Justice Ministry Circular on Male Violence: 'It Would Result in Concealment of Violence'

Photo: Zeynep Kuray

Click to read the article in Turkish

A circular on male violence by Justice Minister Abdülhamit Gül has been sent to the Council of Judges and Prosecutors (HSK) and all chief public prosecutors throughout the country.

The circular entitled, "Protection of the Family and Prevention of Violence on Women" envisages that specialized prosecutors at the Offices for Domestic Violence and Violence Against Women will examine the incidents of male violence and more offices will be opened throughout the country.

If a woman is facing a life-threatening situation, a temporary protection order will be issued for her regardless of an application.

The circular also introduces treatment for anger management and stress for men who inflict violence.

Women's rights defenders commented on the circular for bianet.

'There is nothing new'

Lawyer Selin Nakıpoğlu said that the circular has "objectionable" articles.

Article 5 of the circular says that it will be prevented to "share evidence such as statements, minutes, documents, audio and video recordings regarding the investigation phase" and that handing over such information to third parties may result in criminal liability for "violating privacy" upon Article 285 of the Turkish Penal Code.

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This article could be interpreted as "concealing violence" and prevent people from speaking up against male violence, Nakıpoğlu said.

"For the most part, there is nothing new. These regulations are already included in the İstanbul Convention. The problem is the non-implementation of this convention," she added.

Nakıpoğlu said that she would like to hear about the establishment of gender violence crisis centers and preparations to consider stalking as an offense.

"They should stop acting like they have done something new. We should put thinking caps on. But there is a resistance against implementing the İstanbul Convention.

"The best regulation against male violence on women is the İstanbul Convention. While this convention exists, we can't be happy with the solution offered under the name of 'update'."

'Women's will shouldn't be disregarded'

Ceren Akkaya from the Mor Çatı Women's Shelter Foundation also said that the issues that the circular addresses are already regulated in the İstanbul Convention.

"But unfortunately, there are a few critical and worrying issues that can change the practice against women," she added, pointing out the Article 7, which says if a woman is facing a life-threatening situation, a temporary protection order will be issued for her regardless of an application.

"Will women be placed in a shelter if there is a life-threatening situation even if they do not have a request? So, the woman will be unwillingly isolated from life, but nothing will be done to the one who inflicts violence and he will continue to walk around?

"Why should protection measures be implemented contrary to the requests of women? It would turn into a terrible practice. Feminicides and violence against women cannot be fought against by ignoring women's will.

"As a lawyer who works one-on-one with women who were subjected to violence, I think it will have more negative than positive effects." (EMK/DB/VK)