Hikmet Tunç

 

VAN - Attorney Ebru Demirtepe stated that Turkey’s decision to withdrawal from the Istanbul Convention makes it difficult to be a party to the cases. Ebru said, "In the Istanbul Convention, there is an article that non-governmental organizations (NGOs) should be a party to the cases by the victim to reveal the truth. The convention authorizes NGOs to get a party as required."

 

Femicide in Turkey continues to increase along with the decision to withdraw from the Istanbul Convention. We started to hear more frequently the statements of the perpetrators who were arrested due to the crimes of violence against women, harassment, and rape, such as "Will we go out?", "Nothing will happen to me" with the decision to withdrawal from the convention. Ebru Demirtepe, who is the attorney of the Association of Lawyers for Freedom (ÖHD) and a member of the Women's Commission of Van Bar Association, said that they saw the withdrawal from the convention also encouraged the perpetrators in the violence cases they had been a party in Van. Ebru stated that they did not accept the decision to withdraw from the Istanbul Convention.

 

"Withdrawal of the convention is legally null and void"

 

Ebru emphasized that a convention cannot be terminated with the decision of the president and this decision should be taken in the parliament. Ebru said, "The termination of the convention by the president with a single signature is against the constitution and is legally null and void according to the law. The president has no power to terminate the international convention with a single signature. It should withdraw by a parliamentary decision, as approved by a parliamentary decision."

 

"We do not accept in terms of our struggle"

 

Saying that the withdrawal of the convention, when considered in terms of women's struggle and achievements, did not prevent violence, on the contrary, increased the violence. Ebru continued, “Even if this decision had been made on a legal basis, we women would not have accepted it again. We would continue our struggle with the same determination. This decision is to ignore a convention that women have achieved through their struggles. As a state, it is an acceptance that "we will not fulfill our positive obligation in preventing violence". We do not accept this decision legally or in terms of our struggle.”

 

"There is no convention, I will do whatever I want"

 

Ebru stated that they did not accept the reason that the necessary explanations were made with Law No 6284 and therefore there was no need for a convention. Ebru said, "In real terms, the international validity of the Istanbul Convention today has a serious impact on the public. The withdrawal from the Istanbul Convention encouraged men. Based on this, we see that with the withdrawal from the convention, at least six femicides occur daily. There is a situation threatening women like "The contract is no longer there, nothing protecting you". The comments like "there is no convention anymore, I will do whatever I want" show how the convention is misunderstood in society. We have seen that Law No 6284 is not taken into consideration."

 

"Withdrawal from the convention affected the request to be a party to the cases"

 

Noting that the withdrawal from the convention has negative effects on the ongoing cases, Ebru said, "In the penal code, we request to be a party to the cases as NGOs, Bar Associations, trade associations in the capacity of being harmed by the crime, and in fact, we get this power from the Istanbul Convention. Because the Istanbul convention has an article in the way that NGOs should be a party to the cases by the victim to reveal the truth and given an authority to be a party to the cases for NGOs as required. We have requested to be a party for this reason in the case of Z.N., who was sexually assaulted. Although the convention was in effect at that time, our request was denied. According to the penal code, our request to be a party should have been accepted by applying the 90th article of the constitution as it should be hierarchically superior in an international convention, but it was not accepted.”