23.07.2008 - Source: UK Home Office

Domestic violence, honour kilings, incidences of honour killings, legislative framework, enforcement of legislation, training of police and security forces, access to court system, government initiatives, shelters, support ("Report of Fact Finding Mission; 11-20 February 2008; Turkey") [ID 24405]

see chapter 1, p. 3 - 31 for details

Document(s): Open document

28.05.2008 - Source: Amnesty International

Violence against women ("Annual Report 2008") [ID 23464]

"Laws and regulations to protect women victims of domestic violence were inadequately implemented. The number of shelters remained far below the amount stipulated under the 2004 Law on Municipalities, which required a shelter in all settlements with a population of more than 50,000.

A telephone hotline for victims of domestic violence ordered by the Prime Minister in July 2006 had not been set up by the end of the year."

Document(s): Open document

11.03.2008 - Source: US Department of State

Violence against women; honor killings (as of 2007) ("Country Report on Human Rights Practices 2007") [ID 22974]

"The law prohibits rape, including spousal rape; however, the government did not effectively enforce the law. Victims often waited days or weeks to report incidents for fear of embarrassment or reprisals, which hindered the possibility of effective prosecution of assailants. Experts worked during the year to convince the government to accept psychiatric victim reports as alternative forms of evidence. Cases of rape were underreported.

Violence against women, including spousal abuse, was a serious and widespread problem. The law prohibits violence against women, including spousal abuse. The government did not effectively enforce the law. Domestic human rights organizations reported that these measures were partially effective; more women called the police emergency hotline to report domestic violence and went to police stations to file abuse reports. On October 15, the Istanbul governor and the Foundation to Support Contemporary Life, backed by EU funds, launched a domestic violence hot line staffed by operators who screen calls and then forward legitimate calls to police, attorneys, or psychologists. In the first ten days of the program, approximately 150 calls were received.

Women's NGOs reported that more than 150,000 women were victims of domestic violence between 2001 and 2005. The government continued to show slow progress on implementing a 2004 law stipulating the need for shelters for women victims of domestic violence in towns with a population of more than 50,000. According to the government, its Institution for Social Services and Orphanages operated 23 shelters for female victims of domestic violence and rape with a total capacity of 405. The government reported that provincial government offices, municipalities, and NGOs operated 18 shelters, and that one private foundation operated a shelter.

KA-MER, the leading women's organization in the southeast, reported that from 2003-2007 a total of 198 women from eastern and southeastern Anatolia contacted KA-MER to report that their family had threatened them with honor killings. Of these cases, three of the women died from injuries sustained in the attacks, one committed suicide, and 27 were pressured to commit suicide. The father or husband decided the fate of the woman in the vast majority of the cases. The report observed that 76 of these "decision makers" were illiterate, while 47 had no education beyond junior high school. Increased education levels correlated with a drop in the rate of such crimes. "Disobediance" was determined to be the most common reason given to justify honor killings. Disobediance was variously defined as refusing to marry the person the family had chosen, refusing to have sex with a brother-in-law or father, not agreeing to prostitute oneself, not fulfilling the demands of husbands, fathers, brothers, or other elders, and interrupting man-to-man conversations.

The government reported that there were 37 victims of honor killings during the year and 1,806 honor killings between 2001 and 2006. During the same period, 5,375 women committed suicide. After the government increased penalties for honor killings in 2005, family members increasingly pressured girls to kill themselves in order to preserve the family's honor, according to women's rights groups. Government officials worked with advocacy groups such as KA-MER to hold town hall meetings and set up rescue teams and hot lines for endangered women and girls. Under the law, honor killings require punishment of life imprisonment. Women's rights groups reported that there remained dozens of such killings every year, mainly in conservative Kurdish families in the southeast or among migrants from the southeast living in large cities. Because of sentence reductions for juvenile offenders, observers noted that young male relatives often were designated to perform the killing.

On June 4, an Istanbul court sentenced Omer Rencber to life imprisonment for stabbing and killing his sister Arzu Kaya. Rencber had been pressed by his family to kill 28-year-old Kaya when, after a time of family economic turmoil, she left her husband in Erzurum and fled to Istanbul with an alleged lover. Rencber told the court he did not regret his actions.

On June 22, a Diyarbakir Heavy Penal Court convicted numerous family members for the March 2006 murder of 23-year-old Gulistan Gumus. Gumus's husband from an arranged marriage, Omer Tas, conspired with relatives from his family and Gumus's family to murder her after she tried to divorce him and move to Istanbul. The court sentenced Tas and brother-in-law Mehmet Sah Tas to aggravated life imprisonment; father Bahattin Gumus and father-in-law Hamdullah Tas to 18 years for complicity in the murder; and two other relatives and one family friend to 15 years for complicity. The court added on three years to the sentences of Mehmet Sah, Hamdullah Tas, Izzettin Tas, Bahattin Gumus and Abdurrahim Gumus for breaking and entering.

On November 13, an Istanbul court ordered the first life sentence for an honor killing case, in the case of the murder of 22-year-old Guldunya Toren by her two brothers, Irfan and Ferit Toren. The court sentenced Irfan to life and Ferit (a minor at the time of the murder) to 23 years for killing their sister after Guldunya refused to become the second wife of a cousin who had raped her. Following the birth of the child that resulted from the rape, Guldunya fled her home in Bitlis and took refuge at an Istanbul police station. The police sent her back to live with her uncle, where her brothers then beat her. As she recovered from her wounds in a state hospital, the brothers shot her twice in the head.

In October 2006 the press reported that 15-year-old Naile Erdas from the southeastern city of Van was killed by her family when she gave birth to a child conceived during a rape. The girl, who hid her pregnancy, reportedly begged doctors at a state hospital where she gave birth not to return her to her family, fearing that she would be killed in accordance with the local tradition demanding her family's honor be cleansed. Doctors informed state authorities, but the prosecutor nevertheless handed the young woman over to her family. At year's end, Erdas's brother, father, and uncles were under arrest for the murder.

The Bursa Gunyuzu Women's Solidarity Cooperative and local prosecutor decided not to pursue the cooperative's December 2006 criminal complaint against the Bursa Greater Municipality and the Osmangazi district for failing to properly implement laws requiring municipalities with a population greater than 50,000 to open a shelter for abused women.

On April 25, a Diyarbakir penal court sentenced the three brothers-in-law of Rojda Gezginci to 15 months' imprisonment for cutting off the fifteen-year old Gezginci's nose in 2005, after she attempted to leave the family's household where she had been forced to marry her husband, Abahattin Gezginci, in a religious ceremony. Proseuctors initially charged the entire family upon Gezginci's complaint, but later dropped charges against the husband, father-in-law, and mother-in-law after Gezginci, under duress, withdrew the complaint.

At year's end, there was no action to alter the March 2006 conviction of a 14-year-old who murdered his mother in 2005, allegedly for disgracing the family when she discussed being beaten by her husband on a television show. The court sentenced him to 10 years in prison and acquitted the father and stepson of involvement in the crime. In November 2006 the chief prosecutor urged the court of appeals penal department to annul the decision acquitting the husband and father-in-law. The motion remained pending at year's end."

Document(s): Open document

06.11.2007 - Source: European Commission

Violence against women ("Turkey 2007 Progress Report [SEC(2007) 1436]") [ID 22375]

"Campaigns to prevent violence against women are continuing, supported by the government, the media, the private sector and the UN Population Fund. Conscripts in the army receive relevant training as part of the existing curriculum. The number of shelters for women subjected to domestic violence increased to 33, including those operated by the Social Services and Child Protection Agency, municipalities and women's NGOs. 
[...]
However, domestic violence against women is continues to be widespread. Honour killings, early and forced marriages continue to occur. Moreover, access to reliable data on the incidence of violence against women and of honour killings continues to be a problem. More shelters for victims of domestic violence are needed to meet the demand, and services should be improved. Training for law enforcement bodies, judges and prosecutors should be stepped up."

Document(s): Open document

06.11.2007 - Source: European Commission

Gender equality and women's rights ("Turkey 2007 Progress Report [SEC(2007) 1436]") [ID 22491]

"With regard to gender equality and women's rights, and, in particular, domestic violence, amendments to the Law on the Protection of the Family adopted in April have included into the scope of the law spouses living under separate roof and the workplace; also, they have introduced medical consultation or treatment in a health institution as a new measure that can be enforced by courts on violent family members. Further, the law stipulates that no fees will be charged for applications and execution of court decisions alleviating, thereby, the financial burden of legal proceedings for victims. In January the Ministry of Justice issued a Circular to public prosecutors regarding cases of custom and honour killings, asking for judicial proceedings of victims to be dealt with rapidly, confidentially and in a humane manner. However, women continue to have low participation in the political and economic life of the country and to be victims of violence"

Document(s): Open document

06.03.2007 - Source: US Department of State

Violence against women (legal provisions; domestic violence; Institution for Social Services and Orphanages) ("Country Report on Human Rights Practices 2006") [ID 19008]

"Violence against women, including spousal abuse, was a serious and widespread problem. The law prohibits violence against women, including spousal abuse. The government did not effectively enforce the law; however, the interior ministry and Prime Ministry issued circulars during the year instructing relevant departments to better enforce these laws. Domestic human rights organizations reported that these measures were partially effective; more women called the police emergency hotline for domestic violence and went to police stations to file abuse reports.

Women's NGOs reported that more than 150,000 women were victims of domestic violence between 2001-2005.

The law prohibits rape, including spousal rape; however, the government did not effectively enforce the law. Victims often waited days or weeks to report incidents, for fear of embarrassment or reprisals, which hindered the possibility of effective prosecution of assailants. Experts worked during the year to convince the government to accept psychiatric victim reports as alternative forms of evidence. Cases of rape were underreported.

The government's Institution for Social Services and Orphanages operated 17 shelters for female victims of domestic violence and rape with a total capacity of 325. Municipalities and NGOs also operated 13 shelters. Under legislation adopted in July 2005, municipalities with populations greater than 50,000 were required to establish shelters for women. Only the Duzce Municipality opened a new women's shelter during the year."

Document(s): Open document

08.11.2006 - Source: European Commission

Women's rights (legal framework; crimes in the name of honour and suicides; girls and birth registration; domestic violence; discrimination; political participation of women) ("Turkey 2006 Progress Report") [ID 19711]

For detailed information concerning women's rights consult the original document

"As concerns women's rights, the report of the ad hoc Parliamentary Committee on “crimes in the name of honour, violence against women and children" has been finalised. The report puts forward practical recommendations, which received wide media coverage. A circular by the Prime Minister's Office in July follows up on these, by giving priority to the fight against violence, listing the activities to be undertaken and naming the state bodies responsible. The Directorate General for the Status of Women is given the task of overall co-ordination of activities. [...]

The legal framework is overall satisfactory, but implementation remains a challenge. The Law on the Protection of the Family is only partially applied. Despite the provisions in the new Penal Code that lists moral killings as an aggravated circumstance for murder crimes, the sentences issued by courts reflect a mixed picture. While in some cases courts imposed maximum sentences (life imprisonment), in others they opted for lighter sentences, especially if a minor had committed the murder.

Crimes in the name of honour and suicides committed by women due to the influence of the family continue to occur, especially in the regions of the East and Southeast. Nonetheless, there is still a lack of reliable data on such events as well as on domestic violence more generally. According to the preliminary results of the UN Special Rapporteur on Violence against Women, causes of suicides are early and forced marriages, domestic violence and denial of reproductive rights. Poverty, urbanisation, displacement and internal migration, and thus changing socioeconomic situation of women are the contexts within which suicides occur. Women’s suicides are not always properly investigated, especially in the Southeast [...]

In parts of the South East it still occurs that girls are not registered at birth. This hampers the fight against forced marriage and crimes in the name of honour since these girls and women cannot be properly traced. [...]

Women remain vulnerable to discriminatory practices, due largely to a lack of education and a high illiteracy rate. The girls’ education campaign conducted by the Ministry of National Education and UNICEF ensured the enrolment in primary schools of 62,000 girls in 2005, which would otherwise have been out of school. In 2006 the campaign was extended to all provinces. Private sector campaigns to increase school enrolment and to improve the physical condition of schools have continued.

The level of participation of women in the parliament and in local representative bodies remains very low and prevailing discrimination exists in the labour market."

Document(s): Open document

29.05.2006 - Source: Schweizerische Flüchtlingshilfe

Situation of women (domestic violence; honor killings; rape; kidnapping) ("Türkei; Zur aktuellen Situation – Mai 2006") [ID 19206]

"Insbesondere im Osten und Südosten konnte keine Abnahme privater Gewalt an Frauen, vor allem bei den so genannten Ehrenmorden, verzeichnet werden. Die Kapazitäten der existierenden Frauenhäuser sind gering. Es soll auch vorkommen, dass Frauenhäuser eine Frau, die von der ganzen Verwandtschaft verfolgt wird, nicht aufnehmen. Dies aus Angst vor der Gefahr, in die das Opfer die gesamte Einrichtung bringen kann. Polizei und Gendarmerie gehen Anzeigen bedrohter Frauen häufig nicht in genügendem Mass nach.22 Frauen werden aber auch Opfer staatlicher frauenspezifischer Gewalt. So soll es bei Entführungen von Frauen durch zivil gekleidete Polizeibeamte in mehreren Fällen zu Vergewaltigungen gekommen sein."

Document(s): Open document

10.2005 - Source: UK Home Office

Report on the situation of women in the turkish society ("Country Report - October 2005") [#40563],  [ID 13801]

for more detailed information seek out original document page 143

"6.296 The European Commission 2005 report stated:

“There has been little progress regarding women’s rights, although the entry into force of the new Penal Code delivers some important improvements, as reported last year. The main areas of concern for women in Turkey continue to be domestic violence, ‘honour killings’, a high illiteracy rate, and low participation in Parliament, local representative bodies and the labour market…In a positive development, the Law establishing the Directorate General for the Status and Problems of Women entered into force in November 2004, although further efforts will be required to strengthen its institutional capacity. In 2005, in cooperation with the United Nations Population Fund (UNFPA), it launched a nationwide awareness campaign regarding violence against women. In August 2005 a regulation was issued on the establishment of an Advisory Board on the Status of Women…A Parliamentary Committee on Women’s Rights and Gender Equality and a Committee on Violence against Women and Children were established.” [71e] (p32)

6.297 The EC 2005 report also noted that “In Turkey there is still a high incidence of physical and psychological abuse within the family; sexual abuse, forced and often early marriages, unofficial religious marriages, polygamy, trafficking and ‘honour killings’ continue to be reported. An absence of statistical data on such violence, coupled with a lack of effective monitoring for victims, obstructs efforts to tackle the issue.” [71e] (p32)

6.298 The EC 2005 report further noted that:

“There is an urgent need to ensure implementation of the Law on the Protection of the Family as the security forces still often fail to investigate women’s complaints of violence. In particular, further training for staff dealing with the victims of domestic violence – such as social workers, law enforcement officers, health care providers and the judiciary – is required and resources offering advice for those falling victim to such abuse should be made more widely available. While the number of women’s shelters in Turkey has increased since last year, there remains an urgent need to further increase the provision of such shelters.” [71e] (p32-33)

6.299 The EC 2005 report also outlined that “In spite of various legal and practical initiatives, the problem of discrimination on the basis of gender remains a cause for concern. Women remain vulnerable to discriminatory practices, due largely to a lack of education and a high illiteracy rate (about 20% of women in Turkey are illiterate and in the Southeast this figure is considerably higher).” [71e] (p33)

6.300 The USSD 2004 stated that:

“The Constitution regards all citizens as equal and prohibits discrimination on ethnic or racial grounds; however, societal and official violence and discrimination against women and minorities remained problems. In May [2004], Parliament amended the Constitution to specify that men and women have equal rights and that it is the duty of the State to ensure that this protection is put into practice. Before the amendment, the Constitution only stated broadly that all individuals were equal before the law.” [5c] (Section 5)"

Document(s): Open document

10.2005 - Source: UK Home Office

Report on gender employment equality ("Country Report - October 2005") [#40563],  [ID 13802]

for more detailed information seek out original document page 152

"6.333 The European Commission 2005 reported stated:

“Participation by women in the workforce is still among the lowest in OECD countries, at 25.4%. Many women still work in the informal sector and are therefore not covered by social security. However, women’s participation in certain professions is relatively strong; approximately 30% of lawyers, academics and doctors are women. In July 2005 a woman was, for the first time, elected President of the Constitutional Court.” [71e] (p33)

6.334 The EC 2005 report also noted that:

“As regards equal treatment between women and men, no progress can be reported as regards the transposition of the EC Directives prohibiting discrimination on employment…While the new penal code entered into force in June 2005 has profoundly improved women’s fundamental rights as reported in last year’s Regular report, full transposition of the directives on gender-equality is still required. Further alignment is still required in particular concerning parental leave, equal pay, access to employment, burden of proof, as well as statutory and occupational social security.” [71e] (p96)

6.335 The USSD 2004 considered that:

“Women continued to face discrimination in employment to varying degrees and were generally underrepresented in managerial level positions as well as in government. Women generally received equal pay for equal work in professional, business, and civil service positions, although a large percentage of women employed in agriculture and in the trade, restaurant, and hotel sectors worked as unpaid family labor…The Directorate General on the Status and Problems of Women, under the State Minister for Women’s and Children’s Affairs, is responsible for promoting equal rights and raising awareness of discrimination against women. In October [2004], Parliament adopted legislation that allows the Directorate General to expand its limited staff.” [5c] (Section 5)"

Document(s): Open document

10.2005 - Source: UK Home Office

Report on virginity testing ("Country Report - October 2005") [#40563],  [ID 13803]

"6.326 The USSD 2002 reported that:

“According to HRF [Human Rights Foundation of Turkey], there were fewer reports of ‘virginity testing’ than in past years, and no reports of the practice among family members; regulations banning the practice unless requested by the women were generally enforced. In February [2002] the government abolished a regulation allowing the practice to be used on nursing school students. However, the Women’s Commission of Diyarbakir Bar Association released a study indicating that 99 percent of female detainees in five southeastern provinces were subjected to the practice.” [5a] (p27)

6.327 The USSD 2003 reported that “Unlike in previous years, HRF recorded no reports of forced ‘virginity testing’.” [5d] (p24)

6.328 The Council of Europe Commissioner for Human Rights report published December 2003 stated that:

“In January 1999 the Minister of Justice published a decree prohibiting subjecting women in custody to virginity tests without their express consent. The decree stipulates that such tests may only be used to confirm suspicions of sexual assault, sexual acts committed on minors and prostitution. Only a judge can order such an examination without the women’s consent and then only if it is the sole means of gathering evidence that an offence has been committed.” [21] (p29)

6.329 However, in the above report the Commissioner also reported that the situation of women in police custody is a subject of serious concern and one of the problems frequently reported include the virginity testing of female detainees. [21] (p29)

6.330 The European Commission 2004 reported that “As regards virginity testing, the new [Penal] Code foresees a prison sentence for those ordering and conducting such tests in the absence of a court order. However, contrary to the request of women’s NGOs, the consent of the woman on whom the test is to be conducted is still not required.” [71c] (p45)

6.331 The Norwegian Country of Origin Information Centre ‘Report of fact-finding mission to Turkey’ noted that under the new Penal Code, virginity testing will be prohibited unless formally authorised by a judge or a prosecutor. “Some women’s activists, however, were critical of the fact that virginity testing still could be conducted without the consent of the woman.” [16] (p32)

6.332 As noted in the document ‘Turkish Civil and Penal code reforms from a gender perspective: the success of two nationwide campaigns’, published in February 2005 by the Tukish NGO Women for Women’s Human Rights (WWHR) – New Ways:

“The new Penal Code includes an inadequate provision regarding virginity testing. Despite the efforts of the women’s movement, the actual term ‘virginity testing’ is not employed in the Penal Code. Instead, Article 287 entitled ‘Genital Examination’ has been included in the new law. The article stipulates that anyone who performs or takes a person for a genital examination without the proper authorization from a judge or a prosecutor can be sentenced to between three months to one year of imprisonment. Women’s groups are protesting this article as it fails to explicitly name and ban the practice, and also because the article does not require the woman’s consent for genital examination, thereby leaving room for forced examination and human rights violations.” [95]"

Document(s): Open document

10.2005 - Source: UK Home Office

Freedom of Religion; consequences for women wearing headscarves ("Country Report - October 2005") [#40563],  [ID 13804]

for more detailled information seek out original document page 99

"6.118 According to the Netherlands Ministry of Foreign Affairs 2002 “Secularists view head coverings as a symbol of political Islam and a threat to the secular nature of the Turkish Constitution.” [2a] (p90) The BBC reported in October 2003 that headscarves are seen by secular Turkish establishments as symbols of radical Islam and are banned in official ceremonies and in public buildings such as schools, universities, courtrooms and public offices. [66g] [66h]

6.119 The Daily Telegraph reported in November 2002 that some of the millions who voted for the AKP, the winning party in the 2002 general election, did so in the hope that the AKP would end the ban on the headscarf worn by, among others, Emine, the wife of party leader Mr Erdoğa. [40]

6.120 The Turkish Daily News reported in September 2003 that a headscarf fashion show was performed in Ankara. Parliamentary Speaker Bülent Arinç’s wife, AKP women deputies and many other guests participated in the fashion show. [23g]

6.121 According to the BBC the October 2003 celebrations to mark the 80th Anniversary of the foundation of the Turkish Republic were marred by a row over the wearing of headscarves. President Sezer refused to invite any headscarf-wearing wives of senior officials including the Prime Minister Recep Tayyip Erdogan to the presidential reception to mark the event. Mr. Erdogan and his cabinet did attend the reception, but the overwhelming majority of the AKPs 367 Parliamentarians stayed away. [66g] [66h]

6.122 The BBC reported that on 29 June 2004 the European Court of Human Rights upheld the right of Turkish universities to ban Muslim headscarves. [66x] The Independent (June 2004) reported that the seven judges came to a unanimous judgement that headscarf bans were appropriate when issued to protect the state, especially against extremist demands. [44d] A Human Rights Watch report from July 2004 described the ECtHR judgement as disappointing. [9c] (p1)

6.123 As noted by Kirsty Hughes in her paper dated December 2004:

“The secularism-Islam debate remains a powerful, divisive and contentious theme in Turkish politics… The hijab or headscarf has become the most potent symbol of this debate, which then inevitably spills over into other connected debates on human rights. Many secular human rights and women’s NGOs, in asserting and calling for both women’s rights and religious rights as part of the wider range of basic rights, do now argue that it is, and must be, a woman’s individual choice and right to dress as she likes, and that traditional (mostly male) conservative secularists and Islamists on both extremes should stop focusing their fight and disagreement over the control of what women wear…International human rights organisations have also waded into this debate. Human Rights Watch, has called for women’s individual rights to be respected, and for full access to higher education for all women irrespective of their independent decisions on head covering… Overall, to continue banning the headscarf in universities and in parliament and in public offices, amounts to an extensive discrimination against women in the workplace rather than simply reflecting a particular form of secularism and so the status quo may be unlikely to hold.” [77] (p13-14)"

Document(s): Open document

31.08.2005 - Source: Schweizerische Flüchtlingshilfe

No adequate medical care for child with severe multiple disabilities; no sufficient support by healt care system or solidarity funds; no effective protection of single woman against attacks by family members because of alleged "dishonourable behaviour" (expert opinion, in German) ("Türkei: Rückkehr einer alleinstehenden kurdischen des unehrenhaften Verhaltens beschuldigten Frau mit schwer mehrfachbehindertem Kind ") [#36541],  [ID 13805]

Document(s): Open document

08.2005 - Source: Amnesty International

AI: Contineous human rights violations; response of administration and government on reports about torture und misstreatment still inconvenient; limitation of the right of expression by constituion and the new penal law ("Memorandum on AI's recommendations to the government to address human rights violations") [#38256],  [ID 13806]

"VIOLENCE AGAINST WOMEN

Amnesty International has been greatly heartened by the recent steps taken by the government to improve the level of protection that women enjoy from violence in the family. We view the amendments to the Turkish Penal Code as a positive development and welcome the giving of legal recognition to the Directorate on the Status of Women attached to the Prime Ministry. We especially welcome the article of the new Law on Municipalities that requires municipalities to provide shelters for women in towns and cities with populations of more than 50,000 individuals as well as the government’s support for the Campaign “No to violence against women” which has been organized together with the United Nations Population Fund.

Judging from other recent legal and constitutional reforms in Turkey, the passing of laws in itself is not enough - implementation of the laws will be key. Effort is needed to make sure that these reforms are communicated to women in Turkey as well as to prosecutors, governors, judges, police officers and others who may be responsible for implementing the law. Amnesty International draws particular attention to the Law on the Protection of the Family which was passed in 1997 and which is very rarely implemented. The organization requests the development of mandatory training programmes for the police, medical personnel, gendarmerie officials, members of the judiciary and other professionals who may be a first point of contact for women who have experienced violence. The training should include the recognition of violence, the optimal use of safety procedures – such as under the Law on the Protection of the Family, and guidance on how to deal with victims in the appropriate manner. Disciplinary measures must be taken against those state officials who fail to carry out their legal duty to protect women and prevent violence when clearly required to do so.

Amnesty International is particularly concerned that there should be a greater availability for women in Turkey to resources that may provide advice on and protection from violence. In particular, the organization would like to see further steps taken to ensure the implementation of the Law on Municipalities so that this legal change becomes a meaningful development for women in Turkey. We therefore urge the government to ensure that adequate funding is available from the central budget for the establishment of shelters and to work with women’s organizations to draw up guidelines for local authorities on the implementation of the law based upon universal shelter principles. We further ask the government to emphasize to local authorities the importance of working with women’s organizations in setting up or funding shelters.

Other resources that Amnesty International considers need to be provided are sufficient information and points of access for women to report violence, including hotlines covering all regions of Turkey staffed by sufficiently trained personnel, brochures and posters disseminated at hospitals, primary health care centres and courts, and websites.

At present there is reported to be a direct phone line for women in service in 21 provinces (out of 81) providing psychological, legal and financial counselling for battered women or those who are under threat of violence. The government needs to ensure that this phone line service is extended to cover all regions of Turkey and that it is staffed by sufficiently trained personnel."

Document(s): Open document

31.07.2005 - Source: Amnesty International

AI: Report on the reform process; freedom of speech and freedom of press constricted by new turkish penal law; torture still common; health care; violence against women ("Länderkurzinfo der Koordinationsgruppe Türkei der deutschen Sektion") [#34626],  [ID 13807]

"Gewalt gegen Frauen

Dank intensiver Lobbyarbeit von Frauenorganisationen in der Türkei hat es bei der Ahndung von Gewalt gegen Frauen im neuen türkischen Strafgesetzbuch wesentliche Verbesserungen gegeben. In den Artikeln zur Folter wird sexuelle Folter erstmals ausdrücklich benannt und mit erhöhten Strafen belegt. Entsprechendes gilt für die so genannten „Ehrenmorde“ und familiäre Gewalt. Auch die intensivierte Diskussion in der türkischen Gesellschaft hat dazu geführt, dass derartige Verbrechen häufiger angezeigt und öffentlich gemacht werden. Trotz dieser positiven Entwicklungen sind „Ehrenmorde“ aber nach wie vor weit verbreitet. Betroffen sind vor allem Frauen, die eine außereheliche Beziehung eingegangen sind (insbesondere, wenn sie dadurch schwanger werden) oder ihren Ehemann verlassen haben. Aber auch Nichtigkeiten, wie z. B. Sprechen mit einem Mann auf der Straße, können für Frauen und Mädchen tödliche Folgen haben. Frauen, die vergewaltigt wurden, sei es in staatlicher Verantwortung von Polizisten, Soldaten oder Dorfschützern oder im Rahmen außerstaatlicher Kriminalität, finden oft bei ihrer Familie keinen Schutz, sondern werden verstoßen, gezwungen, ihren Vergewaltiger zu heiraten (wenn die Vergewaltigung angezeigt wurde, führt die Heirat mit dem Opfer nach dem neuen Strafrecht allerdings nicht mehr zur Strafverschonung) oder sogar ermordet. Frauen, die „die Ehre der Familie befleckt haben“, werden auch landesweit von der Familie gesucht und verfolgt. Eine „inländische Fluchtalternative“ steht ihnen somit nicht zur Verfügung."

Document(s): Open document

25.05.2005 - Source: Amnesty International

Gender discrimination reduced in penal code ("Annual Report 2005") [#32304],  [ID 13810]

"As a result of concerted lobbying efforts by women’s organizations, many provisions which had discriminated on grounds of gender were removed in the new Penal Code. Positive measures introduced included: the abolition of the possibility that someone convicted of rape could have their sentence reduced, postponed or annulled if he agreed to marry the victim; the explicit recognition of marital rape as a crime; and the definition of sustained and systematic violence in the family as torture."

Document(s): Open document
Open document

25.05.2005 - Source: Amnesty International

Violence against women in families ("Annual Report 2005") [#32304],  [ID 13811]

"The human rights of hundreds of thousands of women in Turkey continued to be violated as a result of violence in the family. There were reports of beatings, rape and murder or enforced suicide. State officials failed to take steps to protect women adequately. Investigations into reports of family violence were often inadequate and the perpetrators were rarely brought to justice. Shelters for women at risk of violence were extremely rare."

Document(s): Open document
Open document

19.05.2005 - Source: International Helsinki Federation for Human Rights

More than 150 women and children killed as a result of domestic violence and honor killings ("Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2005 (Events of 2004)") [#32120],  [ID 13808]

"While the government took some measures to protect women against violence, mainly against so-called "honor killings", by the year's end, at least 82 women and 42 children were killed as a result of domestic violence, and 43 women were killed in "honor killings"."

Document(s): Open document

18.05.2005 - Source: Schweizerische Flüchtlingshilfe

Legal improvements - but widespread violence against women ("Zur aktuellen Situation - Mai 2005 ") [#32420],  [ID 13809]

"Frauen in der Türkei werden häufig Opfer häuslicher Gewalt. Die Zahl der «Ehrenmorde » an Frauen durch männliche Verwandte ist immer noch hoch. Amnesty International spricht sogar von einer dramatischen Zunahme seit dem Ende des Ausnahmezustandes. Es fehlt an Einrichtungen, wo bedrohte Frauen Zuflucht finden können. So gibt es derzeit nur dreizehn Frauenhäuser in der Türkei. Behörden gehen Anzeigen von Frauen nur ungenügend nach. Wird eine Frau akut bedroht, kann sie in den seltensten Fällen mit polizeilichem Schutz rechnen. Frauen, die in staatlichen Frauenhäusern aufgenommen werden, müssen dem Gouverneur und damit der Polizei gemeldet werden. Schutzsuchende Frauen können somit von ihren Verfolgern ausfindig gemacht werden.

Das neue türkische Strafgesetzbuch sollte gewisse Verbesserungen für Frauen mit sich bringen: Erstmals werden auch Vergewaltigung in der Ehe und sexuelle Belästigung am Arbeitsplatz abgedeckt. Ebenso wurde eine Bestimmung aus dem Jahre 2000, welche für Ehrenmord mildernde Umstände vorsieht, gestrichen.

Frauen werden aber auch Opfer besonderer staatlicher Gewalt. Weibliche Häftlinge werden teilweise sexuell erniedrigt und belästigt. Beispielsweise werden sie dazu gezwungen, sich auszuziehen, werden unsittlich berührt oder es wird ihnen mit Vergewaltigung gedroht. Nach wie vor kommt es auch zu Vergewaltigungen. Viele Frauen, die Opfer staatlicher sexueller Gewalt wurden, erstatten keine Anzeige. Dies aus Schamgefühl, Furcht um ihr Leben oder weil sie der Justiz misstrauen."

Document(s): Open document

10.03.2005 - Source: BBC News

Istanbul: women protesters at a Women's Day rally, beaten by police ("MEPs slam 'brutal' Turkish police") [#30021],  [ID 13812]

Document(s): Open document

03.2005 - Source: Amnesty International

Violence against women ("Anliegen in Europa und Zentralasien Juli-Dezember 2004: Türkei") [#32532],  [ID 13813]

"Die Menschenrechte von Hunderten von Frauen in der Türkei wurden weiterhin im Rahmen von familiärer Gewalt verletzt. Es gab Berichte über Schläge, Vergewaltigung und Mord sowie erzwungenen Selbstmord. Staatsvertreter versäumten es, geeignete Schritte zum Schutz der Frauen zu ergreifen.

Ermittlungen nach Berichten über familiäre Gewalt waren oft nicht adäquat und die Täter wurden nur selten zur Rechenschaft gezogen. Die Regierung begann jedoch erste Schritte gegen dieses Problem einzuleiten, u. a. indem sie Änderungen übernahm, die von der Frauenbewegung für den Entwurf des TStG vorgeschlagen worden waren. Als Antwort auf die Klage über die extrem kleine Anzahl von Frauenhäusern für von Gewalt bedrohte Frauen nahm die Regierung in das am 24. Dezember 2004 in Kraft getretene Kommunalgesetz eine Bestimmung mit auf, wonach die kommunalen Behörden in Städten mit einer Bevölkerung von mehr als 50.000 Menschen Frauenhäuser zur Verfügung stellen müssen.

Ein am 6. November 2004 verabschiedetes Gesetz sorgte außerdem dafür, dass das dem Ministerpräsidenten unterstehende Direktorat für den Status von Frauen einen anerkannten Rechtsstatus erhielt. Obwohl das Direktorat schon seit mehreren Jahren existierte, fehlte bislang eine derartige gesetzliche Anerkennung. Während diese neuen Gesetze begrüßenswerte Schritte darstellten, blieb die Notwendigkeit einer wirksamen und mit Ressourcen ausgestatteten Umsetzung in Kooperation mit der Frauenbewegung weiter ein Schlüsselproblem."

Document(s): Open document

28.02.2005 - Source: US Department of State

Violence against women remained a chronic problem; Dozens of honor killings ("Country Report on Human Rights Practices 2004") [#29519],  [ID 13814]

"Violence against women remained a chronic problem, and spousal abuse was serious and widespread. The law prohibits spousal abuse; however, complaints of beatings, threats, economic pressure, and sexual violence continued. Beating in the home was one of the most frequent forms of violence against women. A March 2003 study by Istanbul Bilgi University of married or divorced women in 25 provinces found that 31.5 percent of the women were beaten by their husbands; 21.5 percent were beaten by their fathers before marriage; and 41 percent had entered into arranged marriages. While approximately 35 percent of the group said they would file a complaint if their husbands beat them, a 2003 study by Hacettepe University found that 39 percent of women believed husbands were justified in beating their wives under certain circumstances. Citizens of either sex could file civil or criminal charges for abuse but rarely did so. Spousal abuse was considered an extremely private matter involving societal notions of family honor, and few women went to the police in practice. Police were reluctant to intervene in domestic disputes and frequently advised women to return to their husbands.

The law provides that victims of spousal violence may apply directly to a judge for assistance and authorizes judges to warn abusive spouses and order them to stay away from the household for 6 months. Judges may order further punishments for those who violate such orders. According to women's rights advocates, authorities enforced the law effectively, although outside of major urban areas few spouses sought assistance under the law.

The law prohibits rape, including spousal rape; however, laws and ingrained societal notions made it difficult to prosecute sexual assault or rape cases. Women's rights advocates believed cases of rape were underreported. In September, Parliament adopted a new Penal Code that considers rape a crime against the individual, rather than a crime against society. The Code eliminates several rape-related laws that women's rights advocates criticized as discriminatory, including a measure that allowed rapists to escape punishment by marrying their victims and another that linked punishment for rape to the victim's marital status or virginity.

Women's rights advocates reported there were eight government operated guest houses and three municipal shelters that provided services to battered women. The Social Services and Child Protection Institution operated 53 family centers, and a number of NGOs operated community centers. Bar associations in more than 30 provinces provided legal services for women. In July, Parliament adopted a law requiring municipalities with populations of over 50,000 to provide shelters for women and children.

Honor killings--the killing by immediate family members of women suspected of being unchaste--continued in rural areas and among new immigrants to cities. Women's advocacy groups reported that there were dozens of such killings every year, mainly in conservative Kurdish families in the southeast or among migrants from the southeast living in large cities. In September, Parliament adopted a law under which murders committed with a motive related to "moral killing" are considered aggravated homicides, requiring a life sentence. The law is designed to discourage the practice of issuing reduced sentences in honor killing cases; however, some human rights advocates argued that the wording of the law is not explicit enough to prevent judges from viewing the honor killing tradition as a mitigating factor for sentencing."

Document(s): Open document

20.02.2005 - Source: Kaya, Serafettin

Threat of "honour killing" by family members unlikely, if a woman has been victim of rape; Safeguarding of means of existence difficult for single illiterate woman; on women's refuges (expert opinion, in German) ("Stellungnahme vom 20.2.2005 an VG Schleswig - 2 A 167/04 -") [#30619],  [ID 13815]

Document(s): Open document

20.01.2005 - Source: BBC News

Dutch appeals court ruled that a suspected Kurdish woman militant cannot be extradited to Turkey; the court bases the decision on it's opinion that she has a heightened risk of being tortured during her detention in Turkey ("Court backs Kurd extradition ban") [#28416],  [ID 13821]

Document(s): Open document

06.10.2004 - Source: European Commission

Reforms have strengthened principle of equality between men and women; discrimination and domestic violence remain major problem ("Regular Report 2004 on Turkey´s progress towards accession") [#26161],  [ID 13822]

"With respect to gender equality, a number of reforms have strengthened the principle of equality between men and women. Article 10 of the Constitution now includes the provision that men and women shall have equal rights and that the state has the duty to ensure that this equality is put into practice. The new Penal Code is generally progressive in terms of women’s rights, addressing such crimes as “honour killings”, sexual assault and virginity testing.. Despite legal and practical initiatives to tackle the problem of discrimination and domestic violence this remains a major problem. Sustained efforts will be required to ensure that women take an equal place in society."

Document(s): Open document

06.10.2004 - Source: European Commission

Violence against women within the family; measures against “honour killings”; promotion of role of women within Islam; Law on the Protection of the Family has limited scope and has not been adequately implemented ("Regular Report 2004 on Turkey´s progress towards accession") [#26161],  [ID 13823]

"Many women are subjected to various forms of physical and psychological violence within the family. These include, sexual abuse, forced and often early marriages, unofficial religious marriages, polygamy, trafficking and “honour killings”. Violence against women perpetrated by security officials during detention is reportedly diminishing.

There is an increased awareness of violence against women and some pressure is being exerted to oppose it. In March 2004 a judge sentenced the perpetrator of an “honour killing” in Sanilurfa to life imprisonment and implicated family members were given long prison sentences. In February 2004, the Diyanet instructed imams and preachers to speak out against “honour killings” during the Friday prayers. This followed a previous Diyanet instruction in January 2004 to no longer conduct unofficial religious marriages without a prior civil marriage.

Diyanet is also actively trying to promote the role of women within Islam and appoint women as Muftis. In addition, the interior design of mosques is being altered to facilitate women’s participation in religious ceremonies.

The 1998 Law on the Protection of the Family has a limited scope and has not been adequately implemented. In the context of domestic violence, security forces often fail to investigate women’s complaints. Women’s NGOs have emphasised the need to provide shelters and counselling centres for women as current government provision is considered insufficient (currently there are only 9 centres). The Law on Municipalities, adopted by Parliament in July 2004, requires municipalities where the population is greater than 50 000 to provide shelters for women and children."

Document(s): Open document

14.09.2004 - Source: BBC News

Ankara: controversial plans to criminalise adultery dropped ("Turkey signals U-turn on adultery") [#25567],  [ID 13824]

Document(s): Open document

07.07.2004 - Source: World Organisation Against Torture

Cases of violence at the hands of state agents ("Violence Against Women - 10 reports - year 2003") [#24621],  [ID 13825]

"Yüksel Zengin, Gülbahar Topdemir and Leyla Narin
Yüksel Zengin, Gülbahar Topdemir, and Leyla Narin reported to the Human Rights Association Diyarbakır Branch that they were tortured in detention. Ms Zengin reported that she was taken to an outdoor place where she was beaten by the police. Ms Topdemir reported that she was threatened with rape and beaten. She also complained that she was forced to listen music with high volume under detention. Ms Narin reported that her eyes were bowed, her throat was squeezed and she was electrocuted while she was detained.

Fahriye Kaya, Ibrahim Kaya ve Yasar Simsek
On 16 January 2002 in the Silvan District of the Diyarbakir province, Ms Fahriye Kaya, who was detained following a house raid resulting in the deaths of two persons, reported to the Diyarbakır Branch of the Human Rights Association that she was threatened with rape and beaten while in detention. She also said that her eyes were bowed during detention. She still remains in prison.

Pelin Çalıskan
A representative of a journal called Atilim, Ms Pelin Çalıskan was detained on 3 March 2002 in Bursa and she reported that she was tortured both physically and psychologically.

M.I.
M.I. who was detained on 7 March 2002 in Diyarbakır reported to the Diyarbakır Branch of the Human Rights Association that she was subject to violence during detention: She stated: After being taken in custody in the District I was brought to the Directorate for Security in Diyarbakır and put in a cell. After one hour, I was taken to the interrogation room blindfolded. In the interrogation room, they were hitting my head. They were threatening me by saying that “let’s undress her and show to the Commander, let’s rape her then she should not be able to get married.” I 369 was subject to this sort of treatment during four days. I was forced to sign a paper while blindfolded. I was to faint. On the fourth day, I was taken to the Emergency Service of the State Hospital in Diyarbakir. I was later taken to the prosecutor’s office and was released.”

E.A.
Ms E.A. who was detained on 10 April 2002 and released on 12 April 2002 reported the following to the Diyarbakır Branch of the Human Rights Association: “As soon as I was detained, I was taken to the Health Centre. A nurse searched on me. When I told her that I have faint problems she took the note. From the health centre I was taken to the Gendarmerie station in Ba?ıvar. Four gendarmerie personnel took my statement. During the interrogation they were continuously swearing, and threatening me with torture. I was at the same time being hit systematically. Later, I was taken to a cell. They have not provided any meal. I was referred to the prosecutor’s office on 12 April and I was released.

H.T.
Ms H.T., who was arrested on the grounds of being member of the PKK, reported to the Legal Aid Office of Sexual Abuse and Rape Project that she was subject to torture during four days of detention. She reported that she was undressed, blindfolded, her vagina was watered. She also added that she was forced to sit on feces in the toilet. She was also sexually abused with hands.

Gülden Sönmez and Sevim Aniktar
Two women lawyers who are members of the Istanbul Bar Association, Gulden Sonmez and Sevim Anitkar, were subject to attacks and maltreatment by the prison manager and guardians in Metris Prison in ?stanbul. It was reported that these two lawyers went to the Prison to see their clients who were tortured in police detention before being sent to prison. After identifying that their clients were tortured, they asked the Prison management to refer them to the Forensic Medicine Department to get the report on the torture. Upon their request, the Prison manager and guardians attacked and hit them."

Document(s): Introduction and Contents
Cover Turkey

07.07.2004 - Source: World Organisation Against Torture

Women at particular risk of being subjected to sexual torture ("Violence Against Women - 10 reports - year 2003") [#24621],  [ID 13826]

"Women in Turkey are particularly at risk of being subjected to sexual torture. Forms of torture inflicted upon women include electro-shocks to the genitals, standing for long periods of time, being forced to strip and stand naked in front of male guards, forced virginity tests, beatings targeting the genitals and breasts, use of high-pressure water hoses, and sexual abuse including rape and threats of rape. Moreover, threats of rape are often compounded by police taunts that rape will deprive women of their virginity and their honour.
These kinds of torture and ill-treatment of women are part of the broader context of widespread and systematic use of torture or other cruel, inhuman or degrading treatment or punishment by the police and gendarmes in Turkey. [...]"

Document(s): Introduction and Contents
Cover Turkey

07.07.2004 - Source: World Organisation Against Torture

Treating victims of trafficking as criminals leads to violation of principle of non-refoulement ("Violence Against Women - 10 reports - year 2003") [#24621],  [ID 13827]

"[...] Victims of trafficking are treated as criminals by the Turkish authorities and are often summarily deported to their country of origin.
OMCT believes that by returning women without making a thorough inquiry into the risk of torture that they may face upon their return, Turkey is violating the principle of non-refoulement, enshrined in article 3 of the Convention against Torture as well as in other instruments such as the 1951 Convention relating to the Status of Refugees, to which Turkey is a State party. According to article 3 of the Convention against Torture, no State party shall expel, return (‘refouler’) or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. Before deciding to expel anyone, Turkey has the duty to take into account the human rights situation and the effective state protection against persecution in the state of return in relation to the risk that the individual concerned might face in this context."

Document(s): Introduction and Contents
Cover Turkey

07.07.2004 - Source: World Organisation Against Torture

No general protection to victims of trafficking through government ("Violence Against Women - 10 reports - year 2003") [#24621],  [ID 13828]

"The Turkish government does not generally provide protection or social services to victims of trafficking. Victims of trafficking are eligible to use only one of the eight government run battered-women’s shelters and in practice, trafficked women are unable to avail themselves of even the minimal protection offered by this one shelter.Moreover, the government’s strategy to deal with trafficking is limited to tightening immigration controls including restricting the avenues to attainment of Turkish citizenship through marriage and deportation of any foreigner linked to commercial sex-work without screening to identify trafficked persons."

Document(s): Introduction and Contents
Cover Turkey

07.07.2004 - Source: World Organisation Against Torture

Turkey major destination and transit country for trafficking in women and girls ("Violence Against Women - 10 reports - year 2003") [#24621],  [ID 13829]

"During the past decade, Turkey has become a major destination and transit country for trafficking in women and girls for the purposes of prostitution. According to the International Organization for Migration (IOM) and domestic NGOs, most trafficked women and girls in the country are from Albania, Bulgaria, Moldova, Romania, and the Ukraine. According to the IOM, arrests (and in most cases, deportation) of nationals from Moldova, Romania, and Ukraine rose from 6,000 in 1998 to approximately 11,000 in 1999.
Many girls and women come to Turkey believing that they will be legitimately employed as models, entertainers or translators. Once these women and girls arrive in Turkey, they find themselves in debt bond