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May 24, 2012
 
 
 
 
 
 
Columnists 12 June 2009, Friday 0 0 0 0
NICOLE POPE
n.pope@todayszaman.com

Opuz vs. Turkey

In a landmark ruling on domestic violence, the European Court of Human Rights has just found Turkey guilty of acting in a discriminatory way by failing to adequately protect Nahide Akgün (Opuz) and her mother from violence at the hands of her abusive former husband, H.O.
The judgment should serve as a warning not just to Turkey, but to the 47 states bound by the European Convention on Human Rights: Protecting victims of domestic violence is the responsibility of the state.

Will this verdict act as a wakeup call for the Turkish authorities? Let's hope so. The first official reactions have so far been somewhat defensive. Güldal Akşit, who heads the new Parliamentary Commission on Equal Opportunities for Men and Women, complained that it was unjust to sentence Turkey “on the basis of one unfortunate incident” when so much work has been done since 2002.

Turkey does have legislation (Law No. 4320) that allows judges to take swift action to protect victims, but rights advocates have long argued that it is not properly implemented.

The European court's ruling is not based on a single event: The case is a long catalogue of abuse, spanning several years. On numerous occasions, the authorities were told of the threats made by H.O against his wife and her mother, whom he held responsible for his marital woes because she stepped in to shield her daughter from constant abuse. Fear led the plaintiff to withdraw some of her statements, but the court felt the authorities should have acted nonetheless, given the severity of the violence. Yet at one point, a report found that she had “wasted police time.”

From the beginning, relations between Nahide Akgün and H.O., who had three children, were stormy. In 1995, Nahide and her mother were badly beaten up by H.O. The following year, Nahide sustained injuries that a medical report described as sufficient to endanger her life during another of her husband's angry outbursts. In 1998, H.O. pulled a knife on his wife. Charges were filed. A month later, he ran a car into her and her mother, claiming it was an accident, but the victims described how after Nahide fell to the ground, he reversed and drove forward, targeting her mother, who was wounded. H.O. was jailed for 25 days in prison for this particular offense.

In 2001, Ms. Akgün was stabbed seven times. For this crime, H.O. received a modest fine, payable by installments. As death threats were issued and harassment escalated, she alerted the authorities on several occasions. Eventually, in March 2002, when H.O. spotted a removal van loading house furniture for a transfer to İzmir, he pulled out a gun and killed his mother-in-law, who was sitting in the truck next to the driver.

It took six years for the trial to be concluded, and the appeal process is still pending. At his trial, H.O. claimed his wife's mother had induced her daughter to lead an immoral life and he had acted to defend his “honor.” The judge accepted that he had acted under provocation, reduced his sentence to 15 years and 10 months and released him for time served. H.O. immediately renewed his threats to kill his now ex-wife. Today, Nahide Akgün is in hiding, still frightened for her life.

Her case stands out thanks to the European court's decision, but it is far from unique. Almost every day, we read reports in the media of women killed by a violent partner, often when they were trying to break the cycle of abuse. A couple of days ago, a 23-year-old mother was strangled in front of her 3-year-old son, who confirmed to the police that his dad had killed his mom. How will he get over the trauma?

In Afyonkarahisar, a 19-year-old girl has just been killed for refusing to get married. Some men woo girls with roses and chocolates: This suitor used a stick and kidnapped the girl, a relative, with the help of two other family members. When the marriage proposal was turned down, they shattered the young woman's limbs and beat her to death.

There is an urgent need for the government to train police officers and members of the judiciary to ensure that victims of family abuse are protected. But to curb the epidemic of violence, a multi-pronged public education campaign should be launched, aimed at redefining gender relations. This battle cannot be won by women's rights advocates alone. It has to include, and target, young people and men as well.

Columnists Previous articles of the columnist
12 June 2009
Opuz vs. Turkey
9 June 2009
Labour pains
5 June 2009
Childcare as growth engine
2 June 2009
The wheels on the EU bus go round
29 May 2009
Same goal, different approaches
26 May 2009
Cacophony
22 May 2009
Making way for the young
19 May 2009
Harmful practices, harmful words
15 May 2009
Justice starts at home
12 May 2009
Endangered species
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