Resistance of women in self-defence...

 

Derya Ceylan

 

NEWS CENTRE - Women who resist violence use their right to self-defence to survive; however, they are still alone in their search for justice. Each of them calls out to the society, ‘Defending our right to life is not a crime’.

 

On 25 November, the International Day for the Elimination of Violence against Women, we once again draw attention to the extent of violence women face in Turkey and Kurdistan. Women are struggling to defend their lives and continue their search for justice in the face of increasing physical, psychological, economic and sexual violence. Using their right to self-defence against all forms of violence, women defend their rights without losing their resilience even in the face of a judicial system that often lacks gender equality.

 

In this dossier, we have brought together the stories of some women who use their right to self-defence against male violence to fight for justice and resist for women's right to life.

 

Nahide Opuz

 

Nahide Opuz is subjected to violence by Hüseyin Opuz, to whom she was married for years. Hüseyin Opuz murdered Nahide Opuz's mother by threatening her with death. Nahide Opuz asked for protection many times. However, Nahide Opuz's protection requests remain unanswered. When the Turkish justice system failed to protect her and left her family defenceless, Nahide Opuz applied to the European Court of Human Rights (ECHR). The prosecution of Turkey in this case is a historic development that opens up the responsibility of states for failing to prevent violence against women to discussion.

 

Legal process and ECtHR judgement

 

In 2009, the ECtHR convicted Turkey for failing to protect women by discriminating in cases of violence against women. This is the first time the ECtHR has convicted a state in a case of domestic violence. The Court states that Turkey does not adequately protect women subjected to violence, which violates the right to life. This judgement inspired a human rights convention, known as the Istanbul Convention, which was established by the Council of Europe to prevent domestic violence. Turkey becomes the first signatory to the convention and makes a global commitment to prevent violence against women.

 

Social reaction and its effects

 

The Nahide Opuz case is considered a turning point in the fight against domestic violence in Turkey. The ECtHR's judgement is seen as an important achievement by women's rights defenders and creates a strong legal basis for the protection of women. Through this case, women's rights defenders and civil society organisations in Turkey emphasise that violence against women should not be seen as a domestic issue. Nahide Opuz's struggle sets a legal precedent in the fight against violence against women in Turkey and around the world.

 

Nevin Yıldırım

 

Nevin Yıldırım kills Nurettin Gider, who systematically raped her in 2012 in Yalvaç district of Isparta, using her right to self-defence. Due to the pregnancy resulting from the rape, Nevin Yıldırım was subjected to social pressure. Despite her efforts to protect herself, Nevin Yıldırım received no support from any institution of the state and continued to be raped for a long time. The experiences of Nevin Yıldırım, who finally killed Nurettin Gider in self-defence, show how vital the right to self-defence is.

 

The request for reduction of the penalty is rejected

 

Nevin Yıldırım, who was arrested for the murder of Nurettin Gider, was sentenced to life imprisonment by the Yalvaç High Criminal Court in 2015. The lawyers of the case appealed the case to the Court of Cassation, claiming a reduced sentence and self-defence. In 2017, the Court of Cassation overturned the verdict on procedural grounds, but in 2019, Nevin Yıldırım's life sentence was upheld and no reduction in the sentence was applied. This decision, which caused a great repercussion in the public opinion, proves that the judiciary acts according to the masculine mentality by granting sentence reductions in cases of violence against women, while denying the reduction in cases where a woman has to defend herself.

 

She expresses her disappointment and feelings in a letter

 

Nevin Yıldırım shares her disappointment and feelings about her life sentence in a letter. In her letter, Nevin Yıldırım draws attention to the injustice she faced and the allegations against her in society.

 

 ‘I broke my silence after 0 years. The reason is the increasing number of murders of women and my unjust trial due to the defence I made to protect myself. The biggest event that deeply affected me was the Melek İpek case. Rape is never acceptable, no matter by whom. If the woman doesn't want it, even her husband can't touch her! No good behaviour discount because I laughed instead of crying is unacceptable!’

 

The letter emphasises the depth of Nevin Yıldırım's grief and her isolation in her quest for justice. Feminist organisations and women's rights defenders organise digital media campaigns and build widespread support for Nevin Yıldırım's release and recognition of her right to self-defence.

 

Yasemin Çakal

 

Yasemin Çakal, who lives in Istanbul, is subjected to physical and psychological violence by her husband Özkan Kaymaklı. Although she repeatedly applied to the police for protection, the necessary protection was not provided. In 2014, Yasemin Çakal was tortured and tried to be murdered by Özkan Kaymaklı, during which she used her right to self-defence and killed Özkan Kaymaklı. This case once again highlights the importance of women's right to self-defence in the fight against domestic violence in Turkey.

 

The trial process

 

Yasemin Çakal was initially released on the grounds that there was no need to impose a sentence within the scope of ‘self-defence’. However, the Regional Court of Appeals overturned this decision and sentenced Yasemin Çakal to 15 years in prison. Upon the objection of the Chief Public Prosecutor's Office, the Court of Cassation annulled the sentence and Yasemin Çakal was acquitted on the grounds of ‘self-defence’. This process is seen as a promising example for women in Turkey who exercise their right to self-defence.

 

Letter from Yasemin Çakal

 

After her release, Yasemin Çakal wrote a letter thanking the women who supported her.

 

The letter contains the following statements:

 

 ‘A little bit of justice has been served. I am very happy about this, everything is fine. Thank you very much to all women's organisations. For 9 years, I would like to thank my women friends, lawyers, non-governmental organisations who have been fighting this struggle with me. Freedom is contagious. Let all women on trial for exercising their right to self-defence be freed!’

 

Yasemin Çakal's struggle for freedom becomes an example highlighting the need for women to exercise their right to self-defence. On digital media, hundreds of women share messages of solidarity in support of Yasemin Çakal.

 

Çilem Doğan

 

Çilem Doğan, who lives in Adana, was subjected to physical and psychological violence for years by her husband Hasan Karabulut. Forced into prostitution and threatened with murder by the man she was married to, Çilem Doğan killed Hasan Karabulut in 2015 in self-defence. After this incident, Çilem Doğan became a symbol against violence against women.

 

Judicial process

 

The sentence given to Çilem Doğan, who was on trial for aggravated life imprisonment, is reduced to 15 years by applying unfair provocation and good behaviour discount. Released on 50 thousand TL bail, Çilem Doğan's sentence was finalised by the Court of Cassation and it was announced that she would be imprisoned again. Çilem Doğan pays the price of standing up against what has been done to her with another prison sentence.

 

From Çilem Doğan to the public

 

Çilem Doğan expresses her disappointment at her sentence and her search for justice in a letter. In her letter, Çilem Doğan addresses all women, especially her children:

 

‘By approving the 15-year sentence, you have convicted not Çilem Doğan, but an 8-year-old child. My daughter is entrusted to you women. We did not expect anything from male justice, and it did not fail us again. We women will continue to fight shoulder to shoulder so that ‘Our eyelashes do not fall to the ground’. Women's struggle will win. I embrace all women with the warmth of solidarity...’

 

Çilem Doğan's letter spreads rapidly on digital media and gathers widespread public support with the hashtag #YargıtayÇilemiGör. Women's organisations and NGOs launch campaigns for the acquittal of Çilem Doğan and hundreds of women send messages of support to her via digital media.

 

Yıldız Tekman

 

Yıldız Tekman, who lives in Xinûs (Hınıs) district of Erzirom, has been subjected to violence for many years by her husband and his father. Although she repeatedly requested protection, no official protection was provided. In 2016, Yıldız Tekman killed the man she was married to in order to protect herself.

 

Judicial process

 

During Yıldız Tekman's trial, the court mitigated her sentence by applying a heavy provocation discount. This case shows that women living in small settlements such as villages, neighbourhoods and districts have difficulty in finding legal support. Women's rights defenders across Turkey emphasise that women living in small settlements need more support and that legal deficiencies in this area should be addressed. Yıldız Tekman's case is an example that draws attention to the need for greater awareness of women's rights.

 

The struggle for justice by women who protect themselves by engaging in self-defence creates a serious awareness in society about violence against women. The violence experienced by each of them, their judicial processes and their impact on public opinion show how difficult and complex it is for women to protect their right to self-defence. Women's organisations emphasise the need for justice and full implementation of the Istanbul Convention in the prevention of male violence.

 

Women: Self-defence is a natural right

 

Women's rights defenders underline the need for stronger legal regulations and deterrent measures to protect women in the wake of these cases. The women's struggle reminds us that violence against women should not be trivialised and that women's right to defend themselves against all forms of violence should be recognised as a natural right. These cases raise public awareness against violence against women and become symbols for the struggle for women's rights.

 

Tomorrow: Areas of violence must be transformed into spaces for women's self-defence and struggle