State Intelligence Service And National Intelligence Agency Law Amending Law In

Original Language Title: DEVLET İSTİHBARAT HİZMETLERİ VE MİLLÎ İSTİHBARAT TEŞKİLATI KANUNUNDA DEĞİŞİKLİK YAPILMASINA DAİR KANUN

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k6532.html

Law No. 6532

Acceptance Date: 04/17/2014
Article 1 dated 11.01.1983 and numbered 2937 State Intelligence Services and the following paragraph to the first paragraph of Article 4 of National Intelligence Law was added, and the first sentence of the second paragraph is amended as follows.
"H) external security, the fight against terrorism and fulfill the duties of the Council of Ministers on matters relating to national security.
I) foreign intelligence, national defense, counter-terrorism and international crime and cyber security issues of all kinds of technical intelligence and human intelligence procedures, through the use of tools and systems, information, documents, reports and collect data, record, analyze and produce intelligence to bring the necessary organizations.
J) intelligence capacity, and to investigate the nature of modern intelligence procedures and methods in order to increase its effectiveness, technical innovations and ensure approved. "
"The National Intelligence Agency to be given tasks beyond these tasks."
Article 2 of Law No. 2937 is located in the fourth paragraph of Article 5 of the "undersecretary of the ministry" to "secretary of the relevant ministry" has been changed to.
ARTICLE 3 2937 numbered first and third paragraphs of the Law Article 6 be amended as follows, in the sixth sentence of the second paragraph "This process," to come after the phrase "established by the MIT center or" will be added, and in the last sentence " center "to" centers "as amended, annulled the last sentence of the sixth paragraph and the following paragraphs have been added to come after the tenth paragraph.
"National Intelligence Organization uses the following powers when performing their duties under this Act:
a) domestic and foreign all kinds of institutions and organizations, all to establish direct relationships with organizations or entities and persons may apply the appropriate method of coordination.
B) public institutions and organizations, professional organizations qualifying as public institutions, dated 19/10/2005 and 5411 within the scope of institutions and other legal persons and entities without establishment of information, documents, collect data and records them of the archives, you can benefit from electronic data processing centers and the communication infrastructure and establish contact with them. Who made the request in this context, the execution of the request with the reasoning of the provisions of its own legislation can not avoid.
C) 5237 dated 26/9/2004 Part Four of the Turkish Penal Code Second Book Four, Five, Six and Seven Located in the crime section (318, 319, 324, and 325 with the exception of Article 332) for investigation and statements in the minutes of proceedings can access all kinds of information and documents, take samples from them.
D) exercising their functions secret working procedures, you can use the principles and techniques.
E) to change the assignment of the identity of intelligence activities, you can take all kinds of measures to conceal the identity, establish legal entities. Establishing the identity of the legal entity or establishment and in case of necessary documents required to be maintained, records and documents can be prepared with tools and equipment, you can modify and use.
F) Foreign country entry and exit visas, residence permits and work on issues such as deportation to, request from the relevant institutions and organizations.
G) the foreign intelligence channels of telecommunications, national defense, terrorism and international crime can collect data related to cyber security.
H) Foreign elements may make efforts to prevent activities threatening the security of the country and its citizens communication, request from the relevant institutions and organizations.
I) remit or take a polygraph to determine the reliability and suitability of persons involved in the myth application can use the testing techniques and methods.
J) MIT members can view by giving prior notice performing their duties criminal and penal institutions in detention and the convicts can book meetings, the requirements of the task threaten national security, including terrorist organizations that may contact the whole structure. "
" Competent and officials the judge is a member of the Ankara criminal court. "

"Notwithstanding the above provisions and other legal regulations in order to be able to obtain preventive intelligence and analysis; MIT Undersecretary or help the approval of the overseas or held by payphone with communication carried out by foreigners, communication and MIT members of the communication can be identified by the applicants to obtain or tasks that were involved in myth, relax, signal information can be evaluated, may be recorded.
This is a regulation principles and procedures regarding the use of performance and jurisdiction of duty in the law. "
Article 4 2937 Law No. abolished 16th next to come after the Article 16 / A material is added.
"Medal
Article 16 / A- domestically or abroad as a result of extraordinary effort and the sacrifice of his work; The protection of the indivisible unity of the country and the nation, the state exalted in contributing to national interests and service medal given to outstanding performance and usefulness showing MIT staff.
First paragraph of medals will be given according to the size, shape and features, to whom and how to record them and will be given housing and a regulation principles and procedures relating to transport. "
Article 5 2937 Law No. Article 25 is amended as follows.
"Article 25 MIT members and retirees, inventory weapons and weapons Zati MIT Undersecretary of the condition to be passed to the recording and processing of documents issued by the Undersecretariat of the MIT can move everywhere, including residential neighborhoods. This way instead of through transport documents clearance certificate issued to. "
Article 6 of Law No. 2937 26 th title of the article" The investigation and trial permit "as amended and paragraph has been added following paragraphs.
"Prosecutors, MIT task and they receive any notice or complaint relating to the operations or notify members when they learned of the MIT Undersecretary such a situation. Undersecretary of MIT, a further action subject to judicial direction on the activities of the task and specify that it is still not done or certification and does not apply any protection measures. However, the process can be done according to the provisions of the first paragraph.
Untitled, unsigned, unaddressed or made apparently a pseudonym or without a particular event and reason and basis of evidence showing that notification and complaints, the Public prosecutors will not be processed.
MIT Undersecretary in the investigation on the 10.25.1963 dated and No. 353 Military Courts Establishment and Trial Procedures Act 15 / five with the last two sentences of the third paragraph of Article six and apply the procedures and provisions in seventh paragraph. MIT Undersecretary of the Supreme Court judgment on the relevant authorities will be carried.
Re-investigation can not be done without the emergence of new and more concrete evidence relating to the same subject.
MIT members who are documented to help with intelligence services and their spouses, children, parents and siblings can benefit from MIT Undersecretary of 12/4/1991 and approval of the 3713 Anti-Terrorism Act in the area of ​​conservation measures.
Fulfilling the duties of members of the MIT task due to the nature of the performance of the duties it should be compensated by the administration or damage which they have given to other people. Compensation, arise from the matters relating to the duties of the damage and the lack of relevant personnel in the event of intent or gross negligence can not be subject to subrogation process.
Except for Turkish citizens, prisoners or convicts are national security or where required by national interests, Foreign Minister's request, the proposal of the Minister of Justice and with the approval of the Prime Minister may be extradited to another country or may be exchanged with those arrested and convicted in another country. "
Article 7 of Law No. 2937 Article 27 is amended as follows.
"Article 27 National Intelligence Organization of tasks and information about the activities and documents, unauthorized areas, providing, stealing, false manufactures, which makes fraud on them and not the person who four years up to ten years imprisonment.
MIT members and their families to fake their identity as members of the MIT governing identity with those who disclose or alter in any way or that are offered up to seven years in prison for three years using fake documents.

Information and documents covered by the first and second paragraphs; radio, television, internet, social media, newspapers, magazines, books and other media of all kinds of written, visual, aural and electronic mass media by means of the publication, dissemination or disclosure of the case; 09/06/2004 dated 5187 Press Law, Article 11 of the 04.05.2007 dated and 5651 Internet the Regulation of Publications and the Publications Committed Through the Law on Combating Crime Article 4 and Article 6 of those determined responsible according to the provisions of the emitting them about three years to nine years imprisonment.
Prevent the use of those duties and powers under this Act up to five years from three years, those who fulfill their obligation to prevent abuse by neglect or two years to four years imprisonment.
In the case of the aforementioned acts will be committed by the MIT members of the punishment shall be increased by up to one-third. "
Article 8 of Law No. 2937 with the title of Article 28 is amended as follows.
"To meet the demand
Article 28- Any requests made under this Act in the duties and powers of myth fulfilled as a priority, not born in the civil and criminal responsibility of fulfilling these demands.
This Act by regulating the same subject in other laws applicable in the event of the provisions of this Act have different provisions. "
Article 9 of Law No. 2937 Article 29 is amended as follows.
"Article 29 MIT members and those who served in the myth, the myth could not testify on matters related tasks and activities. However, the testimony of mandating that appeared in MIT members of the state interests of the MIT Undersecretary, and the testimony of the MIT Undersecretary depends on the consent of the Prime Minister. "
Article 10- 2937 Law No. added the following paragraph to Article 30.
"Other institutions and organizations with public institutions and organizations, this Act is needed in the case during the fulfillment of the duties, any material contained in use, equipment, installations and equipment, other laws may allocate temporarily mit regardless of the arrangements in this regard may transfer or free. "
Article 11 of Law No. 2937 has been added to the following additional substances.
"Additional Article 1 of the National Intelligence Organization information on the nature of intelligence in the canonical document, the analysis with data and records, the Turkish Penal Code, except Second Book Part Four of offenses in the Seventh Chapter, shall not be required by the judicial authorities.
The first paragraph of Article 6 (e) the identity of those displaced me, the myth of the tasks and activities to help those who are benefiting or intelligence services, regardless of whether they are public officials; task, due to be held responsible for the activities and benefits.
Organization vested in the information and documents confidential and duration of the detection unit and part of the separation, use or opening share and their publication with all kinds of academic studies and will be created by the Undersecretary for use in the literary work of a Commission decision is issued. "
ARTICLE 12 - Law No. 2937 has been added to the following additional substances.
"Additional Article 2 in order to fulfill the tasks set out in this Article, Grand National Assembly of Turkey has been established within the Security and Intelligence Committee.
MIT Police Headquarters and the State intelligence services carried out by the Undersecretariat of the Gendarmerie General Command and the Financial Crimes Investigation Board is required by the tasks carried out security operations and the Ministry of Interior regarding the activities of the intelligence of nature, the Ministry of Finance and the MIT Undersecretariat will prepare an annual report sent to the Prime Ministry. Prime Minister of this report will be prepared on an annual report submitted to the Security and Intelligence Committee in March. The Commission's examination of reports and interviews from his succession is completed within ninety days and will prepare reports and submit to the Grand National Assembly of Turkey Presidency during this period. The number of members of the Commission
seventeen. Members of political parties, party groups and distribution group is made according to the proportion of the total number. The tasks
Commission are:
a) in matters relating to national security vision and to offer suggestions
b) on security and intelligence matters to monitor progress internationally recognized area
c) to prepare reports on their activities

D) the safety and security of personal data obtained during intelligence services and improve preventive advice of the rights and freedoms of individuals
Commission calls made to closed session. Members of the Commission in closed session, relevant ministers, government officials and representatives of the Commission with the task stenographer who can not have someone from legislative experts.
Commission is essential privacy in storing the information and documents related to the study and preservation. Participants of the meeting with the Commission to get to grips with in any way to these interviews, the Commission can not make any statement about the study and discussion topics, and is responsible for keeping them secret.
Reports prepared by the Commission and with their attachments, duplicates, all officials, including the delivery area, attention needed for the protection of these reports and attachments must show due care.
Relevant institutions and the report to be prepared by the Prime Ministry, the Commission's report and the minutes of the Commission and their attachments, and does not include information on the nature of state secret documents.
Commission's operating principles and procedures in case of absence of the provisions in this article regarding Turkey Grand National Assembly Rules of Procedure shall apply.
Relevant institutions and rules and procedures for the preparation and content of the reports prepared by the Prime Ministers of the regulation to be enacted by the Council.
Article 13 11.07.1985 dated and Establishment of No. 3238 Defense Industry Undersecretariat and on 11 July 1939 and 3670 No. of National Lottery Act Concerning the Establishment of two Article 23 October 1984 and 3065 numbered Value Added Amendment of an Article of the Tax Code about the second paragraph of Article 10 of the Act is included in the following sentences.
"However, direct the National Intelligence Organization and by supplying the resources needed for the requirements for eligible intelligence and security, the proposal of the Undersecretary of the MIT, the approval of the Minister of National Defense and the Prime Minister's approval, will be transferred to the account opened on behalf of the National Intelligence Organization of the Defense Industry Support Fund. Transferring these amounts are spent in accordance with the legislation governing the National Intelligence Organization. "
Article 14 of this Law shall enter into force on the date of publication.
Article 15 of this Law shall be enforced by the Council of Ministers.