Turkey country assessment

Arabs

6.287 According to World Dictionary of Minorities (1997) “There are probably about one million Arabs in the provinces of Urfa, Mardin, Siirt and Hatay (Alexandretta). Unlike the Turkish Sunni Majority Sunni Arabs belong to the Shaf’I tradition (which they share in common with most Sunni Kurds). They are denied the opportunity to use their language except in private, and the use of Arabic is forbidden in schools.” [57a] (p382)




6.288 The World Dictionary of Minorities continued “About 200,000 Alawi, or Nusayri Arabs live in the northern most settlements of the larger Alawite community in Syria. They are a distinct religious community from Alevis but have in common reverence for Ali, the prophet’s son-in-law, as an emanation of the divinity. Alawites have an uneasy relationship with Sunnis, but are more comfortable with Christians.” [57a] (p382)
6.289 The World Dictionary also stated that “There are still about 10,000 Orthodox and Melkite (uniate with Rome) Christians (or, as they call themselves, Nasrani) in the Hatay….They feel under pressure, like other Arabs, to ‘Turkicize’.” [57a] (p382)

Caucasians

6.290 The World Dictionary of Minorities (1997) estimate that there are probably about one million people of Circassians or Abkha descent in Sakariya, Bolu, Bursa, Eskisehir, Sinop, Samsum, Tokat and Kayeri. There are also about 80,000 Sunni Georgians and 10,000 Orthodox Christian Georgians located mainly in the Artvin province in the north east and around 150,000 Laz (a south Caucasian language related to Georgian) speakers in Turkey. [57a] (p382-383)
Armenians
6.291 The World Dictionary of Minorities (1997) reports that “There are about 30,000 Armenians [in Turkey], primarily in Istanbul… Although the State respects their minority status, they are regarded as foreigners by most Turks even though they have inhabited the land of modern Turkey for well over 2,000 years, substantially longer than the Turks. Armenians still find it hard to register their children as Armenian. However, the community successfully operates its own schools, old peoples’ homes and its own press.” [57a] (p380)

Greeks

6.292 The USSD Report on International Religious Freedom 2004 estimates that there are between 3,000 Greek Orthodox Christians in Turkey. [5b] (p1) The World Dictionary of Minorities (1997) state that “There are probably 3,000 ageing Greek Christians, mainly in Istanbul, the residue of 80,00 still there in 1963. Formal expulsions police harassment and a climate of fear and popular animosity have since then reduced the community to its present number.” [57a] (p381)


Women
6.293 The USSD 2004 stated that:
“The Constitution regards all citizens as equal and prohibits discrimination on ethnic or racial grounds; however, societal and official violence and discrimination against women and minorities remained problems. In May, Parliament amended the Constitution to specify that men and women have equal rights and that it is the duty of the State to ensure that this protection is put into practice. Before the amendment, the Constitution only stated broadly that all individuals were equal before the law.” [5c] (Section 5)
6.294 The USSD 2004 continued:

“Violence against women remained a chronic problem, and spousal abuse was serious and widespread. The law prohibits spousal abuse; however, complaints of beatings, threats, economic pressure, and sexual violence continued. Beating in the home was one of the most frequent forms of violence against women… The law provides that victims of spousal violence may apply directly to a judge for assistance and authorizes judges to warn abusive spouses and order them to stay away from the household for 6 months. Judges may order further punishments for those who violate such orders. According to women's rights advocates, authorities enforced the law effectively, although outside of major urban areas few spouses sought assistance under the law. ” [5c] (Section 5)

6.295 The USSD 2004 further stated that:
“The law prohibits rape, including spousal rape; however, laws and ingrained societal notions made it difficult to prosecute sexual assault or rape cases. Women's rights advocates believed cases of rape were underreported. In September, Parliament adopted a new Penal Code that considers rape a crime against the individual, rather than a crime against society. The Code eliminates several rape-related laws that women's rights advocates criticized as discriminatory, including a measure that allowed rapists to escape punishment by marrying their victims and another that linked punishment for rape to the victim's marital status or virginity.” [5c] (Section 5)
6.296 As noted in the Norwegian Country of Origin Information Centre ‘Report of fact-finding mission to Turkey (7-17 October 2004)’ made public in February 2005:
“According to Ms. Nebahat Akkoç and the other women’s rights activists consulted, violence against women is endemic all over Turkey and not limited to “backward” parts such as Eastern Anatolia. It appears, however, that the problem is especially grave in traditional areas, where tribal customs still play an important role in every day life. Ms. Zülal Erdogan and Ms. RemziyeTanrýkulu from the Diyarbakýr Bar Association supported this view and pointed out that there are more cases in conservative, Kurdish families in the Southeast and among migrants from the Southeast living on the outskirts of the metropolitan areas.” [16] (p32)
6.297 The Norwegian report continued:
“All sources consulted on the issue considered the recent changes in both the Civil Code 19 and in the Penal Code to be crucial steps in the campaign to further equality between women and men and to eliminate the use of violence against women. Among other regulations, Article 159 of the Civil Code (stating that women needed their husbands’ consent to work outside the home) and Article 438 of the Criminal Code (providing for a reduction in the punishment for rapists under certain conditions) have both been abolished.” [16] (p32)
6.298 Amnesty International’s report ‘No turning back – full implementation of women’s human rights now! 10 year review and appraisal of the Beijing Declaration and Platform for Action’ published in February 2005 stated that:
“At every level of the criminal justice system in Turkey, the authorities fail to respond promptly or rigorously to women’s complaints of rape, sexual assault or other violence within the family.(29) The police are reluctant to prevent and investigate family violence, including the violent deaths of women. The police force’s own record of human rights violations makes victims of domestic violence reluctant to seek their help. Prosecutors refuse to open investigations into cases involving domestic violence or to order protective measures for women at risk from their family or community. The police and the courts do not ensure that men, who are served with court orders, including protection orders, comply with them. In most cases the authorities fail to ensure that the perpetrators of violence in the home are brought to justice in accordance with international standards for fair trial.“ [12q] (p4)
6.299 Amnesty International report continued:
“There are many barriers facing women in Turkey who seek access to justice and protection from violence. Police officers often believe that their duty is to encourage women to return home and "make peace" and fail to investigate the women’s complaints. Many women, particularly in rural areas, are unable to make formal complaints, because leaving their neighbourhoods subjects them to intense scrutiny, criticism and, in some cases, violence. Women in Kurdish and Arabic speaking areas of the country may not be able to communicate well in Turkish, and may fear further violence at the hands of the police or security forces. NGOs in Turkey cited a severe shortage of government-run shelters and support services currently available: approximately 14 "guesthouses" and 19 community-based services to support women living with violence at home. AI is further concerned that the authorities are failing to ensure that women who have experienced violence have access to the full range of rights for reparation, including compensation for the criminal injuries they receive, rehabilitation, remedy and reparation.“ [12q] (p4)



6.300 The thirty-second session of the Committee on the Elimination of Discrimination against Women) (CEDAW) in its concluding comments on Turkey dated 28 January 2005 stated:
“The Committee is concerned about the persistence of violence against women, including domestic violence. It is concerned that women victims of violence are unaware of their rights and the protection mechanism available to them under the law. The Committee is furthermore concerned that support services for women victims of violence, including shelters, are inadequate in number. It is also concerned that, under the recently enacted Law on Municipalities, the responsibility for establishing shelter has been delegated to municipalities without adequate mechanism to monitor its implementation and ensure financing.” [81] (p5)
6.301 The Freedom House report ‘Countries at the Crossroads 2005 – Turkey, published in December 2004 noted that “Women’s rights in Turkey are not fully realized in the cities and are observed even less in rural districts. Although constitutional amendments in the spring of 2004 included a provision granting women full equality before the law, building on earlier changes in the civil and penal codes, progress has not been significant.” [62c] (p6)
6.302 However, Kirsty Hughes in her paper of December 2004 noted that “Major legislative improvements and changes have been made in women’s rights and gender equality, in particular through the extensive revision of the penal code.” [77] (p8-9)
6.303 The European Commission 2004 reported that:
“ With respect to gender equality, a number of reforms have strengthened the principle of equality between men and women. Article 10 of the Constitution now includes the provision that men and women shall have equal rights and that the state has the duty to ensure that this equality is put into practice. The new Penal Code is generally progressive in terms of women’s rights, addressing such crimes as ‘honour killings’, sexual assault and virginity testing. Despite legal and practical initiatives to tackle the problem of discrimination and domestic violence this remains a major problem. [71c] (p45)

6.304 The EC report 2004 also reported that “Many women are subjected to various forms of physical and psychological violence within the family. These include sexual abuse, forced and often early marriages, unofficial religious marriages, polygamy, trafficking and ‘honour killings’. Violence against women perpetrated by security officials during detention is reportedly diminishing.” [71c] (p45)
6.305 The EC report 2004 further stated that “There is an increased awareness of violence against women and some pressure is being exerted to oppose it.” [71c] (p45)
6.306 The report of the Independent Commission on Turkey ‘Turkey in Europe: More than a promise?’ dated 6 September 2004, outlined that:
“There is no denying that in parts of Turkish society, traditional practices abusive to women and girls continue. They include domestic violence, "crimes of honour", arranged marriages and inadequate schooling for girls, resulting in female illiteracy and the exclusion of women from jobs and healthcare. As the Co-Rapporteurs of the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe indicated in their report earlier this year, there appears to be a great divide between modern and traditional Turkey and between West and East as far as women’s rights are concerned. Nearly 95% of the crimes of honour recorded are committed in eastern and south-eastern Turkey, where the suicide rate among women – apparently imposed as an alternative to murder by a

family member or to escape a forced marriage – is twice as high as elsewhere. Certainly, this situation is intolerable in a modern state

and cannot be justified by social and cultural traditions or a region’s lack of economic development.” [75] (p27)
6.307 Amnesty International’s report ‘Turkey: Women and confronting family violence’ published in June 2004 stated that
“As in countries throughout the world, the human rights of hundreds of thousands of women in Turkey are violated daily. At least a third and up to a half of all women in the country are estimated to be victims of physical violence within their families. They are hit, raped, and in some cases even killed or forced to commit suicide. Young girls are bartered and forced into early marriage….Violence against women is widely tolerated and even endorsed by community leaders and at the highest levels of the government and judiciary. The authorities rarely carry out thorough investigations into women's complaints about violent attacks or murders or apparent suicides of women. Courts still reduce the sentences of rapists if they promise to marry their victim, despite recent moves to end the practice.” [12j] (p1)



6.308 Amnesty International’s report ‘From Paper to Practice; making change real’ (February 2004) reports that
“The extent of violence perpetrated by men against family members is a serious concern. Estimates range from an approximate 30 to 58 per cent of women who experience physical violence, to 70-97 per cent of women experiencing a wider range of abuse. This epidemic of violence which affects all women and children who live with violent men - resulting in some cases in permanent disability and even death - appears to be condoned by the authorities and society in many situations. Family violence often occurs in public. The perpetrators are rarely brought to justice.” [12d] (p8)
Honour Killings
6.309 As noted in the USSD 2004:
“Honor killings--the killing by immediate family members of women suspected of being unchaste--continued in rural areas and among new immigrants to cities. 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. In September, Parliament adopted a law under which murders committed with a motive related to "moral killing" are considered aggravated homicides, requiring a life sentence. The law is designed to discourage the practice of issuing reduced sentences in honor killing cases; however, some human rights advocates argued that the wording of the law is not explicit enough to prevent judges from viewing the honor killing tradition as a mitigating factor for sentencing. Because of sentence reductions for juvenile offenders, observers noted that young male relatives often were designated to perform the killing.” [5c] (Section 5)
6.310 The Norwegian Country of Origin Information Centre ‘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)
6.311 As outlined by Kirsty Hughes in a paper dated December 2004:
“Violence against women in Turkey is one of the most serious problems facing Turkey in its attempts to show it is tackling basic human rights. So-called ‘honour’ crimes against women are only one particularly striking part of a range of violent crimes and attacks that need to be tackled not only by legal changes but also by major attempts to change cultural attitudes.” [77] (p22)
6.312 The Freedom House report ‘Countries at the Crossroads 2005 – Turkey, noted that: “In February 2004, the government instructed prayer leaders to state that honor killings are a sin against God, and the 2004 revisions to the penal code included an end to sentence reductions for these crimes, among other provisions to improve women’s rights. [62c] (p7)
6.313 The European Commission 2004 reported that
“The new Penal Code envisages life imprisonment for crimes against life that are motivated by ‘tradition and customs’ and it is foreseen that this provision will be applied in cases of so-called ‘honour killings’. Sexual assault within marriage can lead to legal investigation and prosecution if the victim lodges a complaint. The code foresees slight increases in prison sentences for polygamy and non-registration of religious marriages.” [71c] (p45)
6.314 The EC report 2004 continued:
“In March 2004 a judge sentenced the perpetrator of an ‘honour killing’ in Sanilurfa to life imprisonment and implicated family members were given long prison sentences. In February 2004, the Diyanet instructed imams and preachers to speak out against ‘honour killings’ during the Friday prayers. This followed a previous Diyanet instruction in January 2004 to no longer conduct unofficial religious marriages without a prior civil marriage.” [71c] (p45)
6.315 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)
6.316 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]