Turkey cois report November 2006

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23.21 The USSD 2005 report noted that:
“In March a 15-year-old girl in Diyarbakir was allegedly raped by her father–in-law who, she claimed, demanded that she prostitute herself in order to earn money. When she refused, relatives allegedly attacked her and cut off her nose. Police arrested her father-in-law and three brothers-in-law. Authorities released the suspects, then arrested them again after the local bar association took up the case.” [5b] (section 5)
23.22 Amnesty International USA, in an article posted in May 2006 ‘Turkey establishes initiatives to prevent violence against women’ said that:
“Turkey's State Minister in Charge of Women Affairs Nimet Cubukcu announced two initiatives to prevent violence against women and raise awareness among men. One of the initiatives, the ‘Platform to Prevent Violence,’ intends to educate 800,000 soldiers to prevent violence through military service. The Turkish government initiatives are in part a response to the substantial rise of female suicides in the country. It is reported that thirty-six women have attempted suicide in the south-eastern region this year, already exceeding last year's total. BBC's Sarah Rainsford stated: changing the mentality that drives such killings is an enormous task.” [12c]
23.23 A Turkish Daily News article dated 8 September 2006 stated that:
“The Women's and Children's Affairs Ministry will hold a summit at the Prime Ministry on violence against women and ‘honor killings’ today, with representatives of relevant state bodies, unions, nongovernmental organizations and universities present. The summit aims to draft an action plan to prevent violence against women and honor killings and to implement the measures as soon as possible. Çubukçu had previously said that laws and mechanisms protecting women from violence and punishing abuse were already in place. State Minister for Women's and Children's Affairs Nimet Çubukçu, speaking on Wednesday, said they would be discussing what had been done up until now and what could be done in the future to stop this social disease.” [23e]
23.24 As reported by BIA News Center in September 2006, ‘Women Seek Help Most for Domestic Violence’:
“Istanbul Bar Association Women's Rights Enforcement Center (KHUM) records show that most applications made to this legal counsel service come from women seeking a divorce and 95 out of every 100 women applying last year have complained of being subjected to violence at home. KHUM records for the year 2005 show that 2,827 women applied to the Bar Association's women's rights center. 71 percent of them were complainants, 15.8 percent defendants. The data shows that 59.9 percent of applicants were seeking a divorce and 12.8 percent were seeking assistance in enforcing alimony payments. 9.7 percent of the applicants came to the center for violations of Law 4320 while 8.6 percent applied for alimony.” [102d]
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Women’s Organisations in Turkey
23.25 “The government’s Institution for Social Services and Orphanages operated 14 shelters for female victims of domestic violence and rape with a total capacity of 259. Municipalities and NGOs also operated a number of shelters. Under legislation adopted in July [2005], municipalities with populations greater than 50 thousand were required to establish shelters for women. During the year a number of municipalities opened shelters, or prepared to do so, in accordance with the legislation.” (USSD 2005) [5b] (Section 5)
23.26 In an article by Amnesty International News (undated) stated that:
“According to a recent European Union report there should be one shelter per 10,000 head of population. Turkey, with a population of 70 million people should therefore have approximately 7,000 shelters. In reality, there are approximately 14 ‘guesthouses’ and 19 community-based services to support women experiencing violence at home… Women in Turkey want shelters. According to one study in which 33 per cent of women reported being beaten by their husbands, and 26 per cent reported being beaten by their father before marriage, 91 per cent of women stated that in the difficult times that they encountered ill treatment, they wanted to be able to find shelter from a social foundation.” [12b]
23.27 The Amnesty International News article further stated that:
“At present, the role of women’s rights activists is crucial to ensure that at least a small proportion of women obtain protection – some of these organizations are the:
 Women’s Support and Solidarity Centre in Antalya,

 the Purple Roof Foundation in Istanbul,

 the Women’s Centre (Ka-Mer) in Diyarbakýr,

 the Women’s Solidarity Foundations (KADAV) in Ankara and Izmit.
A worker at an NGO told Amnesty International, “Everyone sends women who have experienced violence to us. Everyone. [sic] The government, the police, everyone. We don’t have the facilities to meet the demand’.” [12b]
23.28 The EC 2006 report however recorded that:
“There is still a need to further increase the provision of shelters for women subjected to domestic violence. (Footnote: according to official sources there are 17 shelters for women established under the Social Services and Child Protection Institution (SHÇEK) growing to 30 if those established by other institutions are included. However, these figures are considered tentative.) The provision in the Law on Municipalities, adopted by Parliament in July 2004 is not yet fully implemented. All municipalities with a population greater that 50 000 should provide a shelter.” [71a] (p18)
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Virginity testing
23.29 The Council of Europe Commissioner for Human Rights report published December 2003 stated that:
“In January 1999 the Minister of Justice published a decree prohibiting subjecting women in custody to virginity tests without their express consent. The decree stipulates that such tests may only be used to confirm suspicions of sexual assault, sexual acts committed on minors and prostitution. Only a judge can order such an examination without the women’s consent and then only if it is the sole means of gathering evidence that an offence has been committed.” [19] (p29)
23.30 However, in the above report the Commissioner also reported that the situation of women in police custody is a subject of serious concern and one of the problems frequently reported include the virginity testing of female detainees. [19] (p29)
23.31 Amesty International reported in June 2004 that:
Even when laws change, practices persist that restrict women’s options. After the passage of a law forbidding forced ‘virginity testing’, a study at an Istanbul hospital found that 208 women ‘voluntarily’ underwent a virginity test for ‘social reasons’. We live in a society in which some women consider their own lives to be less important than a tiny membrane, Hülya Gülbahar, lawyer and women’s activist, told Amnesty International. [12j]
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23.32 The European Commission 2004 report noted that “As regards virginity testing, the new [Penal] Code foresees a prison sentence for those ordering and conducting such tests in the absence of a court order. However, contrary to the request of women’s NGOs, the consent of the woman on whom the test is to be conducted is still not required.” [71c] (p45)
23.33 The Norwegian Country of Origin Information Centre ‘2004 Report of fact-finding mission to Turkey’ noted that under the new Penal Code, virginity testing will be prohibited unless formally authorised by a judge or a prosecutor. “Some women’s activists, however, were critical of the fact that virginity testing still could be conducted without the consent of the woman.” [16] (p32)
23.34 As noted in the document ‘Turkish Civil and Penal code reforms from a gender perspective: the success of two nationwide campaigns’, published in February 2005 by the Turkish NGO Women for Women’s Human Rights (WWHR) – New Ways:
“The new Penal Code includes an inadequate provision regarding virginity testing. Despite the efforts of the women’s movement, the actual term ‘virginity testing’ is not employed in the Penal Code. Instead, Article 287 entitled ‘Genital Examination’ has been included in the new law. The article stipulates that anyone who performs or takes a person for a genital examination without the proper authorization from a judge or a prosecutor can be sentenced to between three months to one year of imprisonment. Women’s groups are protesting this article as it fails to explicitly name and ban the practice, and also because the article does not require the woman’s consent for genital examination, thereby leaving room for forced examination and human rights violations.” [95a]
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Honour killings
23.35 As noted in the USSD 2005 report:
“Honor killings – the killing by immediate family members of women suspected of being unchaste – were a problem. Women’s advocacy groups reported that there were dozens of such killings every year, mainly in conservative Kurdish families in the southeast or among migrants from the southeast living in large cities. Because of sentence reductions for juvenile offenders, observers noted that young male relatives often were designated to perform the killing.”
The USSD 2005 quoted cases of life imprisonments given in October 2005 by two different courts to relatives of women who had been victims of ‘honor killings’. [5b] (Section 5)
23.36 The USSD 2005 report noted that:
“In May a 14-year-old boy shot his mother, Birgul Isik, in Elazig as she returned from Istanbul, where she had discussed being beaten by her husband on a television talk show. Her son allegedly shot her for ‘disgracing the family’. Isik died from her wounds in June. Authorities charged the 14-year-old with murder and also charged Isik’s husband and a stepson with incitement. The trial continued at year’s end.” [5b] (section 5)
23.37 “Dicle University in Diyarbakir conducted a survey on honor killings during the year [2005]. The university polled 430 persons in the southeast; 78 percent of those surveyed were men. The survey revealed that 37.4 percent of the respondents believed honor killings were justified if a wife committed adultery, and 21.6 percent believed infidelity justified punishments such as cutting off a wife’s ear or nose.” (USSD 2005) [5b] (Section 5)
23.38 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] 
23.39 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]
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23.40 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)
23.41 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)
23.42 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)
23.43 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]
23.44 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)
Women suicides in Turkey
23.45 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]
23.46 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]
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23.47 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]
23.48 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]
23.49 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]
23.50 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)
23.51 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)
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Treatment of women in detention
23.52 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 theTurkish 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)
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23.53 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)
23.54 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)
Employment and Gender Equality
23.55 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)
23.56 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)
23.57 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)
23.58 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]