‘Restraining order notifies to the perpetrator of violence by phone’ 

2021-04-20 17:18:23


	 

	 

	Dilan Babat 

	 

	ANKARA - Attorney Fatma Girgin saying that the Istanbul Convention and Law No 6284 has not been applying and underlined that restraining order notifies the perpetrator of violence through phone by the police. Fatma said, "If Istanbul Convention was effectively implemented, Ayşe Tuğba Arslan and women, who were killed, would be living."

	 

	The Istanbul Convention was terminated with the Presidential Decree on March 20. The power indicated that the "family structure" a justification for the decision to be terminated. With the decision to withdraw, women have been pushed once again in violence, while the reactions against this situation continue to grow. On the other hand, the questions were also started to ask about Law No 6284, which is within the scope of the Istanbul Convention. 

	 

	Fatma Girgin, who is a member of the Women's Rights Commission of the Eskişehir Bar Association, made evaluations related to the Istanbul Convention and Law No 6284.

	 

	'The decision to withdraw is not acceptable'

	 

	Fatma saying that the convention has guaranteed the protection of women, children, and LGBTI+ individuals to protection from violence and continued, "The Istanbul Convention is a convention that gave duties to the states who are signatures. The convention has given duties to the states about the creation of an effective mechanism for gender equality, prevention of violence, and effective research, prevention, prosecution, and punishment of violent incidents. Again, on the point of violence and providing gender equality, it gives a duty to develop policies. It is not acceptable in terms of women and LGBTI+ individuals to be withdrawn from convention with a single person's signature. It is not acceptable to withdraw from the convention without consulting to any women organization, especially in a country, where the femicide and hatred murders are increased."

	 

	'While the convention was in force, women were guided'

	 

	Referring to the fact that the convention was in force but not effectively implemented, Fatma drew attention to this with her witnesses that the women were referred by the police to the courthouse. Fatma said, "With the convention, victims of violence were prevented from being victimized for the second time. However, in the data shared by the Istanbul Bar Association Women's Rights Commission, it was also noted that after the withdrawal from the convention, no protection decision was made for women. Although Law No 6284 is in force and the preventive measure decisions are made in these laws, we can see the effects of the termination of the Istanbul Convention in the attitudes of the police."

	 

	‘Does it pose a threat to Law No 6284?’

	 

	Drawing attention to the fact that the convention refers to Law No 6284, Fatma continued as follows: "It is a law that prevents the victim from staying in the same place with the perpetrator of violence, if necessary away from home, keeps the perpetrator away from the school or workplace of the victim or does not disturb the victim through communication. This law covers not only the person who has been subjected to violence, but also their family members, and requires childcare assistance and financial aid when deemed necessary. It is described as the constitution of women. It was the assurance of a life free of violence. According to the Constitution, we can say that the text of a convention regarding fundamental rights and freedoms is above even the laws. The withdrawal from the international convention also brings to mind the question of ‘Does it pose a threat to Law No 6284?’

	 

	The violence is increasing

	 

	Fatma said that the Eskişehir Bar Association also filed a lawsuit against the Council of State after the withdrawal decision, and stated that it was understood from the files in the cases of femicide that the convention was not effectively implemented. Fatma stated, "We were faced with this while the convention was in force. While the protection order is notified in a very short time, the perpetrators of violence have not been notified even after days and months, so there is a prison sentence stipulated in the law when the protection order is violated. We see that the perpetrator of violence did not face this prison sentence. We can say that the perpetrator, whose protection order was violated, was not subject to any sanctions, especially in Eskişehir. In this case, it inevitably causes the perpetrators to increase the dose of violence and encourage the perpetrators."

	 

	‘Restraining order notifies to the perpetrator by phone’

	 

	Fatma also gave an example from a file she looked at regarding the restraining order and stated that the police notifies the order by calling the perpetrator of the violence. Fatma said that the police should notify the perpetrator of the violence within a week after the restraining order was taken, and stated that it was not appropriate to notify the perpetrator by phone. Fatma continued, "Will the woman who has been subjected to violence pay the price? Or will the negligent law enforcement personnel be subject to sanctions? If the Istanbul Convention and Law No 6284 were effectively implemented, we would not have faced such situations."