Eren & Gonce Hukuk Bürosu - Hukuki makaleler

In your observation, do you think Turkish women are aware of their rights?

From what you have observed, do you think Turkish women are aware of their rights?

The recent rapid access to information in society has been a significant factor in women becoming aware of their rights. Turkish women know what to do when they are subjected to economic, physical, or psychological violence. Newly enacted laws, informative social media posts, news articles, and street interviews are helping women become more aware of their rights. Even if a woman who has been subjected to injustice lacks the financial means, she has the right to request a lawyer during divorce proceedings by applying to the local Bar Association. Seeing that there are many applications in this regard and that grievances are being addressed is promising for Turkish women.

We cannot avoid mentioning femicides. As the press, I wonder if we should call these murders "men's murders" and draw attention to the perpetrator instead of the victim? Why can't they be prevented?

Femicides, which we never want to see on our agenda but unfortunately encounter in the news every day, are an issue we must address together as a society. Taking preventive measures and regulating the penalties for these issues are promising developments. However, the use of photos and names of women murdered in femicide cases in the news causes certain legal problems. In cases where the crime has been finalized by a court decision and there is no doubt about the perpetrator, the fact that criminals serve their sentences in closed prisons without any reduction in sentence slightly eases the pain of the families of women who lost their lives. However, focusing only on the victim in news and social media also affects the penal system. It is very important that courts examine every murder file meticulously in detail and that the testimonies of witnesses are significant, as these will determine the decisions they make.

What should be done to prevent these murders?

Steps taken to prevent murders should primarily involve regulations in the penal system. I believe that not suspending sentences and not applying sentence reductions will be significant factors in ensuring that justice is served correctly. The perception of the negative consequences of an act committed by a defendant who receives a "good conduct" reduction simply for wearing a tie is, in fact, overshadowed by the good conduct reduction granted by the court. At this point, I believe that conducting trials meticulously and removing grounds for sentence reduction in femicide cases would be quite deterrent. It is also important for courts that women work with non-governmental organizations to raise more awareness and combat violence against women. It is important for NGOs to follow femicide files, stand by the victimized women, provide them with legal and psychological support, and build solidarity. Additionally, as a precaution, the KADES application should be downloaded to mobile phones. Thanks to this application, help requests from women under any threat of violence are resolved immediately, and measures are taken before the situation results in death. Persons who are subjected to violence or are under the threat of violence have the right to apply for protection and restraining orders within the scope of Law No. 6284 on the Protection of Family and Prevention of Violence Against Women. Opportunities have also been provided for women who are subjected to violence and have nowhere to stay to apply for placement in women's shelters.

There are also cases where women face grievances regarding alimony. Can a divorced woman receive alimony from her ex-husband? What are a woman's rights as a result of a divorce?

Alimony is awarded upon the request of the woman by the Family Court judge as a result of a divorce case. The awarded alimony ends if the woman remarries or dies. We frequently see in our files that debtor ex-husbands avoid making payments and try to prevent any salary or bank attachments by working at informal jobs. The most important thing to do in this case is to file a complaint via CİMER if the place of employment is known. As is known, employing someone informally and engaging in actions that prevent social security coverage are subject to administrative fines under the Social Security Institution (SGK). A woman's rights in a divorce case are as follows: pecuniary compensation, non-pecuniary compensation, alimony, child custody (if there is a child), household goods, jewelry, mahr, and the sharing of assets acquired during the marriage union. The Family Court judge decides on all these requests by examining the evidence presented to the file and the witnesses heard. To award alimony, the judge first writes a writ to law enforcement to conduct an economic and financial situation investigation and requests detailed information. As a result of the police investigation, a report is prepared and submitted to the court regarding where the parties live, whether they have registered assets, whether they have dependents, and their income and education levels. This submitted report is an important factor in the court's alimony decision. Therefore, the parties are under an obligation to provide accurate information.

What is the issue of "the woman's statement is essential"? Does the judge make a decision based on whatever the woman says?

There are quite a few misunderstandings regarding this issue. The point that should be understood from the phrase "the woman's statement is essential" is as follows: it is a principle regarding the commencement of an investigation and the acceptance of testimony as evidence in "sexual crime and sexual violence" cases, based on the principle that the statement of the woman and child is essential in cases of insufficient evidence. While the principle is established by some Supreme Court rulings, the situation is still debated, and there are examples of cases that create contradictions. There are arguments that this principle, which first emerged in the trial of sexual crimes, should be valid in all incidents of violence. In criminal proceedings, sometimes the only evidence related to certain crimes can be the statements of the victim. Therefore, it is considered that the statements declared during the trial have a separate value in terms of proof. Nevertheless, the possibility that the persons making these statements may be providing false information, whether intentionally or unintentionally, is also taken into account. Court decisions made based on these statements can be overturned by higher courts due to the lack of other evidence. For these reasons, certain criteria are taken into account when determining the evidentiary value of statements. According to the Supreme Court and legal doctrine, the victim's mental health, age, personality, whether their statements are contradictory, their relationship with the perpetrator, their moral status and reliability, and whether they contradict the defendant's defenses must be taken into account when evaluating the victim's statements. In crimes where the only evidence is the victim's statement, the court must reveal the reasons why it favors the victim's statement over the defendant's statements with concrete and convincing justifications in a way that is open to inspection.

How big of a problem is domestic violence in Turkey? What should a woman who is subjected to physical or psychological violence do?

Unfortunately, domestic violence and especially violence against women is a very big problem in Turkey. Every day, the number of criminal files concerning domestic violence and files containing protection and restraining orders based on domestic violence is increasing.

Types of violence are grouped under 4 main headings: physical, sexual, psychological, and economic violence. Women who are victims of violence must prove what kind of violence they have been subjected to with medical reports showing the injuries and other evidence. I would like them to know that they have the right to request a protection and restraining order from the Prosecutor's Office or Family Court, and the right to file a criminal complaint with the Prosecutor's Office.

In our country, within the scope of Law No. 6284 on the Protection of Family and Prevention of Violence Against Women; rules regarding the measures to be taken for the protection of women, children, family members, and victims of one-sided persistent stalking who are subjected to violence or are under the threat of violence, and for the prevention of violence against these persons, are regulated. Under this Law, you can:

*Request to go to a shelter. *Request temporary protection. *Ask for the person applying violence to be removed from the home and prevent them from approaching you. *Prevent the person applying violence from disturbing you via phone/email/social media/or other means. *If your life safety is under threat, request that your identity/address/and all other information be hidden or changed in official records. *If you have a child and have not yet filed for divorce, request temporary custody of your child. You can request alimony for yourself and your children. *Request a "family home" annotation to be placed on your home to prevent it from being sold. *Request to benefit from temporary financial aid and health services.

Phone numbers of institutions you can reach when you are subjected to violence:

Police 155

Gendarmerie 156

Ambulance 112

Social Support Line ALO 183

Bar Association Women's Rights Center 444 2 618

Domestic Violence Emergency Helpline 0212 656 96 96

Çağlayan Courthouse Women's Rights Center Violence Prevention Bureau 0212 240 04 11

Istanbul Bar Association Legal Aid Center 0212 251 90 40

EVERYONE WHO HEARS, SEES, OR KNOWS ABOUT VIOLENCE IS OBLIGATED TO REPORT THIS SITUATION.

Violence can be physical, mental, sexual, economic, and verbal. It is mandatory to report all kinds of violence to official authorities or bodies.

Ministry

Law Enforcement Officers

Public Prosecutor

Can request a protection order even without a request for the person subjected to violence.

IT IS MANDATORY THAT THE NECESSARY MEASURES FOR YOUR SAFETY BE TAKEN AS SOON AS POSSIBLE WITHOUT PAYING ANY FEE.

Prosecutor's Office

Family Court

Police Station

Gendarmerie

Governor's Office, District Governorship

You can benefit from protection measures by applying to these institutions.

THINGS YOU SHOULD DO IMMEDIATELY WHEN YOU ARE SUBJECTED TO SEXUAL ASSAULT, SEXUAL HARASSMENT, OR VIOLENCE;

In order not to lose evidence and indications, you should apply to the nearest health institution without wasting time and request a Forensic Examination.

Since the clothes worn and items used on the day of the incident carry the quality of evidence, they should definitely not be cleaned or thrown away.

Following the occurrence of the incident, it is necessary to report the situation to the authorized bodies (Gendarmerie, Police, Prosecutor's Office) before the evidence is lost.

All procedures carried out within the scope of Law No. 6284 on the Protection of Family and Prevention of Violence Against Women are free of charge.

So, what path should women who are blackmailed or threatened follow?

Women who are blackmailed or threatened can, as we tried to explain in detail just now, request protection and restraining orders and file a criminal complaint with the Prosecutor's Office. Due to the bad psychology and pressure of the event, some women destroy evidence of the crime and cannot prove themselves, especially during the trial stage. For this reason, make sure to keep the messages, call logs, and voice recordings sent to you by the people threatening or blackmailing you. If possible, record audio during this threat and blackmail incident, and if there are relatives who witnessed this issue, even if there is a small chance, be sure to report them as witnesses.

Finally, what would you like to say?

Finally; we wish for an end to violence against women, domestic violence, and fundamentally violence against humans, both in our country and in the world. We wish for a life where people treat each other with respect, do not violate each other's personal space and rights, and treat both themselves and others with compassion.

Back to blog