Communication in accordance with Rule 9.2. of the Rules of the Committee of Ministers concerning Opuz v. Turkey Group of Cases (no. 33401/02)
December 2024 – Istanbul
I- Introduction
This Rule 9.2 submission addresses observations and recommendations by Mor Çatı Women’s Shelter Foundation under Rule 9(2) of the “Rules of the Committee of Ministers for the supervision of the execution of judgments and the terms of friendly settlements” regarding the individual measures and general measures required for the implementation of the Opuz group of judgments.
Mor Çatı Women’s Shelter Foundation was established in 1990 to combat violence against women. The experiences of women who applied to Mor Çatı demonstrate their needs and the barriers they face as they try to distance themselves from violence. To combat violence against women and ensure gender equality, Mor Çatı, based on the information obtained from women, monitors and reports on the implementation of laws, regulations and international conventions, including Istanbul Convention and CEDAW, providing policy recommendations to decision-makers such as the Ministry of Labour, Family and Social Services, the Ministry of Justice and the Ministry of Interior.
II- Case Summary
This group of cases concerns the failure of the authorities to protect women (the applicants or their female relatives) from domestic violence, despite having been reasonably informed of the real and imminent risks and threats (Articles 2 and 3). In the cases of Opuz, M.G. and Halime Kılıç, the Court also found that the failure to protect the women was discriminatory on grounds of gender (violation of Article 14 in conjunction with Articles 2 and 3).
As regards preventive measures, the Court criticised the authorities’ failure to offer alternative solutions to women unable to stay in shelters, the lack of provision for the security of victims in shelters, and the failure of the authorities to issue injunctions when needed and delays in issuing and serving them. Moreover, the Court found that when prevention orders were issued, sanctions were not applied for breaches, making them ineffective and affording impunity to offenders.
Furthermore, the Court identified specific problems with the legislative framework, namely the exclusion of divorced women from the protection offered to married women by the Family Protection Act and the requirement under the Criminal Code then in force for a complaint by the victim in order for an investigation to be pursued in relation to less serious injuries.
More generally, it criticised the lack of sufficient deterrent and protective effects in the criminal law system stemming from a degree of tolerance of domestic violence by the authorities. The problems identified included delays in initiating investigations and failures to conduct them effectively, failures by judges when considering pre-trial detention to evaluate the risk to victims, discontinuances of proceedings following the withdrawal of complaints by victims, delays in completing criminal proceedings, and inadequate sentences, including mitigation of sentences on grounds of custom or honour.
III. Individual Measures
Mor Çatı Women’s Shelter Foundation would like to comment on the individual measures required for the implementation of the M.G. v. Turkey Case (646/10). Mor Çatı has been providing support to M.G. since 2005 and therefore we have first-hand information about her case.
In 2023, after M.G.’s ex-husband received a three-year prison sentence, he appealed the decision. During this time, M.G. faced violence and threats from her son and was referred to a government-run shelter by Mor Çatı. M.G. briefly stayed in a first-step unit, where women are assessed for suitability for shelter accommodation, and she encountered significant difficulties during her stay. These included lack of access to critical social services, confiscation of her medications, and mistreatment by the staff, which included communication restrictions and an unwelcoming environment. With the necessary social work support provided by Mor Çatı, M.G. was able to secure a restraining order against her son and return to her home. She subsequently filed an official complaint regarding the conditions and treatment she faced at the first step center. Following her complaint, representatives from the Ministry visited her home. However, during this visit, she was advised not to receive support from Mor Çatı from now on.
The case of M.G. highlights the ongoing gaps in Turkey’s approach to addressing violence against women. Despite legal proceedings, M.G. has been unable to access the comprehensive social services she urgently needs. This case underscores the absence of a holistic framework to combat violence. It is essential that the state guarantees her access to justice and provides all necessary support services without delay.
IV- General Measures
Women in Turkey are not adequately protected against male violence, and state mechanisms fail to provide comprehensive support in addressing violence. The primary reason for this failure is the Turkish state’s lack of political will to combat violence against women and its policies that exacerbate gender inequality, the root cause of such violence.
The European Court of Human Rights’ recent judgment in Vieru v. the Republic of Moldova (no. 17106/18, 19 November 2024) further underscores the importance of adopting a holistic approach to domestic violence cases. In this case, the Court found a violation of Article 14 in conjunction with Articles 2 and 3, emphasizing that acts of domestic violence must never be assessed in isolation but rather as part of a broader course of conduct. This failure to address domestic violence as a systemic issue led to the violation of the victim’s rights under Article 3. Similarly, the lack of a holistic and integrated approach to domestic violence cases remains a critical issue in Turkey. As noted in the Mor Çatı reports submitted to the Committee of Ministers in previous years, Turkey’s state mechanisms continue to fall short in ensuring the protection of women and addressing male violence effectively. This parallels the issues identified in the Vieru judgment and highlights the urgent need for structural reform and a commitment to combating violence against women at both national and international levels.
In August 2024, the case of a young girl who went missing in a village in Diyarbakır and could not be located for 19 days in a village of 20 households, coupled with suspicions surrounding the investigation process, drew public attention[1]. In October 2024, consecutive cases of femicide and sexual violence further fueled public outrage over the failure to protect women and children from violence, sparking intense debates about the impunity granted to perpetrators[2].
Femicides are the most visible consequence of violence against women and the state’s failure to protect them. According to data collected from media reports, between January 1, 2024, and November 18, 2024, men killed at least 344 women and inflicted violence on at least 558 women over 322 days. During the same period, the deaths of at least 263 women were classified as “suspicious.[3]” At least 35 of these women were killed despite having protection orders. As a women’s organization providing direct support to women, we observe that institutions fail to monitor the implementation of protection orders, offer social support to assess risk factors, or collaborate with women to address these risks. Protection orders are often issued as generic, copy-paste decisions, and women are not provided with comprehensive information about their rights.
a- Protective and Preventive Measures
Following Turkey’s withdrawal from the Istanbul Convention, the legal framework for addressing violence against women in Turkey is now primarily supported by Law No. 6284. This law establishes the framework for addressing violence against women, including provisions for the establishment of shelters, the issuance of restraining orders, and the implementation of confidentiality orders. The law stipulates that these measures should be taken by law enforcement officers, prosecutors, and Family Courts, with these decisions based on the statements of the affected women and the principle of non-discrimination. However, the experiences of women seeking assistance from Mor Çatı and the experts working in this field suggest that there are significant challenges in implementing these measures effectively.
Law No. 6284 aims to regulate the procedures and principles regarding the measures to be taken for the protection of women and children who have been subjected to violence or are at risk of being subjected to violence and for the prevention of violence against them. However, as we have noted in our previous reports, there are serious problems regarding the risk assessment and implementation of these measures. One of the most concrete indicators of this problem is that cautionary decisions are issued for short periods of time without analyzing the risk of violence that women face.
The experiences shared by the lawyers interviewed for this report, along with those of the women receiving support from Mor Çatı and the social workers supporting them, reveal several critical issues. Protection orders are often issued for very short durations, and Violence Prevention and Monitoring Centers (ŞÖNİM) fail to adequately follow up on these orders. Furthermore, some family court judges even reject requests for protection measures.
For example, the judge of the 8th Family Court in Bakırköy, Istanbul, denied a woman’s request for a six-month restraining order extension during her divorce proceedings after her two-month order had expired. The judge justified the rejection by citing a Constitutional Court decision, stating, “Since the Constitutional Court considers the application of protection measures under Law No. 6284 without new evidence a violation of rights, the petitioner’s request for a protection order against the other party is denied.”
However, the Constitutional Court decision referenced by the judge does not pertain to Law No. 6284 but rather to a violation of the applicant’s right to a reasoned decision. This demonstrates how the judge arbitrarily interpreted the Constitutional Court’s ruling, effectively violating the woman’s right to protection against violence.
Women who are killed despite having protection orders highlight the inadequacy of protective measures. According to data compiled from media reports, 32 women were killed in November alone, six of whom were under protection orders at the time. In November, the Minister of Interior commented on women killed despite protection orders, stating, “Despite having protection orders, last year, 32 women did not heed our warnings; they opened the door when the perpetrator came, and he shot them inside.”[4] This statement underscores a fundamental issue in the approach to implementing protection measures and reflects a tendency to blame women for the violence they experience.
Beyond protection orders, women frequently require additional forms of support to live a life free from violence. However, not only are protection measures often granted for limited periods, but other essential requests, particularly alimony and custody, are also frequently denied.
Women who request restraining orders and confidentiality measures often face significant obstacles in securing these protections for their children or obtaining temporary custody. This gap poses a serious security risk. Even when restraining orders are granted, Family Court rulings frequently compel women to interact with perpetrators to facilitate father-child visitation, prioritizing paternal relationships over safety concerns.
Measures such as protection orders and/or the use of electronic bracelets for perpetrators can have fatal outcomes due to shortcomings in risk assessments and the lack of active monitoring and intervention by the police. Cases where coercive imprisonment is not enforced for perpetrators violating these orders or where electronic bracelets are not properly monitored clearly highlight the issues in this system. According to a news report, in Ankara on September 14, Gafer Bozdemir, who was in the process of divorce, killed his wife, Döne Bozdemir, despite being monitored with an electronic ankle bracelet. It was revealed that Gafer Bozdemir had been sentenced to three days of “coercive imprisonment” and murdered Döne Bozdemir on the second day of this sentence[5]. A woman who reached out to Mor Çatı reported that, due to safety risks, the perpetrator was fitted with an electronic ankle bracelet. However, the perpetrator shared a post on social media saying “break the chains,” effectively breaking the bracelet. When the perpetrator told the police that “the bracelet fell off,” no action was taken. Upon explaining this situation to the police, the woman was told, “We can’t do anything, just lock your door.” ŞÖNİM informed her that, “We applied for a new electronic bracelet, but it will take a long time to get it.”
b- Barriers to access to justice
As highlighted in our previous reports, ongoing impunity is one of the fundamental barriers to women’s access to justice. Publicly discussed examples of impunity not only discourage women from filing complaints but also embolden perpetrators. A concrete example of this was seen in a murder case that was reported in the media. After obtaining a three-month restraining order against her husband, Senem Kıvrık was stabbed and killed by him in the middle of the street. It was later discovered that, following the murder, her husband, Muhittin Kıvrık, had searched online with the query, “What should I do to make my wife look at fault?[6]” In his statement, he claimed that his wife had cheated on him. This view suggests that the perception of infidelity as a valid excuse for provocation in court has led men to use it as a justification for murder.
c- Support mechanisms
The challenges in the functioning of mechanisms to combat violence against women in Turkey create significant barriers for women seeking protection and justice. Specialized social service mechanisms provided by the state remain inadequate in both quantity and quality. Despite the need for a holistic and coordinated approach, inter-institutional coordination is strikingly absent. The rise of anti-gender rhetoric has further weakened the fight against violence, rendering policies and practices ineffective, as reflected in the attitudes of practitioners.
Turkey lacks a specialized hotline or counseling center for women to initiate applications for social services. Currently, the only specialized service available to women exposed to violence is shelter support, which often requires an initial application to law enforcement. However, law enforcement has increasingly become the primary authority for situations that could otherwise be addressed through social services. Women who apply to Mor Çatı frequently criticize law enforcement for inadequate and harmful practices.
Furthermore, recent measures such as electronic bracelets and the KADES app, introduced to reduce femicides, have not delivered their intended outcomes due to the absence of a comprehensive and coordinated system. Women’s experiences shared with Mor Çatı indicate inconsistent practices in accessing these mechanisms and a lack of accountability for practitioners’ misconduct, undermining the effectiveness of these tools.
The story of a woman who reached out to Mor Çatı reveals how support mechanisms fail to provide adequate assistance and protection for women facing violence:
A woman who endured systematic violence throughout her marriage and continued to experience abuse from her husband even after their separation shared her case. The perpetrator appeared at her doorstep, threatened her, broke down her door, and later went to her mother’s house, attempting to kill her by running her over with a car. The mother sustained permanent injuries as a result. Following the woman’s complaint, a decision was made to impose an electronic ankle bracelet for 4 months (April 2023), and then for 1 month (August 2023). The ankle bracelet was removed when the perpetrator was imprisoned for unrelated crimes. Upon his release, the woman requested the family court to reissue the monitor, citing his past violence and attempts to kill her. The court denied the request, issuing only a three-month restraining order.
Subsequently, the perpetrator kidnapped the woman, took her to an isolated area, and tortured her for hours. He beat her with a wooden stick, breaking her leg and nose, and tried to strangle her. She recalled losing consciousness. When she regained awareness, they were on the road. In the car, the perpetrator continued to assault and threaten her, repeatedly saying he would kill her. He eventually took her to his house under duress. At the house, her children insisted he take her to the hospital. At the hospital, he falsely claimed she had fallen down the stairs, and no one questioned this explanation. She was held captive in the house for ten days. When the perpetrator inadvertently left his key in the door, she and her children escaped. The woman reported that the ŞÖNİM only provided support during the period the electronic ankle monitor was in use. After escaping, she sought assistance from a police station in Istanbul, requesting shelter for herself and her children. However, the police told her, “Your 13-year-old son and 16-year-old daughter will go to a state facility; you can then go to a shelter,” and referred her to Mor Çatı instead. Mor Çatı contacted ŞÖNİM after speaking with the woman, explaining the severe risk to her life and her need for a safety plan that would not separate her from her children. ŞÖNİM initially offered no solutions and only scheduled an appointment for the following day. After persistent follow-up, they said they would contact the woman, but when they did, they reiterated the same response—that her children would need to go to a state facility.
- Law Enforcement
Law enforcement units, as defined by legislation, are the frontline authority for women seeking assistance. Consequently, they are the most contacted institution by women experiencing violence and, unfortunately, the setting where poor practices are most frequently encountered. A pervasive atmosphere of impunity for these poor practices allows them to persist without repercussions.
For many women who consult Mor Çatı, the deterring attitudes and behaviors of law enforcement staff pose significant barriers to seeking help, accessing shelters, and filing official complaints to escape violence. Such behaviors include rudeness, sexist and judgmental remarks, providing false information to dissuade women from going to shelters, or discouraging them from filing complaints by claiming the process would be futile.
- Hotline
The government presents the Alo 183 Social Support Line as a hotline, but it actually operates as a 7/24 call center rather than a professional intervention service. When the line is called, the calls are answered by call center employees, not trained professionals. These employees lack the knowledge to support women effectively, conduct risk assessments, or coordinate necessary support services. As a result, they can only redirect calls or provide basic information. The absence of an emergency helpline where women victims of violence can receive immediate support during crises or as an initial step remains a significant barrier to the effective fight against violence against women.
d- Non-Deterrent Effect of Sentences and de facto impunity
As reiterated in the report, impunity is a widespread issue that also concerns the public. President Erdoğan has acknowledged this situation, pointing to the perception of impunity within society[7]. The penal execution law in Turkey results in perpetrators not being detained even if they are convicted. They either serve their sentences in open prisons or are released shortly after. This situation has created a societal perception that crimes in Turkey, not limited to violence against women, go unpunished. This perception has deeply rooted itself, undermining public trust in justice and weakening deterrence mechanisms. When it comes to crimes against women, the state must disclose data to highlight the issue of impunity. This includes information on how many complaints are converted into legal cases, the outcomes of these cases, the sentences determined during appellate and supreme court processes, and the duration perpetrators of violent crimes spend in closed prisons following the execution of their sentences. Furthermore, the timelines of these processes should also be shared transparently. The fact that perpetrators of violence often serve their sentences in open prisons effectively means that they can continue committing acts of violence against women.
V. Conclusion and Recommendations
The failure to implement the Opuz group judgments perpetuates the ongoing issue of impunity in cases of violence against women. This climate of impunity emboldens perpetrators to continue their violent actions while disempowering women who have distanced themselves from violence.
We request the Committee of Ministers to ask the Government of Turkey to:
- Reverse its decision to withdraw from the Istanbul Convention, as a demonstration of commitment to combating violence against women and implement the treaty without any reservations.
- Monitor the National Action Plan to Combat Violence against Women (2021-2025) and share its findings with the public. Establish an external evaluation mechanism that works with women who have sought help from violence prevention mechanisms, institutional staff, and expert women’s organizations in the field.
- Involve women’s organizations in the process of developing the new National Action Plan to Combat Violence against Women. The new plan should be based on an evaluation of the previous plan’s outcomes.
- Establish an integrated data system for coordination between ŞÖNİMs and all relevant institutions, to ensure effective collaboration and coordination among the institutions involved.
- Sanctions should be applied to stop the misconduct of law enforcement officers. A system should be established where women can easily provide feedback or file complaints, and disciplinary action should be taken against officials responsible for misconduct.
- An external evaluation mechanism should be established to conduct interviews with women who have received support from ŞÖNİM.
- A simple and accessible feedback mechanism should be created for women to report their experiences and issues regarding the support they received from ŞÖNİM.
- A transparent process should be implemented for handling complaints and following procedures.
- Staff should receive regular in-service training to maintain a gender equality perspective and keep their knowledge on mechanisms for combating violence against women up to date.
- Take measures to ensure that shelter admittance is carried out promptly and without discrimination (including against migrant women, trans women, etc.), and provide alternative accommodations where women can stay with their children when shelters are full.
- Establish a dedicated 24/7 public emergency hotline specifically for women subjected to violence.
- Facilitate women’s ability to file complaints at local police stations instead of being redirected to specialized units, and ensure that investigations are initiated promptly with clear time limits for each investigative step.
- Revise the execution law regarding crimes against women to ensure that individuals convicted of violent offenses serve their sentences fully and appropriately.
- Disclose comprehensive data to address the issue of impunity, including the number of complaints that lead to legal cases, case outcomes, sentences determined during appellate and supreme court reviews, the time perpetrators of violent crimes spend in closed prisons, and the timelines of these processes, ensuring full transparency.
[1] https://www.dw.com/en/turkey-failing-to-tackle-violence-against-children/a-70310542
[2] https://www.dw.com/en/outrage-in-turkey-over-spate-of-brutal-murders-of-women/a-70542846
[3] https://bianet.org/haber/men-killed-4-179-women-injured-7-221-women-in-15-years-302013
[4]https://ankahaber.net/haber/detay/icisleri_bakani_yerlikayadan_kadin_cinayetleri_yorumu_gecen_sene_32_hanimefendi_ikazimiza_uymadi_kapiya_adam_gelince_acmis_iceride_vurmus_onu_206341
[5]https://www.sozcu.com.tr/cinayet-geliyorum-demis-hakkinda-zorlama-hapis-karari-varken-esini-oldurmus-p84717
[6]https://www.cumhuriyet.com.tr/turkiye/senem-kivrik-cinayetinde-korkunc-ayrintilar-katil-erkegin-internetten-2242090
[7]https://medyascope.tv/2024/10/09/cumhurbaskani-erdogan-kriminal-tiplerin-ortalikta-dolasmasindan-rahatsiziz-cezasizlik-algisi-kalkacak/
