Country of origin information report Turkey March 2007

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22.36 The IHD (Human Rights Association) 2005 Balance Sheet on Human Rights Violations in Turkey reported a total of 68 deaths (39 women; 29 men) and 29 cases of people being injured (15 women; 14 men). (Honour related attacks) [73a] 
22.37 The International Helsinki Federation (IHF) for Human Rights June 2006 Turkey report noted:
“Thirty-nine women and 29 men fell victim to ‘honor killings’, and 116 women and at least 45 children were killed as a result of domestic violence. The year was also characterized by increased government and public awareness of the violence against women and children, a women’s rights NGO working in the southeast and among IDP communities in other parts of Turkey preventing a substantial number of ‘honor killings’.” [10a]
22.38 The Norwegian Country of Origin Information Centre ‘2004 Report of fact-finding mission to Turkey noted that:
“Like other forms of violence against women, honour killings happen in all parts of the country. They appear to be more frequent in the Black-Sea Region and in Kurdish inhabited areas in the Southeast, where tribal customs play an important role in everyday life. From the sunni-dominated areas of central-Anatolia (such as Konya) however, fewer cases are reported…Just like other kinds of violence within the family, no comprehensive recording or statistical monitoring is conducted as to the prevalence of honour killings. Most of the NGO’s representatives I talked to, estimated that the number of unreported or undetected cases was significantly higher than the official numbers. Honour killings are often hushed up and some women who have apparently committed suicide have in fact been killed or even forced to kill themselves by their family.” [16] (p33-34)
22.39 The European Commission 2006 report recorded that:
“Crimes in the name of honour and suicides committed by women due to the influence of the family continue to occur, especially in the regions of the East and Southeast. Nonetheless, there is still a lack of reliable data on such events as well as on domestic violence more generally. According to the preliminary results of the UN Special Rapporteur on Violence against Women, causes of suicides are early and forced marriages, domestic violence and denial of reproductive rights. Poverty, urbanisation, displacement and internal migration, and thus changing socioeconomic situation of women are the contexts within which suicides occur. Women’s suicides are not always properly investigated, especially in the Southeast. In parts of the South East it still occurs that girls are not registered at birth. This hampers the fight against forced marriage and crimes in the name of honour since these girls and women cannot be properly traced” [71a] (p18)
22.40 Amnesty International’s report of June 2004 reported two of cases of those found guilty of honour crimes being sentenced to life imprisonment. According to the report “These cases have shown the positive steps that have been taken and the efforts being made within the Turkish judicial system to treat ‘honour killings’ as seriously as other murders… However, although some courts appear to have begun implementing the reforms, the discretion accorded to the courts continues to permit the perpetrators of domestic violence unwarranted leniency.” [12j] (p17)
22.41 In February 2004 the BBC reported that “A Turkish women had been murdered in an Istanbul hospital where she was already being treated for injuries sustained in a so-called honour attack. Guldunya Toren 24, was being treated after being shot and left for dead, when the second attack happened. Early on the morning of the 26 February 2004, a man claiming to be a relative told staff he wanted to visit her, before shooting her dead.” [66s] The BBC reported in March 2004 that in response to the killing Muslim clerics across Turkey were told by the government to deliver sermons upholding women’s rights and condemning so called honour killings. [66t]
22.42 As noted in the UK Foreign and Commonwealth Office (FCO) Human Rights Annual Report 2006, released in October 2006:
“Honour killing remains an issue of concern. The new penal code, which came into force in June 2005, has made progress in addressing this issue by removing the sentence reductions for murders motivated by ‘honour’, thus treating ‘honour killings’ as seriously as any murder. Turkish Prime Minister Erdogan issued a directive on 17 July 2006 aimed at reducing honour killings and domestic violence and calling for ‘new and urgent’ action. The directive includes setting up a free helpline for victims of domestic violence and a

number of educational and awareness-raising initiatives about ‘honour crimes’. This builds on the work of a parliamentary commission set up in November 2005 to investigate the incidence and causes of honour killings in Turkey which produced a number of recommendations.” [4n] (p138)
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Women suicides in Turkey
22.43 An article by Amnesty International USA “High rate of women suicides in Turkey” published in May 2006 stated that:
“The U.N. is investigating a surge in the number of young women committing suicides in Turkey. The U.N. special rapporteur on violence against women, Yakin Erturk, arrived yesterday to the Turkish city of Batman to review the recent reports. Since the beginning of the year 36 women had committed suicide, surpassing the number for the entire year before. According to the reports the alleged cause is ‘forced suicides’ or suicides where the victim is pushed to kill herself by her husband or relative to restore family honor – to cleanse a perceived offense such as adultery or sex before marriage.
“Ertuk has expressed her horror at the number of deaths but states that there is still no direct evidence supporting ‘forced suicides’. Ertuk states this trend is the reverse of what we've found in the rest of the world and is a great concern. At this stage I've got more questions than answers.” [12a]
22.44 The Independent Online Edition also reported a United Nations envoy having arrived in Turkey to investigate a reported surge in the number of young women committing suicide. 36 women had killed themselves since the start of the year [2006]. This figure is already much higher than the number for the whole of last year [2005]. [85]
22.45 The Child Rights Information Network also reported in May 2006 that:
“A UN envoy is to visit Batman in south-east Turkey to investigate reports of an alarming rise in the number of women committing suicide. Yakin Erturk, will visit four cities during a 10-day fact-finding mission to the country. The Turkish government has begun work to raise awareness about domestic violence and the mosques have been instructed to preach against honour crimes in particular, but changing the mentality that drives such killings is an enormous task. In the meantime in Batman there is still no shelter women in danger can run to and no local hotline number they can call.” [94a]
22.46 An International Herald Tribune article dated 12 July 2006 noted that:
“Every few weeks in this Kurdish area of southeast Anatolia, which is poor, rural and deeply influenced by conservative Islam, a young woman tries to take her life. Turkey has tightened the punishments for ‘honor crimes’. But rather than such deaths being stopped, lives are being ended by a different means. Parents are trying to spare their sons from the harsh punishments associated with killing their sisters by pressing the daughters to take their own lives instead.” [82]
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22.47 The International Herald Tribune article further stated that:
“In an effort to bring honor killings out from underground, Ka-Mer, a local women's group, has created a hotline for women who fear their lives are at risk. Ka-Mer finds shelter for the women and helps them to apply to the courts for restraining orders against relatives who have threatened them. Ayten Tekay, a caseworker for KaMer in Diyarbakir, the regional center, said that of the 104 women who had called Ka-Mer this year, the laws have been changed, but the culture here will not change overnight.” [82]
22.48 The EC 2006 report documented that:
“According to the preliminary results of the UN Special Rapporteur on Violence against Women, causes of suicides are early and forced marriages, domestic violence and denial of reproductive rights. Poverty, urbanisation, displacement and internal migration, and thus changing socioeconomic situation of women are the contexts within which suicides occur. Women’s suicides are not always properly investigated, especially in the Southeast.” [71a] (p18)
22.49 As noted in the UK Foreign and Commonwealth Office (FCO) Human Rights Annual Report 2006, released in October 2006:
“We are concerned by reports of a sharp rise in female suicides since the introduction of the new penal code. Yakin Erturk, the UN Special Rapporteur on Violence against Women, visited Turkey in June 2006 to investigate this trend and is currently preparing a report; we look forward to reading her findings and recommendations. Local initiatives, led by women’s NGOs, include setting up advice centres and specialist suicide units for women.” [4n] (p138)
Treatment of women in detention
22.50 The International Helsinki Federation (IHF) for Human Rights 2006 Turkey report noted:
“Since 2003, the government has improved the legislation and regulations concerning detention conditions and the rights of detainees, in connection with the EU accession process. The government declared a ‘zero-tolerance’ policy on torture but rejected any debate with human rights organizations on the issue, and reacted negatively to arguments and initiatives by these organizations. CPT commended the Turkish normative framework as one of the most elaborate in combating torture while pointing to deficiencies in the implementation. Torture and ill-treatment was still widespread and the government extended impunity to the police and gendarmerie accused of torture. Turkish human rights organizations stated that the safeguards provided by the government were not always respected in practice by the security forces despite progressive improvement.” [10a] (p440)
See also Section 11 Arrest and Detention-Legal Rights
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22.51 The 2006 IHF report further stated that:
“The case opened against four police officers for torturing two young girls, Fatma Deniz Polattas and Nazime Ceren Samanoglu, in Iskenderun in 1999 was concluded in 2005. While the officers remained in their duties and received promotions, Polattas and Samanoglu were convicted on the basis of their confessions reportedly extracted under torture. The two girls were released in December 2004 due to an amendment to the law. In April, Iskenderun Aggravated Penal Court acquitted the police officers on the basis of insufficient evidence since the Forensic Institute reported that the girls objected to virginity test which was supposed to obtain evidence on their rape claims.” [10a] (441)
22.52 The 2006 IHF report also added that:
“Derya Orman, Gülselin Orman and Seyhan Geylani Sondas were arrested by the police in Istanbul in April because one of them did not have an identity card with her. They stated that the police requested them ‘sexual favors’ in the station in order to release them. They reported that they were stripped naked, sexually harassed and forced to sexual intercourse by the officers on duty, including a policewoman. HRA officials reported that the applicants were mistreated by the prosecutor when they went to his office to file complaints against the police officers.” [10a] (441)
22.53 As reported in a recent BIA News article dated 2 November 2006:
“A recent study of violence against women by state security forces has shown that at least 70 women were raped while under detention between 1997 and 2006 while 166 others were sexually harassed. The total number of women who have sought legal support and assistance in this period is 236. A report issued by the Judicial Assistance Project for Sexual Harassment and Rape Under Detention said that only two of the 236 applications made for support came from Germany while the rest of the incidents were recorded in Turkey… The project's lawyer Eren Keskin told bianet that harassment and rape were specifically employed as deterrent methods in east and southeast Turkey while kidnapping of women concentrated in the cities of Tatvan and Mardin. Keskin acknowledged that women subject to this form of violence had ‘great difficulties’ in applying for judicial aid and said that as most women faced such incidents at very young ages, there was a need for a new institution other than the coroner's office, which could deal with psychological reports.” [102j]
Employment and Gender Equality
22.54 The European Commission 2005 report outlined that “In spite of various legal and practical initiatives, the problem of discrimination on the basis of gender remains a cause for concern. Women remain vulnerable to discriminatory practices, due largely to a lack of education and a high illiteracy rate (about 20% of women in Turkey are illiterate and in the Southeast this figure is considerably higher).” [71d] (p33)

22.55 The European Commission 2006 report stated:

“Women remain vulnerable to discriminatory practices, due largely to a lack of education and a high illiteracy rate. The girls’ education campaign conducted by the Ministry of National Education and UNICEF ensured the enrolment in primary schools of 62 000 girls in 2005, which would otherwise have been out of school. In 2006 the campaign was extended to all 81 provinces. Private sector campaigns to increase school enrolment and to improve the physical condition of schools have continued. The level of participation of women in the parliament and in local representative bodies remains very low and prevailing discrimination exists in the labour market. Participation by women in the workforce is among the lowest in OECD countries.” [71a] (p18)
22.56 The EC 2006 report further added that “Overall, there has been growing public attention on the issue of women's rights in Turkey. However, full respect of women's rights remains a critical problem, particularly in the poorest areas of the country. While the legal framework is overall satisfactory, its implementation remains inadequate.” [71a] (p19)
22.57 As noted in the USSD 2005 report
“The Directorate General on the Status and Problems of Women, under the State Ministry in Charge of Family Affairs, is responsible for promoting equal rights and raising awareness of discrimination against women. Women continued to face discrimination in employment to varying degrees and were generally underrepresented in managerial-level positions as well as in government. Women generally received equal pay for equal work in professional, business, and civil service positions, although a large percentage of women employed in agriculture and in the trade, restaurant, and hotel sectors worked as unpaid family labor.” [5b] (Section 5 Women)
22.58 The Human Rights Watch on ‘Essential Background: overview on human rights issues on Turkey’ March 2005, noted that, “Women who wear the headscarf for religious reasons continue to be excluded from higher education, the civil service, and political life. Female lawyers who wear the headscarf are not permitted to enter courtrooms, and in July the Ankara Bar took disciplinary action against a lawyer who wore a headscarf while carrying out her duty to a client in a bailiff’s office.” [9e]
See also Section 18.12 Headscarves
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23 Children
Basic Information
23.01 The United Nations Children's Fund (UNICEF) Turkey 2004 reported that:
“With 1.5 million babies born each year in Turkey, the need to ensure that basic health, welfare and education services are maintained for this and future generations of children has never been more pressing. UNICEF has committed its resources globally to create ‘A World Fit for Children’ by working in the five priority areas of girl’s education, early childhood development, immunisation ‘plus’, fighting HIV/AIDS and protecting children from violence, exploitation, abuse and discrimination. We believe that gains for children in these five areas will contribute significantly to the full realisation of children’s rights. “[91c]
23.02 The USSD 2005 report noted that:
“The government was committed to furthering children’s welfare and worked to expand opportunities in education and health. The Children’s Rights Monitoring and Assessment High Council monitored compliance with the Children’s Rights Convention… The government provides health services to citizens who lack health insurance. Children of parents with health insurance are covered under their parents’ plans. Boys and girls have equal access to health care. Child abuse was a problem. There were a significant number of honor killings of girls by immediate family members, sometimes by juvenile male relatives... In October [2005] police arrested five employees of the Malatya state orphanage in connection with an investigation into the alleged torture and abuse of children at the institution.” [5b] (Section 5)
23.03 The European Commission 2005 report recognised that:
“Some steps were taken to address the persistent problem of street children. A Parliamentary Committee for Street Children was established in November 2004 and issued several reports with policy recommendations. Following the establishment of this Committee, a circular was issued by the Prime Minister’s Office in March 2005 introducing a pilot scheme for such children in eight provinces. The model aims at providing medical care, rehabilitation and education for these children and at their re-integration into society.” [71d] (p34)
23.04 The EC 2006 report stated that “The incidence of street children, child poverty and child labour remains significant. The Turkish Labour Law prohibits the employment of children under the age of 15. However, there are shortcomings regarding the application of the law.” [71a] (p19)
23.06 The USSD 2005 report noted that:
“There are comprehensive laws and policies to protect children from exploitation in the workplace the government generally sought to implement them but was hampered by lack of personnel and resources. The law prohibits the employment of children younger than 15 and prohibits children under 16 from working more than 8 hours a day. At age 15 children may engage in light work provided they remain in school…The law prohibits children attending school from working more than 2 hours per day or 10 hours per week. The Ministry of Labor effectively enforced these restrictions in workplaces that were covered by the labor law, which included medium and large-scale industrial and service sector enterprises. A number of sectors are not covered by the law, including small-scale agricultural enterprises, maritime and air transportation, family handicraft businesses, and small shops. Nonetheless, child labor was widespread. The State Statistical Institute reported that the number of child laborers between the ages of 12 and 17 dropped from 948 thousand in 2003 to 764 thousand in 2004; however, some observers claimed that there were no reliable statistics in this field and that the actual number of working children was rising.” [5b] (Section 6d)

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23.07 The European Commission 2006 report noted, “The Law on the Protection of Children, adopted in July 2005 establishes a legal framework aimed at safeguarding the rights and well-being of both children with particular problems and children under legal investigation or who have been convicted of crimes. Further implementation of the Law is needed, in line with the relevant ILO conventions. ” [71a] (p19)
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23.08 The European Commission 2005 report noted that regarding asylum seekers,

“The children of applicants for asylum have the right to attend Turkish primary schools. Unaccompanied child asylum seekers are cared for by the Social Services Child Protection Agency. Turkey has continued to train officials on asylum issues.” [71d] (p112)

23.09 The BIA News Center article Children get Police & Courts, no Schools published 5 July 2006 reported:
“The Diyarbakir Bar Association has revealed that out of 10,193 suspects that were brought before courts in the city last year, 2,197 were children, describing the situation as ‘grave’. Citing data with the Diyarbakir Bar Association Criminal Procedures Law (CMK) Enforcement Centre, association president Sezgin Tanrikulu said the figures showed how grave the situation was in the city and warned that it would become worse unless effective social policies to the advantage of children are enforced in a short time. Diyarbakir Bar Association CMK Enforcement Centre Coordinator Baris Yavuz explained, meanwhile, that the most important cause for every one out five people being put on trial in the city being a minor is internal migration and the poverty this has led to. Both Tanrikulu and Yavuz told bianet that by continuing to treat child offenses as only an issue of public order and security, the government was ignoring the community and social dimensions of the problem and making the situation worse.” [102k]
Education
23.10 UNESCO in their 2006 report ‘Early Childhood Care and Education’ stated that:
“In Turkey preschool education is optional and includes the education of children in the 3-5 years of age group. Preschool education is given in kindergartens, preparatory classrooms, application classrooms, day nurseries, nursery schools, day-care homes, and childcare homes. Pre-primary education for which the Ministry of National Education is responsible is provided in Ana Okulları (kindergartens) for 36-72 months Sınıfları (nursery classes) for 60-72 months children or Uygulamalı Anasınıfı (‘practical’ nursery classes) for 36-72 months children. Aside from a parental contribution to expenditure on meals and cleaning materials, all public pre-primary institutions are free of charge, regardless of the type of setting or the year concerned.” [75]
23.11 The Child Information Network in Turkey, an undated website accessed on 3 October 2006 noted that under Article 28:
“States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity; they shall, in particular
(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

(c) Make higher education accessible to all on the basis of capacity by every appropriate means;

(d) Make educational and vocational information and guidance available and accessible to all children;

(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.” [80]