KONTROLLÜ TESLİMAT

Makalelerim,

 

1. Giriş

31.03.2007 tarihli 26479 sayılı Resmi Gazete’de yayımlanarak yürürlüğe giren 5607 sayılı Kaçakçılıkla Mücadele Kanunu, 4926 sayılı Kaçakçılıkla Mücadele Kanununu yürürlükten kaldırarak, kaçakçılık suç ve kabahatleri ile bunlara verilecek cezalar başta olmak üzere birçok alanda yenilikleri de uygulamaya sokmuştur. Yeni Kanunun getirdiği bu yeniliklerin en dikkat çekici olanlarından bir tanesi ise kontrollü teslimat ile ilgili düzenlemedir. Buna göre, 5607 sayılı Kanun, diğer mücadeleci kurumların yanında Gümrük Müsteşarlığı’na da kontrollü teslimat işlemlerini yürütme yetkisi vermektedir. 5607 sayılı Kaçakçılıkla Mücadele Kanununun ”kontrollü teslimat” başlıklı 21 inci maddesi şu hükümleri içermektedir;

“Bu Kanun çerçevesinde yapılacak kontrollü teslimat işlemleri, 13.11.1996 tarihli ve 4208 sayılı Kanunun 10 uncu, 11 inci ve 13 üncü maddeleri hükümleri çerçevesinde Gümrük Müsteşarlığı, Emniyet Genel Müdürlüğü, Jandarma Genel Komutanlığı ve Sahil Güvenlik Komutanlığı tarafından yürütülür.”

Bilindiği gibi, kontrollü teslimat işlemleri Emniyet Genel Müdürlüğü, Jandarma Genel Komutanlığı tarafından 4208 sayılı Kanun ve bu Kanuna dayanılarak İçişleri Bakanlığı tarafından 15.09.1997 tarihli 23111 sayılı Resmi Gazete’de yayımlanan “Kontrollü Teslimat Uygulaması Esas ve Usulleri Hakkında Yönetmelik” hükümleri çerçevesinde yürütülmektedir.

Ancak, 5607 sayılı Kanun gereğince Gümrük Müsteşarlığının da artık bu mücadeleci kurumlar ile birlikte kontrollü teslimat işlemlerini yürütebilmesi mümkün bulunduğundan, ilgili mevzuatta bu yönde değişikliklerin yapılması ihtiyaç haline gelmiştir.

Bu yazımızda, kontrollü teslimatın ne olduğu, halen bu işlemlerin hangi şartlarda ve ne şekilde yürütüldüğü, Gümrük Müsteşarlığının bu uygulamadaki rolü ve yeni süreçte nasıl yer alabileceği, kontrollü teslimat işlemlerinin gerektiği gibi yapılabilmesini sağlamaya yönelik önerilemiz hakkında bilgi verilmeye çalışılacaktır.

2. Kontrollü Teslimat Nedir?

4208 Sayılı Karaparanın Aklanmasının Önlenmesine Dair Kanun’un 2 nci maddesinin (c) bendinde kontrollü teslimatın tanımı yapılmıştır. Buna göre;

Kontrollü Teslimat: Suç faillerinin belirlenmesi, her türlü delilin tespiti, toplanması, kaçak veya kaçak olmasından şüphe edilen mal veya fonların müsaderesi amacıyla, yurt içinde dağıtılacak veya yurt dışından Türkiye’ye getirilerek dağıtılacak veya Türkiye’de hazırlanarak yurtdışına götürülecek veya Türkiye’den transit geçecek, uyuşturucu ve psikotrop maddeler (herhangi doğal veya sentetik madde), 1988 tarihli Uyuşturucu ve Psikotrop Maddelerin Kaçakçılığına Karşı Birleşmiş Milletler Sözleşmesinin Eki I ve II Numaralı Tablolar ile bu Tablo değişikliklerinde yer alan maddelerin ve bunlara bağlı fonlar veya karapara veya karaparaya kaynaklık edecek diğer her türlü kaçak veya kaçak olmasından şüphe edilen eşyanın yetkili makamların bilgisi ve denetimi altında nakillerini, ifade etmektedir.

Görüldüğü üzere, kontrollü teslimat, tüm suç faillerinin ve her türlü delilin tespiti, suç örgütlerinin tüm yönleriyle ortaya çıkarılması ve kaçak veya kaçak olmasından şüphe edilen mal veya fonların müsaderesi amacıyla, kaçak veya kaçak olmasından şüphe edilen eşyaların yetkili makamların bilgisi ve denetimi altında nakledilmelerini sağlayan operasyonel bir faaliyettir. Burada, özellikle uyuşturucu maddeler gibi toplumun sağlık, huzur ve güvenini tehdit eden malları üretmek, yurtiçinde ve yurtdışında dağıtmak ve bu maddelerin kaçakçılığını yapmak üzere oluşturulan ve genellikle de uluslar arası nitelik taşıyan suç örgütlerinin tüm yönleriyle ortaya çıkarılması hedeflenmektedir.

Türkiye’nin 1989 yılında imzaladığı,19 Aralık 1988 tarihli Uyuşturucu ve Psikotrop Maddelerin Kaçakçılığına Karşı Birleşmiş Milletler Sözleşmesinin Eki I ve II Numaralı Tablolar ile bu Tablo değişikliklerinde yer alan maddelerin ve bunlara bağlı fonlar veya karapara veya karaparaya kaynaklık edecek diğer her türlü kaçak veya kaçak olmasından şüphe edilen eşya kontrollü teslimatın konusunu oluşturmaktadır. Ayrıca, konu ile ilgili diğer tanımlamaları da burada vermemiz uygun olacaktır.

Kontrollü Giriş: Yurt dışından Türkiye’ye getirilerek dağıtılacak kontrollü teslimata konu kaçak mal veya fonların yetkili makamların bilgisi ve denetimi altında girmesidir.

Kontrollü Geçiş: Türkiye’den transit geçecek kontrollü teslimata konu kaçak mal veya fonların yetkili makamların bilgisi ve denetimi altında geçişini, ifade etmektedir.

Kontrollü Çıkış: Türkiye’de hazırlanarak yurtdışına götürülecek kontrollü teslimata konu kaçak mal veya fonların yetkili makamların bilgisi ve denetimi altında çıkışı anlamına gelmektedir.

Yurtiçi Kontrollü Teslimat: Ülke içinde hazırlanarak ülke sınırlarını terketmeden ülke içinde bir yerden başka bir yere götürülecek kontrollü teslimata konu kaçak mal veya fonların yetkili makamların bilgisi ve denetimi altında nakledilmeleridir.

Öte yandan, 18.10.2006 tarihli Resmi Gazete2de yayınlanarak yürürlüğe giren 5549 sayılı Suç Gelirlerinin Aklanmasının Önlenmesi Hakkında Kanun ile “karapara” ve “karapara aklama suçu” ifadeleri yeniden tanımlanmıştır. Buna göre;

Suç geliri(Karapara): Suçtan kaynaklanan malvarlığı değerini, ifade etmektedir.

Aklama suçu(Karapara aklama suçu): Alt sınırı bir yıl veya daha fazla hapis cezasını gerektiren bir suçtan kaynaklanan malvarlığı değerlerini, yurt dışına çıkaran veya bunların gayrimeşru kaynağını gizlemek ve meşru bir yolla elde edildiği konusunda kanaat uyandırmak maksadıyla, çeşitli işlemlere tabi tutmak, anlamına gelmektedir.(T.C.K. Mad.282)

3. Kontrollü Teslimatın Şartları

Kontrollü teslimat işlemlerine başlanabilmesi için 4208 sayılı Kanunda sayılan birtakım koşulların gerçekleşmesi gerekmektedir. Bu şartları aşağıdaki gibi sıralamamız mümkündür;

a) Kontrollü teslimat kapsamına giren kaçakçılık faaliyetinin çok ciddi organize edilmiş olması,

b) Organizatörlerin, sermayedarların ve şebeke elemanlarının ortaya çıkarılması ve bunlar hakkında bütün delillerin tespiti için başka bir imkân bulunmaması,

c) Mal veya fonların gideceği son yere kadar herhangi bir boşluğa meydan vermeyecek şekilde denetimin sağlanabilmesi,

d) Kontrollü teslimat uygulamaya yeterli zamanın bulunması,

e) Türkiye’de hazırlanarak yurtdışına götürülecek veya transit geçecek her türlü kaçak mal veya fonlar için ayrıca;

1. Kontrollü teslimat yönteminin boşluksuz işleyeceği ve failler hakkında kovuşturma ve soruşturma açılacağının talep eden Devlet tarafından garanti edilmesi,

2. Kontrollü teslimat uygulamasının sona erdiği, Türk vatandaşlarının yakalandığı ülke devleti tarafından Türk vatandaşları ile kontrollü teslimata konu mal veya fonlar ile bunların naklinde kullanılan araçlar ile karaparanın iadesi hususunun taahhüt edilmiş olması.

4. Kontrollü Teslimat İşlemlerinin Başlama Süreci

4208 sayılı Kanun’a göre kontrollü teslimat kararı vermeye Ankara Cumhuriyet Başsavcılığı yetkilidir.

Emniyet Genel Müdürlüğü Kaçakçılık ve Organize Suçlarla Mücadele Daire Başkanlığı ve Jandarma Genel Komutanlığı Kaçakçılık Daire Başkanlığı (bundan sonra Başkanlık olarak bahsedilecektir), Kontrollü Teslimat Yönetmeliğinin 5 inci (4208 sayılı Kanunun 2/c maddesindeki şartlar) maddesinde belirtilen şartların gerçekleşmesi halinde, Kontrollü giriş, geçiş ve çıkış ile yurtiçi kontrollü teslimat kararının alınması için Ankara Cumhuriyet Başsavcılığı’na talepte bulunmaya ve bu konuda gerekli işlemleri yürütmeye yetkili kılınmıştır. Buna göre;

Başkanlıklardan;

a) Emniyet Genel Müdürlüğü Kaçakçılık ve Organize Suçlarla Mücadele Daire Başkanlığı Emniyet birimlerinin,

b) Jandarma Genel Komutanlığı Kaçakçılık Daire Başkanlığı Jandarma birimlerinin,

Kontrollü teslimat kararına ilişkin yazılı taleplerini ivedi olarak Cumhuriyet Başsavcılığına iletir.

c) Sahil Güvenlik Komutanlığı, Gümrük Müsteşarlığı ve Mali Suçlar Araştırma Kurulu Başkanlığı,

1) Kontrollü teslimata konu olan mal veya fonun bulunduğu yerin,

2) Bu yer belli değil ise kontrollü teslimat talep eden kuruluşun bulunduğu yerin polis veya jandarma görev bölgesinde bulunmasına göre,

Kontrollü teslimat kararına ilişkin yazılı taleplerini ilgili Başkanlığa yapmaktadırlar. Başkanlık da bu talebi ivedi olarak Cumhuriyet Başsavcılığına iletmektedir.

Gecikmesinde sakınca bulunan hallerde Sahil Güvenlik Komutanlığı ve Gümrük Müsteşarlığının merkez ve taşra teşkilatı birimleri ile Mali Suçlar Araştırma Kurulu birimleri (1) ve (2) alt bentlerindeki şartları dikkate almadan Başkanlıklardan birine kontrollü teslimat kararına ilişkin yazılı taleplerini ivedi olarak iletebilmeleri mümkün kılınmıştır.

Cumhuriyet Başsavcılığı, Kontrollü Teslimat Yönetmeliğinin 5 inci maddesinde belirtilen şartların varlığı halinde evrak üzerinde inceleme yaptıktan sonra ivedi olarak kontrollü teslimata karar verebilmektedir.

5. Kontrollü Teslimatın Uygulama Esasları

Kontrollü teslimat kararının Cumhuriyet Başsavcılığınca verilmesini müteakip kontrollü teslimat uygulaması ilgili birimlerce yürütülmekte ve kontrollü teslimat uygulaması sırasında kullanılacak yöntemler kontrollü teslimatı uygulayan birim tarafından belirlenmektedir.

İzleme ve gözleme işleminin tehlikeye düşmesi veya kontrollü teslimat uygulamasına devam edilmesi halinde, delillerin kaybolması veya sanıkların elden kaçırılma ihtimalinin ortaya çıkması durumunda, mahkeme kararı gerekmeksizin kontrollü teslimatı uygulayan birim amiri tarafından kontrollü teslimat uygulaması sona erdirilerek derhal Başkanlığa bilgi verilmektedir.

Kontrollü teslimat uygulamasında yetki, kontrollü teslimat uygulamasına son verilen yer mahkemesine aittir. Kontrollü teslimat uygulaması Türk mahkemelerinin yargı yetkisini ortadan kaldırmamaktadır.

Ayrıca, 4208 sayılı Kanunun 13 üncü maddesine göre, suçtan kaynaklanan malvarlığı değerlerinin kontrollü teslimatına ilişkin yabancı ülke talepleri hakkında karar vermeye Ankara Sulh Ceza Mahkemesi yetkili bulunmaktadır.

6. Kontrollü Teslimat işlemlerinde Koordinasyon

Gerek yurtiçi kontrollü teslimat, gerekse kontrollü giriş, geçiş ve çıkışlarda, ilgili kuruluşlar arasındaki işbirliği ve koordinasyon ilgili Başkanlık tarafından yürütülmektedir. Diğer taraftan, Polis ve jandarma birimleri arasında kontrollü teslimat uygulamasına ilişkin koordinasyon her iki Başkanlıkça bilgi alış verişi ve teknik işbirliği şeklinde sağlanmakta, görevlilere, bu uygulama sırasında kamu kurum ve kuruluşları ile gerçek ve tüzel kişilerce her türlü yardım ve kolaylığın gösterilmesi gerekmektedir.

Öte yandan, kontrollü giriş, geçiş ve çıkışlarda, ilgili ülkelerin talebi veya kontrollü teslimatın izlenmesine, gözlenmesine veya soruşturulmasına yardımcı olmak amacıyla kontrollü teslimatı uygulayan birimin veya yetkili mahkemenin gerekli görmesi halinde ilgili Bakanlıkça yurtdışında geçici görevlendirme yapılabilmektedir.

7. Gümrük Muhafaza Görev Yönetmeliği’ne Göre Kontrollü Teslimat

Gümrük Muhafaza Görev Yönetmeliği’nin 114 üncü maddesi kontrollü teslimat ile ilgili hükümler içermektedir. Buna göre, Kaçakçılık suçlarının haber alındığı anda ortaya çıkarılması yerine, haber alınan suçun son bulacağı yere kadar izlenmesi ve tespit edilecek her türlü delilin toplanarak yurtiçindeki veya yurtdışındaki suç organizasyonlarının çökertilmesi için, Ankara Devlet Güvenlik Mahkemesi Cumhuriyet Başsavcılığından Kontrollü Teslimat kararı alınması amacı ile Jandarma Genel Komutanlığı Kaçakçılık ve Organize Suçlarla Mücadele Daire Başkanlığı veya Emniyet Genel Müdürlüğü Kaçakçılık ve Organize Suçlarla Mücadele Daire Başkanlığı vasıtası ile yazılı olarak talepte bulunulabilecektir.

Ayrıca, yetkili makamca Kontrollü Teslimat Kararı alınıp ilgili İdareye intikal ettirildikten sonra İdarenin, diğer mücadeleci birimlerle de irtibat ve eşgüdüm halinde Kontrollü Teslimat Kararının tüm unsurlarını gizlilik içinde yerine getirmekle yükümlü olduğu da hüküm altına alınmıştır. Ancak, her ne kadar, Gümrük Muhafaza Görev Yönetmeliği, Gümrük Muhafaza idaresinin gerekli izin alındıktan sonra doğrudan kontrollü teslimat işlemlerini yapabileceğini mümkün kılıyor ise de, 31.03.2007 tarihinde yayınlanan 5607 sayılı Kanun ile doğrudan kontrollü teslimat yapabilme yetkisi yasal anlamda alınmış bulunmaktadır.

8. 5607 Sayılı Kaçakçılıkla Mücadele Kanununa Göre Kontrollü Teslimat

4208 Sayılı Kanun’un 15 inci maddesinde “Kontrollü teslimat uygulama esas ve usulleri, Adalet ve Maliye Bakanlıkları ile Hazine ve Gümrük Müsteşarlıklarının bağlı olduğu Bakanlıkların görüşleri alınarak İçişleri Bakanlığınca çıkarılacak bir yönetmelikte gösterilir. Bu yönetmelik çerçevesinde yapılacak kontrollü teslimat işlemleri İçişleri Bakanlığınca yürütülür.” hükmü yer almaktadır. Bu maddeye dayanılarak, “Kontrollü Teslimat Uygulaması Esas ve Usulleri Hakkında Yönetmelik” İçişleri Bakanlığı tarafından 15.09.1997 tarihli 23111 sayılı Resmi Gazete’de yayımlanarak yürürlüğe girmiş olup, bu Yönetmeliğe göre, kontrollü teslimat işlemlerini Emniyet Genel Müdürlüğü ve Jandarma Genel Komutanlığı yürütebilmektedir.

Sahil Güvenlik Komutanlığı, Gümrük Müsteşarlığı ve Mali Suçlar Araştırma Kurulu Başkanlığı kontrollü teslimat işlemlerini yapamamakta, ancak kontrollü teslimat kararı alınmasına ilişkin yazılı taleplerini Emniyet Genel Müdürlüğü ve Jandarma Genel Komutanlığı’nın ilgili Daire Başkanlıklarına yapabilmektedirler. Başkanlıklar da bu talepleri ivedi olarak Cumhuriyet Başsavcılığına iletmektedirler.

Görüldüğü gibi, mevcut Yönetmeliğe göre, Gümrük Müsteşarlığı doğrudan kontrollü teslimat kararının alınması ve yürütülmesi işlemlerinden ziyade sadece kontrollü teslimat kararı alınmasını, ilgili diğer mücadeleci kuruluşlardan talep edebilmektedir.

Ancak, 31.03.2007 tarihli Resmi Gazete’de yayınlanarak yürürlüğe giren 5607 sayılı Kanunla diğer mücadeleci kurumlarla birlikte, kaçakçılık fiillerini önleme, izleme ve araştırmakla görevli Gümrük Müsteşarlığına da kontrollü teslimat işlemlerini yürütme yetkisi verilmiştir. Buna göre, gümrük Müsteşarlığı Ankara Cumhuriyet Başsavcılığı’ndan doğrudan kontrollü teslimat izni alabilecek ve diğer kontrollü teslimat işlemlerini de yürütebilecektir.

5607 sayılı Kanunun 21 inci maddesi, “Bu Kanun çerçevesinde yapılacak kontrollü teslimat işlemleri, 13.11.1996 tarihli ve 4208 sayılı Kanunun 10 uncu, 11 inci ve 13 üncü maddeleri hükümleri çerçevesinde Gümrük Müsteşarlığı, Emniyet Genel Müdürlüğü, Jandarma Genel Komutanlığı ve Sahil Güvenlik Komutanlığı tarafından yürütülür.” Hükmünü içermektedir.

Buna göre, 5271 sayılı Ceza Muhakemeleri Kanununun 164 üncü maddesi ile adli kolluk görevi verilen ve operasyonel birimlere sahip bulunan Gümrük Müsteşarlığı Gümrükler Muhafaza Genel Müdürlüğünün, 5607 sayılı Kanun kapsamında yer alan suçlarla ilgili olarak kontrollü teslimat kararının alınması, yürütülmesi ve tamamlanması işlemlerini doğrudan gerçekleştirebilmesi yönünde mevzuat düzenlemelerinin yapılması ihtiyacı ortaya çıkmıştır.

9. Önerilerimiz

5607 sayılı Kanun’un Gümrük Müsteşarlığı’na verdiği kontrollü teslimat işlemlerini yürütme yetkisini fiilen kullanabilmesi ancak, aşağıdaki önerilerimizin yerine getirilmesi ile mümkün olabilecektir:

1. 4208 sayılı Kanun’un 15 inci maddesinin “Kontrollü teslimat uygulama esas ve usulleri, Adalet ve Maliye Bakanlıkları ile Hazine Müsteşarlığının bağlı olduğu Bakanlığın görüşleri alınarak ile İçişleri Bakanlığı ve Gümrük Müsteşarlığı’nın bağlı olduğu Bakanlığın birlikte çıkaracağı bir yönetmelikte gösterilir. Bu yönetmelik çerçevesinde yapılacak kontrollü teslimat işlemleri İçişleri Bakanlığı ve Gümrük Müsteşarlığı tarafından yürütülür.” şeklinde değiştirilmesi gerekmektedir.

2. Yapılacak Kanun değişikliğinin ardından, AB Müktesebatına Uyum Programı’nın, “24- Adalet, Özgürlük ve Güvenlik” bölümünde de belirtildiği üzere, Gümrük Müsteşarlığı’nın bağlı olduğu Devlet Bakanlığı ile İçişleri Bakanlığı tarafından, kontrollü teslimat uygulama esas ve usullerini belirleyen yeni bir ortak Yönetmelik çıkarılması gerekmektedir.

3. Yine, AB Müktesebatına Uyum Programı çerçevesinde, organize suç örgütleri ve kaçakçılıkla mücadele eden kolluk kuvvetleri arasındaki işbirliği seviyesini artırmak amacıyla, İçişleri Bakanlığı ile Gümrüklerden sorumlu Devlet Bakanlığı arasında Kaçakçılıkla Mücadele alanında Mutabakat ve İşbirliğine Dair Protokol imzalanması son derece yararlı olacaktır.

4. Gümrük Muhafaza Görev Yönetmeliği’nin “Kontrollü Teslimat” başlıklı 114 üncü maddesinde, yeni mevzuat doğrultusunda değişikliğe gidilmelidir.

5. Kontrollü teslimat işlemlerinin, 5271 sayılı Ceza Muhakemeleri Kanununun 164 üncü maddesi ile adli kolluk görev ve yetkisi verilen ve operasyonel birimlere sahip bulunan, Gümrük Müsteşarlığının kaçakçılığın önlenmesi, izlenmesi ve araştırılmasından sorumlu ana hizmet birimi olan ve silahlı-üniformalı personele sahip Gümrükler Muhafaza Genel Müdürlüğü tarafından yerine getirilmesi uygun olacaktır.

6. Bu kapsamda, Gümrükler Muhafaza Genel Müdürlüğü merkez ve taşra teşkilatının gerek teknik kapasitesinin (taşıt, elektronik, optik ve teknik cihazlar vb.) geliştirilmesi gerekse uzman personel ihtiyacının hızla karşılanması yönünde çalışmalar yapılarak, teşkilat yapılanmasının ve çalışma standartlarının genel kolluk birimleri ile paralel hale getirilmesi, böylece, adli kolluk birimi olarak Gümrük Muhafaza Teşkilatının (Merkezde kaçakçılık, narkotik ve risk analizinden sorumlu Daire Başkanlığı, taşrada Kaçakçılık, İstihbarat ve Narkotik Gümrük Muhafaza Müdürlükleri ve bağlantıları) operasyonel yeteneğinin artırılması önem arz etmektedir.

7. Gümrük Muhafaza Teşkilatının kaçakçılığı önleme, izleme, araştırma ve soruşturma ile görevli personeline nitelikli uzmanlık eğitimi verilerek, kaçakçılıkla mücadele faaliyetlerine uygun bütçe imkânlarının sunulması gerekmektedir. Bu kapsamda, personelin mevzuat bilgilerinin güncellenmesi, yeni soruşturma yöntemleri hakkında bilgi edinmeleri, emniyet, jandarma, sahil güvenlik gibi diğer kolluk birimlerinin tecrübelerinden yararlanmaları, teknolojik gelişmeler hakkında bilgi sahibi olmaları sağlanmış olacaktır.

8. Başta uyuşturucu olmak üzere kaçakçılıkla mücadelenin etkin bir şekilde yürütülmesi ancak, mücadeleci birimlerin; mevcut durum, kaçakçılık güzergâhları ve uygulanan yöntemler hakkında aynı bilgi düzeyine sahip olmalarına ve bu bilgileri koordineli bir şekilde paylaşmaları ve değerlendirmelerine bağlı olduğu gerçeğinden hareketle, mücadeleyi yürüten birimler arasında sürekli ve sağlıklı bir bilgi paylaşım sistemi kurulmalıdır.

9. Organize suçlar ve suç örgütleri hakkında veri toplama ve risk analiz faaliyetleri yoğunlaştırılarak Gümrükler Muhafaza Genel Müdürlük bünyesinde bir “Strateji Merkezi” kurulmalıdır.

10. Organize suçlarla mücadelede, özel soruşturma yöntemlerinin kullanımı desteklenmelidir.

Sonuç

31.03.2007 tarihli Resmi Gazete’de yayınlanarak yürürlüğe giren 5607 sayılı Kaçakçılıkla Mücadele Kanunu, Emniyet Genel Müdürlüğü, Jandarma Genel Komutanlığı ve Sahil Güvenlik Komutanlığı’nın yanı sıra Gümrük Müsteşarlığına da aynı Kanun çerçevesinde kontrollü teslimat işlemlerini yürütme yetkisini vermiştir. Gümrük Müsteşarlığı bu işlemleri 4208 sayılı Kanun’un 10, 11 ve 13 üncü maddeleri çerçevesinde yerine getirecektir.

Halen, kontrollü teslimat işlemleri, 4208 sayılı Kanun’un 15 inci maddesine dayanılarak, İçişleri Bakanlığı’nca 15.09.1997 tarihli 23111 sayılı Resmi Gazete’de yayımlanan “Kontrollü Teslimat Uygulaması Esas ve Usulleri Hakkında Yönetmelik” hükümlerine göre Emniyet Genel Müdürlüğü ve Jandarma Genel Komutanlığı tarafından yürütülmektedir.

Öte yandan, 5607 sayılı Kaçakçılıkla Mücadele Kanunu’nun Gümrük Müsteşarlığı’na verdiği kontrollü teslimat işlemlerini yürütme yetkisinin fiilen kullanılabilmesi ancak, yukarıda tespit ettiğimiz stratejik hedeflerin gerçekleştirilmesi ile mümkün olabilecektir.

Netice olarak, 5607 sayılı Kaçakçılıkla Mücadele Kanunu, kontrollü teslimat gibi önemli düzenlemeler sayesinde, başta uyuşturucu maddeler olmak üzere kaçakçılığın önlenmesi, güçlü uluslar arası bağlantılara sahip organize suç örgütlerinin tüm yönleriyle ortaya çıkarılarak çökertilmesi ve böylece yasalara aykırı biçimde, haksız menfaat veya yüksek kazanç elde etmek suretiyle ekonomik, siyasal ve sosyal alanlarda etkinlik kazanmayı amaçlayan organize suç örgütleri ve organize suçlarla en etkin mücadelenin verilebilmesi sürecine, önemli katkılarda bulunabilecektir.

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