Forced marriage in Turkey; outcome when a woman refuses to marry the designated man; outcome when a woman elopes with another man; attitude of state and availability of state protection [TUR37045.E]

In 1999, Pinar Ilkkaracan, Director of the Turkish organization Women for Women's Human Rights, conducted a study on women's sexuality in Eastern Turkey, whose results were published in Women Living Under Muslim Laws (Nov. 1999, 103). She interviewed 599 women, from the age of 15 to 75, who were from 19 different communities located in Southeastern and Eastern Turkey (ibid.). Pinar Ilkkaracan makes the following distinctions between Eastern and Western Turkey:

Turkey is one of the countries most seriously affected by problems resulting from regional differences in socio-economic conditions, which are progressively worse as one moves from West to East. These have a negative impact on the overall standard of living, the effects of which are experienced more by women than men. The West of Turkey consumes most of the private and public sector resources and is also highly urbanised, while most of the population in the East lives in rural areas...Although primary school education has been mandatory in Turkey since 1927, in 1990 half of the women in Eastern Turkey were illiterate compared to 21.6 per cent of men. The illiteracy rates are much lower in Western Turkey, 19.7 percent and 7.4 per cent for women and men respectively (ibid., 101-102).

The following excerpts on forced and arranged marriages and extra-marital relationships in Eastern Turkey come from Pinar Ilkkaracan's study:

Forced and arranged marriages

Although under the Turkish Civil Code the consent of both the woman and the man is a precondition for marriage, women often have no influence over the choice of their prospective partner and frequently marry against their will. In fact, even in cases where the women are consulted about the choice of their husband, a high degree of social control over women's sexuality is maintained through a taboo on premarital sex, certain forms of religious and cultural practices related to marriage and severe violence, all of which limit the space for women to exercise their right to consent fully.
A majority of the marriages (61.2) per cent were arranged by the families; only every fourth marriage was arranged by the couple themselves. However, even when the marriage is arranged by the couple, the agreement of their families is very often a precondition for the marriage. One in 20 marriages was a berdel case, a tradition where a women is offered as compensation to the family of their father's or brother's wife. These marriages are based on the exchange of brides who have "equal value", which means that if one marriage fails, the other has to fail too. Therefore, in this kind of marriage the women are more of less hostages and the families are not likely to allow the women to run away or divorce. One woman was offered as a wife to a family as compensation for an offence committed against them by her male relatives, and another was forced to marry the younger brother of her deceased husband. The tradition of betrothing girls while they are still infants seems to be disappearing, although it continues to be practiced (0.9 per cent).
[...]

Extra-marital relationships

At the present time, there are no official laws in Turkey restricting the right of a woman to engage in a relationship with any man or woman of her choice before, during or after marriage. However, extra-marital relationships are an absolute taboo for women in the region, whereas men's extra-marital affairs are widely accepted through the institution of polygyny. The customary penalty for women suspected of such a crime in the region is usually death, the so-called honour killings. "Honour killing" is a term used for the murder of a woman suspected of having transgressed the limits on sexual behaviour as imposed by tradition, specifically engaging in a pre-marital relationship with a man or suspected extra-marital affairs.
Until 1996, the Turkish Criminal Code made fornication a criminal offence and differentiated between men and women in the definition of fornication. In December 1996, the article which defined fornication by men and, in June 1998, the article which defined fornication by women were both annulled by the Turkish Constitutional Court on the grounds that the differences violated article 10 of the Turkish Constitution, which states that men and women must be equal before the law. The annulled articles stated that for a woman one complete sexual act with a man other than her husband was sufficient for conviction for fornication. A married man could not be convicted of fornication unless it was proved that he was living together with a woman other than his wife. Since the annulment of theses articles, fornication is not considered to be a crime in the official legislation.
[...]
The removal of fornication as a criminal offence in law is very recent, and although there are no provisions explicitly referring to "crimes of honour" in the Turkish Criminal Code, this tradition is still supported in law. An extra-marital affair of a husband or wife is considered to be a "provocation" and the sentence can be reduced by one eighth if such provocation is deemed to have taken place (ibid., 106, 108-109).

Country Reports 2000 states the following on "honor murders":

"Honor murders"--the killing by immediate family members of women who are suspected of being unchaste--continue in rural areas and among recent immigrants to cities; according to media reports, there may be dozens of such murders every year. Under the law, killings that were "provoked" (such as honor killings) can receive a lighter sentence than other types of murders. Because of further sentence reductions for juvenile offenders, observers note that young male relatives often are designated to perform the killing. Government authorities have tried to send a clear message of intolerance for this practice through the prosecution of those responsible for the murders, but it continues. Another dimension of this problem is suicides among young girls forced into marriage. Such suicides are most common in the southeast, where suicides have risen more than 50 percent since 1993 and where 80 percent of suicides are by women. The traditional practice of "virginity testing" continues, despite governmental regulations prohibiting it unless requested by the woman (2001).

In November 2000, Washington Post reported that in southeast Turkey, "the most traditional area of Turkey," suicide rate among young women is rising (9 Nov. 2000). This region of Turkey "is also an area where tribal traditions are strong and illiteracy is widespread. Girls as young as 13 are sometimes married to sexagenarians against their will." (ibid.).

A Turkish newspaper reported in June 2001 that three brothers got reduced sentences for killing in Istanbul in June 2000 their sister who had been reportedly forced into marriage (Turkish Daily News 13 June 2001). The three brothers received first life sentences, but the Istanbul court reduced the sentences "on the grounds that there had been 'serious provocation' since the victim had allegedly run away from the husband's home five times and 'engaged in prostitution' (ibid.). One brother received 12 years, the other 8 and the third one, who had received 4 years, was released "due to the particularities of the Turkish legal system" (ibid.).

An article published in The Los Angeles Times states that in reference to "honour killings", mainly in southeast Turkey: ..."the government is preparing legislation that would abolish the commonplace practice of reducing penalties for honor killings" (10 Sept. 2000). However, the same article discusses social attitudes and the impact they have on decision makers:

"There is huge social pressure on our judges to lessen the sentences," says Sabri Cepik, who chairs the Sanliurfa Bar Assn. "In the eyes of the people, the murderer is merely carrying out his duty. He too is a victim, because he has no other choice but to do as he's told."
[...]
Senay Eser, a senior government official involved in the development [legislation] project, acknowledges that laws can do little to deter honor killings in the impoverished southeast "until the hold of the tribes is broken."
For now, there are few signs that Turkey's politicians want to challenge the tribal structure of the Kurdish region. Good relations with its leader can secure the votes of an entire tribe. Many lawmakers elected from the Kurdish provinces are tribal leaders themselves.
"Criticizing honor crimes would be political suicide for these people," says Hashim Hashimi, a Kurdish lawmaker from the southeastern province of Diyarbakir (ibid.).

No information specific to elopement could be found among the sources consulted.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References


Country Reports on Human Rights Practices for 2000. 2001. United States Department of State. Washington, DC. http://www.state.gov/www/global/human_rights/2000/eur/index.cfm?docid=844 [Accessed 11 June 2001]

The Los Angeles Times. 10 September 2000. "In Modern Turkey, Women Continue to Pay the Price for Honor." http://www.latimes.com/news/nation/updates/lat_honor00910.htm [Accessed 18 June 2001]

Turkish Daily News [Ankara]. "Turkish Press Scanner: Hurriyet." http://turkishdailynews.com/FrScannr/latest/scn_head.htm [Accessed 13 June 2001]

The Washington Post. 9 November 2000. "Suicides of Women Rising in Traditional Southeast Turkey." www.washingtonpost.com [Accessed 13 June 2001]

Women Living Under Muslim Laws [Grabels, France]. November 1999. Dossier 22. Pinar Ilkkaracan. "Exploring the Context of Women's Sexuality in Eastern Turkey."

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