Violence against Women as a Social Wound
Violence against women, which is one of the most painful and bleeding wounds in Turkey, and femicide, which is the gravest consequence of this violence, are never off the agenda of the media and the public. While we are shaken by the news that almost every day another woman is torn from her life, it is of great importance to understand the legal dimension of this social problem, the adequacy of the existing legal regulations and the problems encountered in practice. In this article, we will discuss the role of law in combating violence against women, protective measures and criminal sanctions.
Law No. 6284: Protective Shield Against Violence
Law No. 6284 is a preventive and protective mechanism designed to protect victims of violence. The most important feature of this law is that protection measures can be taken quickly based on the victim’s declaration, without any evidence or documentary evidence of the existence of violence. Within the scope of the law, some of the measures that can be taken by the Family Court Judge or the local authority (governor/mayor) in cases of delay are as follows:
- Suspension Order: Immediate removal of the perpetrator of violence from the victim’s residence, school, workplace and prohibiting him/her from approaching these places.
- Communication Ban: Preventing the perpetrator of violence from disturbing the victim by means of communication tools or otherwise.
- Weapon Handover: The obligation of the perpetrator of violence to surrender his/her weapons to the police, even if they are licensed.
- Changing Identity and Information: Changing the identity and other relevant information and documents of the victim in case of a life-threatening situation.
- Temporary Protection (Shelter): Provision of shelter for the victim and her/his children.
- Temporary financial assistance and alimony: Providing temporary financial support to prevent the victim from being in an economically difficult situation.
The perpetrator of violence who fails to comply with these cautionary decisions is subjected to compulsory imprisonment from 3 days to 10 days. In case of repetition, this period may increase from 15 days to 30 days.
Punishment of Violence under the Turkish Penal Code
While protective measures are aimed at preventing violence, actual acts of violence are criminalised and punishable under the TPC.
- Intentional Killing (TPC 81-82): The murder of a woman by her husband, ex-husband or the person with whom she is in the process of divorce is a qualified case that requires aggravated life imprisonment within the scope of “intentional killing of a spouse” and “honour/honour motivated killing” as per Article 82/1-d and f of the TPC.
- Intentional Injury (TPC 86): If the act of violence results in injury, punishment is given according to the gravity of the act. If the injury is committed against the spouse, it is a qualified case that requires the penalty to be increased by half in accordance with subparagraph 86/3-a of the TPC.
- Threat, Insult, Torture: Continuous and systematic psychological violence, humiliation and degrading behaviours may constitute the crimes of threat, insult and persecution under the TPC. In particular, the offence of cruelty (TCK 96) covers systematic and continuous acts of violence and prescribes severe penalties.
The Debate on “Good Behaviour” and “Unjust Provocation” Discounts
One of the issues that draws the most reaction from the public in femicide cases is the application of “good behaviour” (discretionary discount – TCK 62) and “unjust provocation” (TCK 29) discounts.
- Unjust provocation It is the claim that the perpetrator committed the offence under the influence of an unjust act caused by the deceased. However, according to the established jurisprudence of the Court of Cassation, situations such as asking for divorce, unfaithfulness, jealousy are generally not accepted as a reason for unjust provocation. Despite this, the application of this discount in some local court decisions damages the sense of justice.
- Discretionary Discount (Good Behaviour): It is a reduction in the penalty for subjective reasons such as the perpetrator’s respectful attitude at the trial and expressing remorse. In serious crimes such as femicide, the discount given for wearing a suit and tie as a “good behaviour” is called “tie discount” by the public and is strongly criticised.
Application Procedures for Victims of Violence
A woman who has been subjected to violence or is in danger of being subjected to violence can apply to the following organisations for assistance and protection:
- Emergencies: 112 Emergency Call Centre, Police Help (155), Gendarmerie Help (156).
- KADES Application: The Women’s Emergency Support (KADES) application developed by the Ministry of Interior for smartphones enables women to reach the police with a single click.
- Judicial Authorities: Public Prosecutor’s Offices and Family Courts.
- Other Institutions: Provincial Directorates of the Ministry of Family and Social Services, Violence Prevention and Monitoring Centres (ŞÖNİM), Women’s Counselling Centres of Municipalities, Legal Aid Offices of Bar Associations and Women’s Rights Centres.
In Turkey, there are strong legal instruments such as Law No. 6284 in combating violence against women. However, it is only possible to ensure that the laws do not remain on paper, that they are effectively implemented, that protection orders are meticulously followed up and that deterrent penalties are imposed in judgements, if awareness of gender equality is established. In addition to the legal struggle, education, awareness raising and social mentality transformation are indispensable elements for the healing of this deep wound. Violence is not a fate and no woman is alone in this struggle.