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What is Violence Against Women?
The 1993 UN Declaration on the Elimination of Violence Against Women states that violence against women, whether occurring in public or private life, “involves, threatens, coerces or arbitrary deprivation of liberty”.
Law No. 4321 on the Protection of the Family
It was adopted in 1998. This law covered spouses, children and family members living under the same roof.
Milestone in Combating Violence/ Nahide Opuz v. Turkey
Nahide Opuz was exposed to the violence of her husband H.O. with her natural mother for 3 years after her marriage. This violence has reached the level of battering, stabbing and crushing with a car. Although Nahide Opuz applied to the police station and the prosecutor’s office every time, H.O. No sanctions were applied against him on the grounds of lack of evidence. H.O. he was later taken into custody twice and released pending trial. Nahide Opuz and her mother decided to leave the city they lived in because of their helplessness, but H.O. killed his mother-in-law by blocking the vehicle they were running from. For this reason, H.O. A public lawsuit was filed against him in 2002. The case was concluded in 2008, meanwhile, Nahide Opuz divorced H.O. Sentenced to 25 years and 10 months in prison, H.O. He was released with the decision in 2008. OPUZ, who continued to receive threats from H.O. after his release, applied to the ECtHR. For the first time in its history, the ECHR condemned a state for failing to protect its citizens against domestic violence. Upon this decision, the Ministry of Family and Social Policies was established in 2011.
The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, known as the Istanbul Convention, was evaluated together when it coincided with the work of Law No. 6284. The Istanbul Convention has been signed by 40 countries. Turkey is the first country to ratify the convention on March 12, 2012, and the date the convention entered into force in our country is August 1, 2014. On March 8, 2012, on International Women’s Day, it was announced that Law No. 6284 was adopted.
LAW NO 6284 ON “PROTECTION OF THE FAMILY AND PREVENTION OF VIOLENCE AGAINST WOMEN”
The law regulates the measures to be taken to protect women, children, family members and victims of stalking and to prevent violence against them.
Family Courts do not seek any evidence to benefit from this law. It is sufficient to request a measure based on the law numbered 6284.
What are the Rights Envisioned under the Law?
1-Right to claim shelter:If the victim of violence urgently needs a safe place to stay outside of her home or the home of her relatives, in this case, she can request a suitable shelter for herself and her children in the city where she lives or in another city.
Places to apply: Nearest police station, Violence Prevention and Monitoring Center (ŞÖNİM), Chief Public Prosecutor’s Office, District Governor’s Office, Family Courts
2-The right to demand to be placed under temporary protection (close protection):If the victim is worried that the perpetrator or potential perpetrator will do harm, go out, go to work, etc. may request the appointment of a police officer to accompany him.
Places to apply: Nearest police station, Violence Prevention and Monitoring Center (ŞÖNİM), Chief Public Prosecutor’s Office, District Governor’s Office, Family Courts
3- The right to request removal and prevention of his approach: The victim can move the perpetrator away from the common house they live with, prevent them from approaching this house, workplace, school and themselves within the decision period, and can continue to live in this house.
Places to apply: Nearest police station, Violence Prevention and Monitoring Center (ŞÖNİM), Chief Public Prosecutor’s Offices, Family Courts
4-The right to demand that the perpetrator be prevented from disturbing: The victim may request that the perpetrator be prevented from reaching her by phone, e-mail, social media or any other method.
Places to apply: Nearest police station, Violence Prevention and Monitoring Center (ŞÖNİM), Chief Public Prosecutor’s Offices, Family Courts
5-The right to request that the address be hidden: If the victim’s life is threatened or fleeing from the perpetrator, she may request that her identity and address information be hidden in all official records.
Places to apply: Nearest police station, Violence Prevention and Monitoring Center (ŞÖNİM), Chief Public Prosecutor’s Offices, Family Courts
6-The right to request the change of identity and related information: If the victim’s life safety is under threat, she may request that her identity information be changed and that she be given a new name and surname.
Application places: If possible, the application should be made directly to the Family Court through a lawyer.
7- The right of the perpetrator to hand over her weapon to the police: The victim may request that the perpetrator or the person who is in danger of perpetrating violence surrenders his/her weapon to the police.
Places to apply: Nearest police station, Violence Prevention and Monitoring Center (ŞÖNİM), Chief Public Prosecutor’s Offices, Family Courts
8- The victim may request temporary custody of the children and may demand alimony for the child.
Places to apply: Application should be made to the Family Court.
9- The victim may request temporary financial assistance for herself and her child.
Application places: District Governorate, Violence Prevention and Monitoring Center (ŞÖNİM), Provincial Directorate of the Ministry of Family and Social Policies, Family Courts
10-The right to request that a family residence annotation be added to the house where they live: The victim can go to the Land Registry Office and have the family residence annotation on the house where he lives with his wife.
Where to apply: Land Registry Offices, Family Courts when the Land Registry Office refuses
11-Right to benefit from general health insurance: Even if the victim is not insured, she can be considered as insured.
Places to apply: It is an automatic process.
HOW TO APPLY?
The application petition is submitted to the on-duty family court closest to the victim. The petition can also be submitted to the Public Prosecutor’s Office, the police station, the district governor’s offices, and ŞÖNİMs. However, in this case, since it will take time to deliver the petition to the Family Court, applying directly to the Family Court will provide faster results.
Points to Consider When Applying
Unless there is a very urgent situation, a lawyer should be consulted beforehand. If the victim does not have the financial means to pay the lawyer, he or she should apply to the legal aid bar of the bar association in the province. With this application, the bar association requests a residence document, poverty document, and a photocopy of the identity card.
The application must be made in writing. If the response to the application is given orally, the objection must be made and the answer must be given in writing..
If the application is made to the police station, it should be checked whether all the said matters are recorded in the report, it should be checked before signing the minute, and if the unspoken words are in the minute, it should be requested to change the minute. There must be two copies of the application, one at the police station and one at the victim. The victim should ask the police to sign the copy with his name, by writing receipt, on the copy that will remain with the police, he should also ask for a document registration number, and write the document registration number on the copy that remains with him. The document registration number will provide the victim with the opportunity to follow the proceedings.
If there are signs of assault on the victim’s body, she should be sent to the hospital to receive a report of assault.
VIOLATION OF PROTECTIONS
In case of violation of the protective measures, he/she should apply to the prosecutor’s office or the court that made the decision, and report the date, time, and how the perpetrator violated the decision, together with the evidence, if possible. If the notification is made, the perpetrator will be sentenced to 3 to 10 days in prison and this prison sentence cannot be turned into an alternative sanction. If the decision is violated more than once, the duration of the prison sentence will also increase.
VIOLENCE PREVENTION AND MONITORING CENTERS
It was established with the law numbered 6284. Victims can apply to ŞÖNİMs at any time of the day to reach all their rights under the law. ŞÖNİMs also help women find a job and gain a profession.
Stj. Av. Rumeysa Özge Uzkan
TO CONTACT NOW: 0 541 485 92 48
