establishment of Military Courts and Judicial Procedures numbered 353.General provisions shall be applied to those who have been released from surveillance and permitted to stay in the country. Punishment and measures other than the ones determined and assigned for the staff of the Turkish Armed Forces by the Turkish Military authorities and courts can not be applied to the said persons.

Article 47 - Execution of the punishment

The disciplinary punishment and imprisonment provisions of Admitted Persons shall be carried out according to the procedures applied to the corresponding staff of the Turkish Armed Forces.

PART SEVEN - Financial Issues

Article 48 - Payment Instructions

Payment instructions arranged in order to fund camp expenditure from the Ministry of National Defence's budget, shall be sent to the relevantmilitary accountancy, finance or commodities directorate on behalf of camp command. Financial procedures related to transportation, accommodation, food, clothing, medical treatment and similar matters, and spending of the above mentioned funds, payment orders, and payment shall be carried out according to the enacted legislation.

Article 49 - Related Accountancy Office

The related cash accountancy office which supports camp command shall be assigned by the Ministry of Finance upon the recommendation of the Turkish General Staff and the approval of the Ministry of National Defence.

PART EIGHT - Repatriation and Remaining in Turkey

Article 50 - Repatriation

At the conclusion of war or armed conflict, repatriation ofAdmitted Persons to their country of origin shall be effected as soon as possible by the Ministry of Interior at the request of the Turkish General Staff and in conjunction with the Ministries of National Defence and Foreign Affairs.

Article 51 - Extension of residence permission

Residence permission granted to Belligerent Foreign Army Members who request residence permission in order to go to another country, may not be extended if after having been given reasonable time, the [such] foreigners are still not able to go to a third country. Foreigners in such situations shall be summoned to leave the country.

Article 52 - Non-Deportation and Non-Refoulement

As long as they retain their status, Admitted Persons shall not be deported or refouled to their country of origin or to states where it is considered that their lives and freedom may be endangered because of race, religion, language and nationality, gender or similar reasons.

However, those Admitted Persons who endanger our national security, pending their repatriation or resettlement to a third country, by means of anarchy, espionage, disturbance of security or public order, sabotage or dangerous propaganda, may be deported following a decision of the Ministry of Interior.

PART NINE - Various provisions

Article 53 - Temporary appointment

When there are not sufficient levels of personnel in the Turkish Armed Forces, civilian experts may be assigned temporarily, by the competent ministries and the public institutions on the recommendation of of the Turkish General Staff and at the request of the Ministry of National Defence, to undertake tasks in camps. Temporarily assigned personnel shall be paid according to provisions of the Law on Allowances Number 6245.

Article 54 - Hand-over of Camps to the Turkish Red Crescent Association

The administration of procedures and work regarding the accommodation, food, clothing, health, [medical] examination and treatment of Admitted Persons may be handed over to the Turkish Red Crescent Association at the request of the Ministry of National Defence.Actions undertaken toward fulfilling and accomplishingthe tasks and procedures that arise during the hand-over shall be carried out according to a protocol to be established on the recommendation of the Turkish General Staff between the Ministry of National Defence and the Red Crescent.

Article 55 - Private agreement regarding reimbursement of expenditure

Expenses incurred in respect of Admitted Persons covered by this regulation, and those arising out of maintenance of weapons, equipment, ammunition, materials and military belongings shall be met by the concerned state, as a result of an agreement concluded with the state which is at war or engaged in armed conflict.

Article56 - Coordination

The task and responsibility for securing coordination between competent ministries and public institutions regarding the procedures set out in this regulation for Admitted Persons, shall rest with the Ministry of National Defence. Within the limits of this task and responsibility, the Ministry of National Defence may arrange a protocol with ministries and public institutions.

Article 57 - Entry into force

This regulation shall enter into force on the day of its publication.

Article 58 - Implementation

The Council of Ministers is empowered to implement the provisions herewithin.