Marta Sömek 

 

ISTANBUL - Evaluating the increasing male violence during the pandemic process and the policies of impunity in the judiciary, Istanbul Bar Association Women's Rights Center Chairperson Şükran Eroğlu stated that women experience difficulties in accessing justice because they cannot leave the house, cannot reach the courthouses, and cannot get enough support from the police.

 

With each passing day, we witness that the non-stop male violence and massacres of women increase with the coronavirus epidemic that swept the whole world as of March 2020. Şükran Eroğlu, Chairperson of the Istanbul Bar Association Women's Rights Center, made evaluations for our agency in this layer of the series we prepared on women who have been subjected to violence and the support applications received with the "full lockdown" process.

 

Stating that 12,101 women applied to the Istanbul Bar Association in 2019, Şükran stated that not all of these applications applied for protection order, 1800 women applied for an injunction, and there was always violence in those who applied for divorce. Şükran shared that economic, psychological, and sexual violence is not emphasized because only physical violence is perceived within the scope of violence, and that they see that there is always economic, psychological, or sexual violence in divorce cases.

 

‘9,394 women applied in 2020’

 

Noting that the existence of violence is always in question even if a protection order is not requested, Şükran stated that 9,394 women applied to legal aid offices in 2020, adding that the number decreased slightly in 2020 compared to 2019, and they attributed this to the inability of women to access mechanisms during the pandemics. Expressing that when women go to police stations, they receive feedback such as "Your home is the safest place, go to your home", Şükran underlined that is why women have difficulties in exercising their legal rights and accessing justice.

 

‘No access to justice’

 

Şükran said: "There was a great deal of access by telephone, but this could not be achieved by accessing justice because women could not leave their homes." She mentioned that many women could not get results due to both the curfew and the slow functioning of the judicial mechanisms at that time. Emphasizing that many women are exposed to much more violence at home, Şükran stated that they also experience difficulties in accessing justice because they cannot leave their homes, cannot reach the courthouses, and cannot receive adequate support from the police.

 

‘Decrease in numbers does not mean that violence has decreased’

 

Noting that the decrease in the number of applicants does not mean that violence has decreased or that women have reached a more comfortable atmosphere, Şükran emphasized that it is an indicator of the increase in violence. Noting that she could reach the bar association or seven legal aid offices by phone, Şükran said: "Whatever their financial situation is, we appoint a lawyer without looking for any documents, and the lawyer immediately applies to the court for a protection order, and a protection order is issued within a day."

 

‘The duration of the injunctions has been reduced to 15 days’

 

Stating that they sent the applicant to a shelter according to her request, Şükran shared that as a result of the examinations they conducted in the files for which injunction orders were requested according to Law No. 6284 in all legal aids in 2019, they found that injunction orders were generally given within two days at the latest and that nearly 95 percent of their requests were accepted. She stated that the mechanism works very quickly, but the duration of the injunctions has been reduced to 15 days. "However, these decisions can be made for up to six months. In the past, all family courts were in charge, but now a family court gives injunctions in each courthouse, and two family courts deal with objections," she said. Şükran mentioned that the period has been increased up to two-three months and they are still requesting for a six-month period. 

 

‘We received complaints from women that they could not get any support’

 

Pointing out that the cases of violence have progressed to an even more negative point after the decision to withdraw from the Istanbul Convention, Şükran shared that they started to receive complaints, especially from women who applied, that they could not receive any support when they went to the police. She stated that they were faced with statements such as "We will not do anything, go to the courthouse", and in the face of this situation, women were worried about "How can I go to the courthouse, if the perpetrator is following me".

 

Underlining that the Istanbul Convention and the Law No. 6284 are still in force and that the law should be implemented immediately and effectively, Şükran made the following assessment: "The police should immediately refer the woman to the bar association and provide legal support, if she wants to go to a shelter, she should immediately send to the Violence Prevention and Monitoring Center. (ŞÖNİM) and if she still needs financial support, police should get it done through the district governor's office. According to the law no. 6284, the law enforcement has the authority to issue an injunction, the law enforcement can use all their powers in emergencies."

 

‘Law enforcement must fulfill its obligations’

 

Referring to the importance of the legal aid request, Şükran reminded that the woman named Ayşe Tuğba Arslan applied to the prosecutor's office 23 times and was killed after the last post on her social media account, "Are you waiting for me to be killed?" Şükran said: "Again in Diyarbakır, our colleague Müzeyyen Boylu applied 11 times and the protection orders she could get were 10-15 days." Şükran called for the police to fulfill their obligations at this point and stated that should need to take immediate protection measures.

 

‘Police are neglecting their duty’

 

Noting that the Istanbul Convention tells the parties what kind of arrangements they will make in domestic law and that the police should act very effectively and sensitively at this point, Şükran said: "The police do not do this, they neglect their duty, for this we tell women to file a criminal complaint for neglecting their duty, but unfortunately they are afraid." Stating that women who are victims of violence are already in a very traumatic state, Şükran said that they do not want to experience a secondary victimization and do not want to make any complaints.

 

Expressing that everyone can be subjected to violence and that violence should never be kept silent, Şükran said: "I am a lawyer, and my lawyer colleague was killed by a doctor, many of our attorney friends are also exposed to violence." Şükran stated that the whole world is dealing with violence and called for never giving up the struggle.

 

‘We should not give up on the Istanbul Convention’

 

Reminding that every individual in the society should act sensitively against violence, and said that in the Law No. 6284, it is stated that "If you witness violence or want to take someone under protection, report it to the authorities", Şükran noted that violence can only be overcome by fighting together as a society. Finally, Şükran said: "Violence is such a spiral that it spreads to children, families and society, so we should not give up on the Istanbul Convention to put an end to violence."