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Regulation on the Procedure and Merits of Determining, Intercepting, Evaluating Signal Data Related to, and Recording Telecommunication and on the Establishment, Duties and Authorities of the Department of Telecommunications of Turkey

PART TWO

Procedure and Merits Regarding Crime Prevention and Measures for Intelligence Purposes

Procedures according to the Law 2559 [Law on the Duties and Authorities of the Police]

Article 5-
Judicial decisions and, in urgent cases, written orders by the Security General Director or by the President of the Department of Intelligence, pursuing the aim of accomplishing tasks as specified under additional article 7 of the Law 2559, in order to prevent crimes specified under article 250, paragraph 1, subparagraphs a, b and c of the Code of Criminal Procedure, Law 5271, except for the crimes of espionage, shall be delivered to the Technical Chief of Department to be executed.
Requests failing to comply with this Regulation shall be returned to the Presidency of Department of Intelligence at the Security General Directorate in order to be completed as necessary.

Procedures according to Law 2803 [Law on the Organisation, Duties and Authorities of the Gendarmerie]

Article 6-
Judicial decisions and, in urgent cases, written orders by the General Commander of Gendarmerie or by the President of Intelligence, pursuing the aim of accomplishing tasks as specified under article 7, paragraph a of the Law 2803, for purposes of taking preventive and protective measures and restricted to its own area of operations, in order to prevent crimes specified under article 250, paragraph 1, subparagraphs a, b and c of the Code of Criminal Procedure, Law 5271, except for the crimes of espionage, shall be delivered to the Technical Chief of Department to be executed.

Requests failing to comply with this Regulation shall be returned to the Presidency of Intelligence at the Gendarmerie Headquarters in order to be completed as necessary.

Procedures According to Law 2937 [Law on State Intelligence Services and the Establishment of the National Intelligence Agency]

Article 7
- Judicial decisions and, in urgent cases, written orders by the Undersecretary of the National Intelligence Agency [MİT] or by his or her Deputy, pursuing the aim of accomplishing tasks as specified under article 4 of the Law 2937, in order to provide for the state security in case of the existence of a serious threat against the basic characteristics proscribed under article 2 of the Constitution and against the democratic rule of law, in order to uncover activities of espionage, determine acts of disclosure of state secrets and in order to prevent terrorist activities, shall be delivered to the Technical Chief of Department to be executed.

Requests failing to comply with this Regulation shall be returned to the Undersecretary of the National Intelligence Agency in order to be completed as necessary.

Written order

Article 8
- In urgent cases; written orders by the Undersecretary of the National Intelligence Agency or his or her Deputy, the Security General Director or the President of the Department of Intelligence and the General Commander of Gendarmerie or the President of Intelligence regarding the determination of caller data, interception of telecommunication, evaluation of signal data or the recording of telecommunication shall be presented before the jurisdictional and competent judge specified under article 26, paragraph 1, for approval. The judge shall decide on the matter within twenty-four hours.

Subjects to be specified under a written order

Article 9
- Judicial decisions and written orders regarding the determination of caller data, interception of telecommunication, evaluation of signal data, and the recording of telecommunication shall indicate the following data;
a) The identity of the person, who is to be subject to the measure, the type of the means of telecommunication, phone numbers or codes allowing the detection of communication, as far as these can be determined,
b) The scope and duration of the measure
c) The reasons leading to the implementation of the measure
d) The date and time, at which the written order has been issued.

Regarding requests and decisions as well as written orders under additional article 5 of the Law 2803, as specified under article 6 [of this Regulation], data and documents regarding the area of operations shall also be specified.

Decisions may be given for a maximum period of three months; this period may be prolonged for a maximum of three times, each of which may not exceed three months. However, in case of a necessity regarding on-going danger within the scope of activities of a terrorist organisation, the judge may decide to prolong the measure for indefinite times, each of which may not exceed three months.

Execution of the decision or written order

Article 10
- Judicial decisions and written orders may not be sent to operators. Decisions and written orders and their content shall be sent by the relevant institutions to the Presidency [of the Department of Telecommunications] using electronic means, following the procedure to be determined by the Presidency. Written orders that have been determined to be in compliance with this Regulation, and decisions shall be executed by officials of the relevant institution, under the coordination and supervision of the Presidency.

The date and hour of the beginning and the termination of the measure, and the identity of the executing official shall be kept under record.

Written orders that do not comply with this Regulation shall not be executed.

Destruction of Records

Article 11-
The Presidency shall immediately be notified by the relevant institution about any development regarding judicial decisions and written orders.

If the period of time foreseen for the measure has expired, the written order has not been approved by the judge, or there has not been any judicial decision on the approval of such order within twenty-four hours, the execution of the decision or the written order shall immediately be terminated by the Presidency.

Records about the contents of the communication shall be destroyed within 10 days under the supervision of the highest commanding official of the relevant institutions, and, in case when such records are also kept at the Presidency, under the supervision of the President. The process shall be taken under record, which shall be kept in order to be presented during inspection.