Turkey. Domestic violence and sexual violence by partner or husband - Labirint
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Turkey. Domestic violence and sexual violence by partner or husband

    Turkey. Domestic violence and sexual violence by partner or husband

    We have collected instructions, recommendations and contacts, which can help you in the chosen country and situation

    01. Call the Police

    — What should I do if I am in danger and need emergency help?

    You can call the police by dialing 155.

    Do I need documents to call the police?

    It is not necessary to have all the documents with you, but it is to have all the documents in order. For example, if you do not have registration or your visa is expired, problems may arise.

    If I have any migration issues (e.g., visa overstay), is it safe for me to call the police?

    Yes, if there is an illegal situation, it can be detected by the police and there may be cases such as deportation.

    People coming from war zones cannot be sent back to these zones but can be sent to another safer city.

    ЧIn order to avoid such situations, it is important to apply immediately for getting refugee status for people coming from war zones or the required residence/work permit.

    If you have any migration issues, it may be safer to contact an anti-violence support center rather than the police.

    Should I tell the police that I am a survivor of domestic violence?

    Yes, you can. Legally, authorities have a special responsibility to keep the survivor of domestic violence safe. For this reason, it is important to specify this situation for measures such as restraining order, which will forbid the aggressor to contact you.

    However, in practice, it happens that the police do not take survivors of domestic violence seriously enough and advise them to simply “make peace” with the aggressor. They may also say that you must file a complaint or they will not take action. In such a situation, remind the police that they should actually take action without reporting. Here are the orders they must issue in cases where delay may be dangerous:

    — If requested, provide the survivor with a suitable shelter. If necessary, also provide it to the children of the survivor.

    — To provide temporary protection upon a request of the relevant person or ex officio if there is a life-threatening danger for the person.

    — Protect the survivor from threats, insults and humiliation

    — The aggressor must immediately leave the common dwelling and surroundings and allow the survivor to stay in it.

    — The aggressor should not approach the survivor and her places of residence, work or study.

    — The aggressor should not contact friends or relatives of the survivor, even if they themselves have not been subjected to violence.

    How long will it take the police to come?

    It is difficult to state anything definite about it – it depends on the region and capacity. In addition to calling the police, it would be more useful to create an emergency support request from the below-mentioned applications.

    What should I say to police when they come?

    When the police arrive, please specify that you are a survivor of domestic violence and that you want to be taken to a safe area immediately. If your life is in danger or if the violence has been going on for a while, please explain the situation clearly. In addition, please remind them that they must take a removal decision without any conditions as a legal responsibility.

    Will the police remove the perpetrator from the house?

    In cases where the delay is considered to be risky, law enforcement can also make the removal decision with the other measures above-mentioned. (As a rule, the removal decision is made by the Family Courts.)

    The removal decision from the house can be made for a maximum of 6 (six) months.

    If the first decision is for 3 (three) months, this decision can be extended by applying again before the expiry of the removal decision.

    Are there any restraining orders to contact the survivor?

    Yes. Here you can find the measures that can be taken in case of domestic violence. As a rule, these measures can be taken by the family courts. However, family courts can take these measures directly upon your request or with direction of the police or the prosecutor. So, you can request these measures directly from the court, or you can request from the police, or to the prosecutor while you are filing a complaint or when reporting the situation. They can be different.

    Protective Measures:

    — To change the workplace of the survivor.

    — To decide on a house settlement different from the shared one if the person is married.

    — To put an annotation to the title deed as a family house if the conditions are applicable and upon the request of the protected person.

    — o change the identification and other related information and documents based on the informed consent of the relevant person if it is determined that there is a life-threatening danger for the protected person and the measures to prevent this danger are inadequate.

    Preventive Measures (measures for aggressor)

    — Not to exhibit an attitude and behaviors including the threats of violence, insult, and humiliation against the survivor of violence.

    — To move from the shared dwelling or the vicinity immediately and allocate the shared dwelling to the protected person.

    — Not to approach the protected persons and their residences, schools, and workplaces.

    — If there is a previous decision to allow having a personal connection, to have a personal connection with the children together with a company and to restrict the personal connection or to revoke it completely.

    — Not to approach the friends or relatives and children of the protected person even though they have not been subject to the violence (without prejudice to the decisions that allow personal connection with children).

    — Not to damage the personal belongings and household goods of the protected person.

    — Not to cause distress to the protected person by means of communication instruments or alternative channels.

    — To hand over the officially permitted and authorized weapons to the law enforcement officials.

    — To hand over the weapon to the employing institution, even if the person is in a profession of public service that requires carrying a weapon.

    — Not to use alcohol, drugs, or stimulants in places where the protected people are present or not to approach the protected people (or kids) and whereabouts while under the influence of these substances.

    — To apply to the health center for examination or treatment and to ensure having a treatment in case of the addiction.

    Here you can also find the measures that shall be taken directly by the relevant law enforcement chiefs as well in cases where the delay is considered to be risky:

    — To provide an appropriate shelter to the person and if necessary to the person’s children in the vicinity or in some other location.

    — To provide temporary protection upon a request of the relevant person or ex officio if there is a life-threatening danger for the person.

    — Not to exhibit an attitude and behaviors including the threats of violence, insult, and humiliation against the survivor of violence.

    — The aggressor must immediately leave the common dwelling and surroundings and allow the survivor to stay in it.

    — The aggressor should not approach the survivor and her places of residence, work or study.

    — The aggressor should not contact friends or relatives of the survivor, even if they themselves have not been subjected to violence.

    I contacted the police. What will happen next?

    Firstly, appropriate measures are taken to keep the survivor safe by police and court. If you have filed a complaint against the offender via police or the prosecutor during this process, a judgment process begins. In this process, it is important to have a removal decision. 3-10 days of disciplinary imprisonment is imposed on the perpetrator who does not comply with the suspension order.

    If the perpetrator’s guilt is proven at the end of the trial, punishment is given for the related crimes such as willful injury, insult, threat, sexual assault, harassment, torment, committing someone to suicide, torture, ill-treatment, etc.

    It should be noted that in practice, unfortunately, these penalties can be converted into fines or his sentence can be postponed if the perpetrator meets the necessary conditions and has not committed a crime before. Still, the process can be a deterrent.

    What rights do I have?

    You have the right to file police reports, sue the abuser, and ask for the orders listed above.

    — Which organizations can help?

    ALO 183. This is a hotline for the Ministry of Family Affairs and Social Services. Support is provided in Turkish, Arabic and Kurdish only.

    ALO 157. You can contact the Information Center for Foreigners (YİMER) to get help in your language and ask the necessary questions.

    Istanbul Bar Association (İstanbul Barosu). You can contact the Istanbul Bar Association to get a free lawyer support regarding all these processes. If there is a Women’s Rights Center affiliated with the Bar Association such as the Istanbul Bar Association Women’s Rights Center it is also possible to contact these centers directly.

    Foreigners Communication Center (YİMER). Phone number: 157. You can contact the center to get help in your language and ask questions.

    Ministry of Family and Social Policies Directorates / Violence Prevention and Monitoring Center (ŞÖNİM). Those who are survivors of violence or who are at risk of being exposed to violence can apply to the provincial and district directorates of the Ministry of Family and Social Policies and ŞÖNİMs (Violence Prevention and Monitoring Center) if there is ŞÖNİM in their area.

    In these centers, survivors and their children are provided with medical examinations, counseling and reference information, as well as psychological assistance, legal and career counseling. There you can also request orders (prescriptions) that will protect you from the aggressor.

    Women’s Support Units of Municipalities. In the Women’s Support Units of the municipalities, support is provided for accommodation, financial support, and other relevant needs.

    If I want to withdraw a complaint, can I do this?

    This issue varies according to the crime committed by the perpetrator. For example, in the crime of injury to the spouse, the case continues even if the complaint is withdrawn by the spouse. Or, if the injury leaves a lasting physical effect on the woman, the process will continue. For example; if the threatening crime is related to life safety, the trial process continues even if the complaint is withdrawn, while it can be completely withdrawn if it is related to property. For this reason, it would be better to ask the lawyers about this issue during the concrete case.

    What evidence is needed to bring a case against the abuser?

    In order to receive a restraining order, police or court don’t require any evidence. However, during the criminal trial process, physical evidence or witnesses are required to prove the claim.

    Detection of assault and similar physical violence situations with a doctor’s report; and for cases such as economic and psychological violence that does not involve physical contact, it is very important to take witnesses’ statements in court in terms of proving the psychological violence.

    What laws control domestic and intimate partner sexual violence?

    Articles of Law to Protect Family and Prevent Violence against Woman No. 6284.

    Articles of Turkish Penal Code on related crimes. (May vary depending on the situation. e.g. Article 86: injury, Article 106: threat, Article 94/95: torture, Article 125 insult.)

    02. Get medical help

    How to get medical help?

    You can call 112 for an ambulance. In addition, if you have been abused, you can go to the nearest healthcare center, such as a family clinic or hospital emergency department.

    If medical staff suspect that I am a survivor of crime, do they have to report to the police?

    Yes. The medical staff has to report the crimes that they observed. After reporting, the criminal process described above starts. In practice, it is observed that this obligation is not always met. If you want them to report to the police, please let them know.

    03. Get in touch with a helping organization

    Which organizations can help?

    Organizations that help women:

    Purple Roof Women’s Shelter Foundation (Mor Çatı): https://morcati.org.tr

    Federation of Women’s Associations of Turkey (TKDF): https://www.tkdf.org.tr/hakkimizda?lang=en

    Organizations that help refugees and migrants:

    UN High Commissioner for Refugees (UNHCR): 444 48 68, (0312) 409 70 00

    Life support association:: (0800) 670 10 10, E-mail: bilgi@hayatadestek.org

    Human resources development foundation (IKGV): (0212) 562 50 62 E-mail: ikgv@ikgv.org

    Foundation for solidarity with women (KADAV): (0545) 220 10 22 E-Mail: info@kadav.org.tr

    “Blue kalem” social assistance and solidarity association (MAVI KALEM): (0212) 635 38 35, E-mail: mavikalem@mavikalem.org

    Association for solidarity with refugees and migrants (SGDD-ASAM): (0312) 212 60 12, E-mail: info@sgdd-asam.org
    Ассоциация «ЮВА» (YUVA): (0216) 325 00 44, E-mail: Yuva@yuva.org.tr

    04. Useful apps:

    KADES. An emergency response mobile application created by the General Directorate of Security. It provides support including in Russian.

    Link for Apple

    Link for Android

    Application of TKDF (Federation of Women’s Association of Turkey). Through it, you can call the federation hotline or call emergency services.

    Did our instructions help?

    When compiling the instructions, we relied on the help of volunteers and lawyers from different countries. If something went wrong – the organization didn’t respond to you, you found a bug or the instructions weren’t precise enough – tell us about it. Email us at: help@labirint.online

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