Court of Cassation: Private security officers cannot conduct a body search

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The 10th Penal Chamber of the Supreme Court of Appeals decided that the search made by the private security officers is against law on the grounds that they do not have the duty and authority to conduct a body search.

A person who was searched at the entrance of a bus terminal by the private security guards was arrested by the court and sent to prison on the grounds that the guards had found some drugs on him/her.

In the lawsuit filed against the person, the suspect was convicted of "drug smuggling".

Later the suspect objected to the decision of the court and the file was moved to the Supreme Court.

"Search is against law"

Evaluating the appeal of the suspect, the 10th Penal Chamber of the Supreme Court of Appeals stated that the searches made by the private security personnel were against law.

According to Habertürk, the Supreme Court said that the evidence obtained from this search cannot be taken as a basis for the verdict, since the search made by the special security officers is against law on the grounds that they do not have the duty and authority to conduct a search.

"This evidence can not be a basis for the verdict"

The decision which was taken unanimously stated the following:

"On the grounds that the search made by a special security officer who does not have the duty and authority to conduct a search is unlawful and the material evidence obtained from this search cannot be taken as a basis for the verdict; Instead of acquitting the accused, (for whom there is not sufficient evidence for the conviction) it is against the law to sentence the person to prison."

The court board unanimously decided that the suspect should be released unless he/she is not convicted of another crime and decided to write to the Chief Public Prosecutor's Office for releasing the suspect. (AS/TB)