Injuctions In The Law Regarding The Protection Of The Family And The Prevention Of Violence Against Women (in Turkey)
In the Law No. 6284, injunctions were issued in order to protect the victims of violence. These measures are temporary legal protection. The measures taken for the victims of violence are protective injunctions, and the measures taken for the perpetrator are preventive injunctions. Precautionary decisions are made in a simple and fast way.
In our article, I first examined the types of violence, then the purpose and operation of the Law No. 6284, and finally the definition, types, implementation and appeal process of protective and preventive injunctions.
First Part; Violence in General
I. Definition of Violence
Violence is defined in Article 2 of the Law on the Protection of the Family and the Prevention of Violence Against Women as; “Physical, sexual, psychological, verbal, physical, sexual acts that result in or are likely to result in physical, sexual, psychological or economic harm or suffering to a person, including threats and pressures against such persons, or arbitrary deprivation of liberty, in the social, public or private sphere or any kind of economic attitude and behavior”.
Violence against women is any gender-based act that causes bodily, sexual or moral harm. The reason for violence is being a woman. It is the violence used because of being a woman and for the continuation of the dependence of the woman on the man.
II. Types of Violence
There are many types of violence. Violence against women is divided into four types: sexual, psychological, economic and physical violence. According to the situation of women, it is divided into two as domestic violence and violence against women.
A- Discrimination According to Resorting Type
1- Physical Violence
Physical violence is behavior that physically harms the victim. These are actions that target the person’s bodily immunity and life safety through acts that cause pain to the body of the victim or impair his health or negatively affect his ability to perceive, such as punching, kicking, slapping, biting, strangling, pushing, shaking, injuring with a sharp object or hitting her with a hard object.
Physical violence can sometimes lead to serious injury and death. Honor killings are also physical violence against women’s right to life. The World Health Organization has divided the degree of physical violence as moderate and severe. The World Health Organization described as slapping, pushing, hitting and shaking as moderate physical violence; hitting, kicking, squeezing his throat to prevent him from breathing, using sharp and piercing tools as severe physical violence.
2- Sexual Violence
According to UN Women’s definition, sexual violence is any attempt to sexually harass, attempt to commit a sexual act, make sexual comments, advance in sexual harassment, or other acts of sexual harassment by any person (mostly men) in any setting.
To rape, to insert an object into one’s genitals without consent, to force sexual intercourse, to force sexual intercourse at any time or involuntarily, even within marriage, to force someone to have sexual intercourse with someone, abortion, forcing prostitution, forcing incest, forced marriage, sexually explicit words is an example of sexual violence.
3- Psychological Violence
Psychological violence means ignoring one’s feelings, thoughts and wishes by putting psychological pressure on the person. Actions such as insulting and threatening, shouting, humiliating, intimidating, swearing, confining the house, expelling from the house, giving nicknames, humiliating, bringing in the sand, preventing women from exercising their freedom of belief, thought and opinion, preventing freedom of communication, oppressing, not feeding their emotional needs, threatening not to show their children, keeping women at home by force are psychological violence.
4- Economic Violence
Economic violence is a type of violence that makes women dependent on men and drags them into poverty. Economic violence also ensures that women cannot leave the physical violence experienced because it prevents them from accessing economic resources.
Acting such as not allowing the woman to work, preventing the woman from progressing in her profession, taking the woman’s salary from her, not giving her money, fighting because of money, confiscating the woman’s salary, not meeting the basic needs of the family, not informing the woman about the income and expenses of the house, deciding alone by ignoring women economic matters that concern both spouses are economic violence.
B- Discrimination by Status of Women
1- Domestic Violence
Domestic violence can occur against women or children. Domestic violence against women is any behavior that causes physical, psychological and economic damage in the family.
2- Violence Against Women
Violence against women defined in Article 2 of the Law on the Protection of the Family and the Prevention of Violence Against Women as; “all kinds of attitudes and behaviors that are applied to women simply because they are women or that affect women and cause a violation of women’s human rights and that are defined as violence in this Law”.
Violence against women refers to all kinds of gender-based violence that causes psychological, sexual and physical harm to women. A woman’s marital status or profession does not change her being a victim of violence. According to the report published by the World Health Organization in 2013, 35% of women worldwide have been subjected to physical or sexual violence by their spouse or partner, or sexual violence by another person. Worldwide, 38% of femicide is committed by a woman’s spouse or partner.
Second Part; Purpose, Scope And Operation Of The Law On The Protection Of The Family And The Prevention Of Violance Against Women
I. Purpose and Scope of the Law
In the 1st article of the Law on the Protection of the Family and the Prevention of Violence Against Women; “The purpose of this Law; It is to regulate the procedures and principles regarding the measures to be taken in order to protect women, children, family members and victims of unilateral stalking who have been or are at risk of violence, and to prevent violence against them.”
The law aims the state to prevent violence, to protect the victims of violence, and to stop and rehabilitate perpetrators with a precautionary decision. The most fundamental right protected by law is the right to life.
II. Implementation Conditions of the Law
For the implementation of the law, it is not required to cause harm by types of violence. In order to benefit from the protections according to the law, the existence of the risk of violence is sufficient. Actions that do not result in pain are also considered within the scope of violence. The aim is to resolve the incident before the person is subjected to violence and to prevent them from being subjected to violence. In order for the law to be implemented, the victim must be a woman, a child, a family member or a victim of unilateral stalking. In addition, it is necessary for these people to report or complain. Judges, civil chiefs or law enforcement may give injunctions for the implementation of Law No. 6284 in accordance with Article 2 of the Law.
III. Operation of the Law
Law No. 6284 was adopted on 8 March 2012 and published in the Official Gazette on 20 March 2012.
In Article 7 of the Law No. 6284; “In case of violence or the danger of violence, anyone can report this situation to the official authorities or authorities. Public officials who receive the notification are obliged to fulfill their duties within the scope of this Law without delay and to inform the authorities about other measures to be implemented.” Complaints are made to the local authority, the Office of the Chief Public Prosecutor and the judge. The notice may be written or verbal. All notices and complaints must be recorded.
The law enforcement has an obligation to initiate proceedings and notify after receiving a notice or complaint. If there is a problem in delay, it takes an injunction and submits it to the local authority or judge for approval. If there is a situation where the law enforcement is not authorized to make a decision, there is an obligation to inform the local authority or the family court judge, depending on the type of measure. The Office of the Chief Public Prosecutor sends the documents prepared as a result of the application made to the judge or the civil authority to take the relevant measure. The law enforcement officers may notify SONIM of the incidents reflected to them, as well as the judge and the local authority may notify SONIM of the injunctions they have taken.
According to Law No. 6284, the injunction is notified to both the protected person and the perpetrator. In the 9th article of the Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women; “Any appeal against the decisions made pursuant to the provisions of this Law can be made to the family court within two weeks from the date of notification” The injunction decisions taken are notified to the relevant provincial and district directorates of the Ministry and to the Office of the Chief Public Prosecutor or the law enforcement depending on the nature of the decision.
Third Part; Injunctions
I. The Nature of the Injunctions
The injunction is defined in Article 2 of the Law No. 6284 as; “decisions to be made, on request or ex officio, by judges, law enforcement officers and local authorities about victims of violence and perpetrators of violence within the scope of this Law”. The injunctions regulated in the Law No. 6284 are the measures that have the nature of providing temporary legal protection. The purpose of the injuctions are to prevent and stop violence against women and children.
II. Types of Injunctions
Injuctions are divided into two as preventive and protective injunctions. The protective injunction defined is in clause k of article 3 of the Implementing Regulation as; “the decision regarding the measures to be decided by the family judge or the civil chief, or by the law enforcement chief in cases where delay is inconvenient, considering the nature of the event”. The preventive injunction defined is in paragraph p of Article 3 of the Regulation as; “measures to be decided by the family judge or the law enforcement chief in terms of only certain measures, considering the nature of the event, in cases where delay is inconvenient, about the person who commits violence or is at risk of committing violence”. The distinction between protective and preventive measures varies according to whom the measure is given. Protective injunctions are made in order to protect the victims of violence. Preventive injunctions are given about the perpetrator of violence.
A- Protective Injunctions
1- Protective Injunctions Given by the Civil Chief
It is regulated in Article 3 of the Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women.
a. Providing Appropriate Accommodation for Her and Her Accompanying Children
The provision of accommodation is regulated in Article 7 of the Regulation. In this article; “Persons, about whom it has been decided to provide accommodation, in places belonging to the Ministry or under the supervision and control of the Ministry; In cases where shelters are insufficient, they are temporarily accommodated until they are safely transferred to social facilities, dormitories or similar places belonging to public institutions and organizations, upon the request of the local authority, the law enforcement in urgent cases, or the Ministry. The protected person, if any, is temporarily accommodated in social facilities, dormitories and similar places, by paying the price and ensuring the safety of the person, by the law enforcement in the place where temporary shelter is provided, until SONIM provides a safe transfer with his/her children to the shelters affiliated to the Ministry or under the control of the Ministry. Housing and subsistence expenses are paid by SONIM. Information about the place where the protected person is placed is notified to SONIM. SONIM determines the appropriate first reception unit or the place where the guesthouse service will be provided, taking into account the request of the person, and ensures that the protected person is placed there. In the event that the protected person and the children accompanying him/her are in danger of life, the law enforcement escorts them to their safe placement in the guesthouse, first reception unit or other facilities. Vehicles are allocated by SONIM for transportation in and out of the city, and the transportation expenses and the compulsory expenses of the protected person are covered.”
Victims of violence are placed in shelters with the decision of the local or law enforcement officer. If the person does not want to stay in the accommodation, SONIM is transferred to the place where she wants to stay, with her informed consent. If the person’s life is in danger, law enforcement accompaniment is requested. Life threatening is the exposure or the possibility of being exposed to an act of violence that may result in death. Informed consent, on the other hand, is the written statement of the protected person that she is informed by explaining the reasons, stages and consequences of the injunction that may be taken against her, and that understands and accepts all of these issues with her free will.
b. Providing Temporary Financial Aid
The local authority may decide on economic aid to the victim of violence. For those over the age of 16, daily payments are made up to one thirtieth of the monthly net minimum wage determined every year. If there is more than one protected person, an additional payment of twenty percent of this amount is made for each person. If sheltered persons are provided with shelter, the amount of aid is reduced by fifty percent.
c. Providing Psychological, Vocational, Legal and Social Guidance and Counseling Services
By evaluating the psychological and socio-economic status of the person, the protected person can work with relevant public institutions and organizations in order to gain the knowledge and skills that will help him/her to develop, adapt and make decisions on employment and similar issues, including his/her rights and vocational training courses, and to provide psychological support services are provided under the coordination of SONIM. If the protected person needs legal guidance, she is also assisted in this regard.
d. Taking The Person Under Temporary Protection
The local authority may decide, ex officio or upon the request of the relevant parties, that the victim of violence be placed under temporary protection if her life is in danger. In the implementation of the measure, the law enforcement unit in the place of residence of the victim of violence or the law enforcement unit in the place where the measure will be applied is responsible. Victims of violence are put under temporary protection by law enforcement, with all kinds of technical devices and equipment, for twenty-four hours, if necessary, in order to protect them from the dangers that may come from those who perpetrate violence or who are at risk of perpetrating violence.
e. Providing Nursery Facilities for Children
The local authority may also issue protective measures for children in cases of violence. This injunction depends on the working status of the victim of violence. Nursery expenses are covered from the Ministry’s budget, provided that the protected person is not working, for a period of 4 months, and if she is working, for a period of 2 months.
f. Similar Protective Injunctions
In the 3rd article of the Law No. 6284, it is regulated that while the protective injunctions that can be taken by the civilian authority are regulated, it is also regulated that the local authority can also make the injunction decisions that he deems appropriate. These precautionary decisions to be taken by the local authority should be made for the protection of the victims of violence.
2- Injunctions Given by Law Enforcement
In cases where there is a problem in delaying some of the injunction decisions that can be taken by the civil authority in the second paragraph of Article 3 of the Law No. 6284, it can also be given by the law enforcement chiefs. In cases where delay is inconvenient, the law enforcement chief may decide to provide a suitable shelter for the victims of violence and their children, and to put the victim of violence under temporary protection. In the second paragraph of Article 3 of the Law; “The chief of law enforcement submits the document to the local authority for approval, at the latest, within the first business day following the date of the decision. Injunctions not approved by the local authority within forty-eight hours are automatically lifted.”
3- Injunctions Given by the Judge
It is regulated in Article 4 of the Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women. The Family Court judge can issue these protective measures.
a. Change of Workplace
If the victim of violence is working, the judge may decide to change the workplace in order to protect the victim from violence. This precaution is taken in order to prevent the professional life of the victim of violence from being affected, to avoid problems with the employer or co-workers, to avoid being fired or dismissed. The decision to change the workplace cannot be made without the request or consent of the victim of violence. It is regulated in Article 13 of the Regulation. In this article; “According to the provisions of the relevant legislation to which the protected person is subject, the judge may decide to change the workplace within the province or outside the province, upon his request or by obtaining his approval. The decision is notified by the judge to the workplace of the protected person to be fulfilled, taking into account the most favorable conditions for the protected person.
b. Determination of Settlement Separated from Joint Settlement in Case of Marriage
If the victim of violence is married for the protection of the victim, the judge may decide on the injunction of determining a separate settlement from the common settlement. A separate residence is determined for the victim of violence in order to protect the victim from violence between married couples and to remove the perpetrator from the reach. In order for this injunction to be decided, the victim of violence must have a request, be officially married, and the spouses must have a common place of residence.
c. Adding a Family Residence Annotation to the Land Registry
Upon the request of the victim of violence, if appropriate conditions are in question, the judge may decide to add a family residence annotation in favor of the spouse who is not the owner of the property, which is reserved for the use of the family. In order for the immovable to be considered a family residence, the conditions sought in the Turkish Civil Code must be met. The sale of an immovable, which is the focus of the vital activities of family members, due to the debt of one of the spouses or for any other reason is economic violence. By adding a family residence annotation to the title deed of the immovable property, it is aimed to protect the property from economic violence by giving the spouse.
d. Change of Identity and Other Related Information Documents According to the Provisions of Witness Protection Law No. 5726
In the 16th article of the Implementation Regulation of the Law No. 6284; “The injunction to change the identity and other information and documents is a injunction by the judge in accordance with the provisions of the Witness Protection Law, based on the informed consent of the person concerned, in case it is understood that the life of the protected person is in danger and other injunctions will not be sufficient to prevent this danger. The decision is sent by the judge to the Office of the Chief Public Prosecutor to be fulfilled by the Ministry of Interior. This decision is immediately sent to the Ministry of Interior by the Office of the Chief Public Prosecutor. The result of the action taken on the decision is notified to the Office of the Chief Public Prosecutor by the Ministry of Interior.” It is regulated that the decision will be made by the judge and how the decision will be carried out.
This measure is subject to strict conditions. First of all, the victim of violence must be life-threatening. If the life-threatening situation can be eliminated with a milder measure, it cannot be decided to change the identity register and other information and documents. In addition, the informed consent of the victim of violence must be obtained in order to make a decision to change the identity register and other information and documents of the victim of violence.
e. Similar Protective Injunctions
According to Article 4 of the Law No. 6284, the judge may decide on a injunction other than the injunctions written in the law, depending on the characteristics of the case. The judge may order another injunction or more than one injunction, the judge can also decide on one of the injunctions to be given by the local authority.
B- Preventive Injunctions
1- Preventive Injunctions Given by the Judge
Article 5 of Law No. 6284 regulates preventive measures. Only the judge can make preventive measures. However, some of them may be decided by the law enforcement officer in cases where delay is inconvenient.
a. No Threats of Violence, Insults, Humiliation, or Behaviors Containing Humiliation
With the injunction order not to speak and act against the victim, the perpetrator is warned not to utter words containing the threat of violence against the victim, not to insult, humiliate or humiliate the victim. The aim here is that the perpetrator does not repeat the acts of violence and insults against the victim. The fact that the victim of violence and the perpetrator live in the same house does not change for this injunction to be given. The judge may decide on this injunction of any severity. It may also decide on this injunction together with other injunction decisions.
b. Immediate Removal from the Shared Housing or the Place Where it is Located and Allocating the Shared House to the Protected Person
The judge may decide to remove the perpetrator from the house where they live with the victim and to allocate the house to the victim. For the implementation of this injunction, it does not matter whether the house belongs to the victim or perpetrator, is rented by them, is a family residence or belongs to one of the elders of the family.
c. Not Approaching the Protected Persons, Their Residence, School and Workplace
The judge may decide that the perpetrator should not approach the victim’s home, school, workplace or any other place. This preventive injunction can be given to anyone. With the decision, the perpetrator of violence is removed from the environment where the victim is and violence against the victim is prevented. It also indicates the distance not to be approached when the judge makes this injunction decision. If the perpetrator exceeds the specified distance, since he will have acted in violation of the court decision, the law enforcement agency, which detects this situation, immediately notifies the relevant Chief Public Prosecutor’s Office.
d. Establishing, Restricting or Removing Personal Relationship with an Accompanied Person, If There is a Decision to Establish a Personal Relationship with Children
In Article 21 of the Regulation; “If there is a decision made by the judge to establish a personal relationship with the child before, it can be decided to make the personal relationship accompanied by an accompanying person or to limit or completely abolish the personal relationship depending on the nature of the situation.” With this precautionary decision, it is prevented that the parents use the child to take revenge on each other or hurt each other, or that the perpetrator uses the children to reach the victim and re-inflict violence.
e. Keeping Off the Relatives, Witnesses and Children of the Protected Person
In Article 22 of the Regulation; “If deemed necessary by the judge, a decision may be made regarding the perpetrator not to approach the relatives of the protected person, witnesses of violence and their children, without prejudice to the circumstances regarding establishing personal relations, even if they have not been subjected to violence.” It is not necessary for the relatives, children or witnesses of the protected person to be subjected to violence in order for this injunction to be taken. The presence of the threat of violence is sufficient. The cases of establishing personal relations with the joint children of the protected person or man are reserved from this injunction.
f. No Damage to Personal and Household Goods
In Article 22 of the Regulation; “A decision may be made by the judge that the perpetrator does not harm the personal belongings and household goods of the protected person.” The definition of the goods has not been made, but if the parties are not married, movable and immovable properties that are reserved for the person, if the parties are married, those that are considered as personal property of the victim due to law and contract are accepted as goods. Apart from personal belongings, household items can also be the subject of the decision.
g. Do Not Disturb With Communication Tools or Other Ways
In Article 24 of the Regulation; “The judge may decide that the perpetrator of violence does not disturb the protected person by means of visual, audio, written, internet and similar communication tools or otherwise, in order to protect the victim of violence.” This includes e-mail, telephone, fax, letter, mobile phone message and sending news with someone. With this measure, not all kinds of communication, but communications that cause discomfort to the victim and that are established with the aim of perpetrating violence are prevented.
h. Surrendering Weapons to Law Enforcement
In Article 25 of the Regulation; “The judge may decide to hand over the weapons belonging to the perpetrator to the law enforcement in order to protect the victim of violence and to entrust them until the end of the injunction period.” With this injunction, it is aimed to prevent the damage caused by the weapon. Law enforcement should seize the weapons that the perpetrator carries as a crime without a precautionary decision.
i. Surrender of Embezzled Weapon Due to Public Duty
In Article 26 of the Regulation; “A decision may be made by the judge that the perpetrator delivers the embezzled weapon to his institution, even if he is performing a public duty that requires him to carry a gun. The head of the institution that received the weapon continues to implement the injunction given in accordance with the provisions of the first paragraph and does not return the weapon in any way, unless a new decision is made regarding the end of the decision period or whether the measure has been changed or removed. Receiving and returning the weapon is carried out with a report signed between the head of the institution, the perpetrator and a witness.”
j. Ensuring The Places Where the Protected Persons are Preptor Cannot Use Alcohol or Drugs or Stimulant Substances, or Not to Approach While Under the Effect of These Substances, To Provide Examination and Treatment
In Article 27 of the Regulation; “The judge may decide to provide examination and treatment, including hospitalization, in case the perpetrator of violence does not use alcohol, drugs or stimulants in the places where the protected persons are present, or does not approach the protected persons and their places while under the influence of these substances, and in case of addiction. If there is a relationship between the use of alcohol and drugs and the use of violence, then this measure is decided. Here, the person against whom the injunction is taken does not have to be drunk, when he uses the substance indicated in the decision, a violation will take place. In order to decide on this measure, it is necessary to make a habit of alcohol or substance and therefore to use violence.
SONIM monitors the effects of the measure on the person by ensuring that the perpetrator is examined or treated in a health institution. SONIM may request assistance from law enforcement during the execution of this decision. Expenses for rehabilitation services that are not covered by the general health insurance are covered from the Ministry’s budget. In the event that the person against whom a injunction has been taken refuses treatment in the health institution, the situation is recorded in a report and promptly reported to the Office of the Chief Public Prosecutor and SONIM.
k. Applying for Examination and Treatment and Providing Treatment
In Article 28 of the Regulation; “The judge may decide to apply to the health institution for examination or treatment and to provide treatment in order to prevent the violent behavior of the perpetrator.” Provincial directorate of public health in provinces provides treatment by community health center in districts. The budget is again covered by the Ministry.
l. Implementation of the Measures in the Child Protection Law
The judge may decide on the protective and preventive injunctions included in the Child Protection Law together with the Law No. 6284. If the victims of violence are children, the measures in the Child Protection Law can be applied. Article 7 of the Child Protection Law gives the authority to decide on protective and supportive measures to the family judge with the Law No. 6284. The protective and supportive measures regulated in the Child Protection Law are the measures related to counseling, education, care and accommodation for the protection of the child primarily in his/her family environment.
m. Similar Preventive Injunctions
Apart from the preventive injunctions listed in the law, the judge may also order similar protective injunctions according to the characteristics of the concrete case. The judge has a wide margin of appreciation.
2- Preventive Injunctions Given by Law Enforcement
In the second paragraph of Article 5 of the Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women; “In cases where there is a risk in delay, the measures in subparagraphs (a), (b), (c) and (d) of the first paragraph may also be taken by the relevant law enforcement chiefs. The chief of law enforcement submits the document to the judge’s approval within the first business day following the date of the decision at the latest. Injunctions not approved by the judge within twenty-four hours are automatically lifted.” The injunctions in these paragraphs; not to make words or behaviors involving violence, insult, humiliation or humiliation towards the victim of violence, to be immediately removed from the joint residence or the place where it is located, and to allocate the joint residence to the protected person, not to approach the protected persons, their residence, school or workplace, if deemed necessary, even if the protected person has not been subjected to violence, he does not approach his relatives, witnesses and children, without prejudice to the circumstances regarding establishing personal relations.
III. Procedure and Confidentiality in the Deciding of Injunctions
The process of issuing the injunction begins with the complaint of the victim of violence or the notification of third parties to the law enforcement or prosecutor’s office. In order to take an injunction decision later, the request of the relevant person, the Ministry, law enforcement officers, the Public Prosecutor or SONIM is required. Depending on the type of the injunction, the family court, the local authority or the law enforcement unit gives. “The injunction can be given for a maximum of six months for the first time. However, in cases where it is understood that violence or the danger of violence will continue, it may be decided, ex officio, to change the duration or form of the injunctions, to abolish these injunctions or to continue as they are, upon the request of the protected person or the Ministry or law enforcement officials.
In the sixth paragraph of Article 8 of the Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women; “If deemed necessary, together with the injunction decision, on request or ex officio, the identity information of the protected person and other family members or their addresses that may reveal their identity and other information that is important for the effectiveness of the protection are kept confidential in all official records. A separate address is determined for the notifications to be made. The relevant provisions of the Turkish Penal Code dated 26/9/2004 and numbered 5237 shall apply to the person who unlawfully gives, discloses or discloses this information to someone else.” If a confidentiality decision has been made, the records are only kept electronically.
IV. Implementation of Injunctions
The law enforcement unit is responsible and authorized to fulfill the protective injunctions and the preventive injunctions issued against the perpetrator of violence, the place of residence or the place where the protective or preventive injunction will be taken or the place where the measure will be applied. Since the third paragraph of the 35th article of the Regulation includes the provision “The measures taken by public institutions and organizations depending on the nature of the decision, in cooperation with SONIM”, SONIMs are also in charge.
After the decision of preventive injunction is given, it is sent to the authorized and authorized law enforcement agency by the Office of the Chief Public Prosecutor. Whether or not the precautionary decisions are fulfilled is controlled by the law enforcement during the decision. This control is carried out by law enforcement by visiting the house where the protected person is located at least once a week, communicating with relatives, seeking information from the neighbors, obtaining information from the headman of the place of residence, and conducting research around the house where he is located. The relevant institution informs SONIM about the stages and results of the work and transactions carried out for the taking and implementation of the measure decisions, by 4 pm at the latest on the same day.
V. Objection to Injunctions
Persons for whom an injunction decision has been made and the Ministry of Family, Labor and Social Services may object to the injunction decisions. In the 9th article of the Law No. 6284; “Any appeal against the decisions made pursuant to the provisions of the Law No. 6284 can be made to the family court within two weeks from the date of the annulment or notification. Upon objection to the injunction decisions given by the judge, the file is sent to the court of first instance if there is more than one chamber of the family court in that place, to the first chamber for the last numbered chamber, to the civil court of first instance if there is only one chamber of the family court in that place, to the court of first instance with the family court judge. If the judge of the same court is the same judge, it is sent to the nearest civil court of first instance without delay.” Objection against the preventive and protective injunctions is open. Both the injunctions and forced imprisonment decisions given by the judge and the injunctions given by the local authority are subject to objection. Although it is not possible to appeal directly to the injunction decisions made by the law enforcement chief, if the local authority or judge approves the decisions, an objection can be made against their decision.
VI. Follow-up with Technical Methods
In the 12th article of the Law No. 6284; “Technical tools and methods can be used with a judge’s decision in the implementation of the injunction decisions given in accordance with the provisions of this Law. However, in this way, the voices and images of the persons cannot be listened to, watched or recorded. Although it is stated in the law that the follow-up with technical methods will be regulated by the Regulation, it is regulated in the same way as the law in Article 37 of the Regulation. Electronic handcuffs, alarms, panic wristbands and mobile devices are followed by technical methods.
The electronic clamp is attached to the perpetrator. With the help of GPS, this apparatus ensures that if the perpetrator approaches the victim more than the prescribed distance, the law enforcement will intervene to the perpetrator, this situation will be detected. An alarm, panic wristband and mobile device are attached to the victim. The alarm, which is fixed and placed in the victim’s home or workplace, notifies the police if the perpetrator approaches the victim’s home, or notifies the same units when a panic button is pressed by the victim. A panic bracelet is a wristband (handcuff) worn on the victim’s wrist or a necklace with GPS hanging around his neck. The mobile apparatus is a technical tracking device that looks like a phone and sends the location of the victim of violence to the law enforcement officers by pressing a button, thanks to the program inside.
VII. Violation of the Injunction and Its Consequences
If a violation of the injunctions is determined, a report is kept about this matter and sent to the Office of the Chief Public Prosecutor. In the 13th article of the Law No. 6284; “In case of violation of the injunction, even if the act constitutes another crime, the perpetrator of violence will be imprisoned from three days to ten days, depending on the nature of the injunction violated and the gravity of the violation. In each repetition of the violation of the injunction, the duration of the forced imprisonment may be increased from fifteen days to thirty days, depending on the nature and contradiction of the measure violated. However, the total duration of the forced confinement shall not exceed six months. The decision is executed by the Office of the Chief Public Prosecutor and notified to the provincial and district directorates of the Ministry.” The duration of the forced imprisonment is determined by the judge according to the nature and contradiction of the infringed injunction.
The person who violates the injunction against forced imprisonment can appeal within 2 weeks from the notification of the decision. In Article 34 of the Regulation; “Any appeal can be made to the family court by the relevant parties, within two weeks from the date of notification, against the decisions of forced imprisonment due to inconsistency with the injunction orders given by the judge. Upon the objection, the file is sent to the first chamber for the last numbered chamber, if there is more than one chamber of the family court in that place, to the first chamber for the last numbered chamber, to the civil court of first instance if there is no other family court in that place, and to the civil court of first instance if the family court and the civil court of first instance are the same judge. sent to the nearest court of first instance. The authority that will examine the objection made against the forced imprisonment decisions may decide to accept or reject the objection request, to cancel the decision or to continue the same without a hearing. If the judge deems it necessary, he can also listen to the relevant parties, and the decision must be made within a week in any case. Decisions to be made on the objection are also final.”
VIII. Financial Provisions
In the Law No. 6284, it is envisaged that the state will provide financial security and support to the victims of violence. It is aimed not to compel the perpetrators of violence financially and to prevent economic violence. Temporary financial aid can be given, alimony can be paid, medical expenses are covered, and they can participate in the lawsuit exempt from fees, expenses and taxes.
Temporary financial aid, in article 17 of Law No. 6284; “In case it is decided to provide temporary financial aid in accordance with the provisions of this Law, daily payments up to one thirtieth of the monthly net minimum wage determined every year for those over the age of sixteen are made. If there is more than one protected person, an additional payment of twenty percent of this amount is made for each additional person. However, the amount to be paid cannot exceed one and a half times the determined daily payment amount in any way. In the event that sheltered persons are provided with shelter, the amounts determined in this paragraph shall be applied by being reduced by fifty percent. These payments are covered from the appropriation allocated to the Ministry’s budget for temporary financial aids. The payment amount, the place where the payment will be made and the payment within one month from the date of notification shall be notified to the perpetrator and a recourse shall be given. The perpetrator must make the payment within one month from the date of notification.
Alimony is stated in Article 18 of Law No. 6284; “In the event that alimony is decided in accordance with the provisions of this Law, a copy of the decision is sent to the execution office of the domicile of the alimony creditor or debtor ex officio. In case the person who is obliged to pay alimony has a connection with the Social Security Institution, alimony is collected by the executive directorate from the salary, salary or wage of the person concerned, without seeking the application of the protected person. The postal expenses of the enforcement offices regarding the collection of alimony are met from the red-handed allowance of the Chief Public Prosecutor’s Office.
The health expenses of the protected person are covered by the general health insurance. Article 19 of the Law No. 6284 regulates who will be covered for health expenses. If it is decided that the rehabilitation or treatment of the person for whom a preventive injunction decision is made at the same time is necessary, the expenses for the rehabilitation services that are not covered by the general health insurance and the expenses of the other health services that must be provided within the scope of the rehabilitation services are covered from the budget of the Ministry.
In the event that the victim of violence, which is stated in Article 20 of the Law No. 6284, participates in the lawsuit, she is not charged any cost under the name of litigation expenses, fees, postal expenses and the like from the proceedings for the execution and execution of the decisions rendered.
IX. Violence Prevention and Monitoring Centers
SONIM, Violence Prevention and Monitoring Centers, was established as centers to carry out support services to prevent and monitor violence and ensure the effective implementation of measures. In the 14th article of the Law No. 6284; “The Ministry, where the necessary expert personnel are on duty and preferably female personnel are employed, support and monitoring services are provided for the prevention of violence and the effective implementation of protective and preventive measures, it carries out its work on a 24/7 basis, its working procedures and principles are determined by a regulation, establishes prevention and monitoring centers. In the centers established, monitoring studies are carried out and support services are provided for the prevention of violence and the effective implementation of protective and preventive measures.
The support services provided by SONIM are regulated in Article 15 of the Law No. 6284. In SONIMs, legal and psychological support services are provided to people who have been subjected to violence or are at risk of being subjected to violence, and to people who are perpetrators or are at risk of perpetrating violence. In the first paragraph of Article 12 of the Regulation on SONIM, it is regulated that women, children, family members and victims of unilateral stalking can benefit from the services provided in SONIM, who are exposed to or have a possibility of domestic violence. How these people can apply to SONIM is stated in the 13th article of the Regulation; “a) The protective or preventive injunction decision given by the competent authority or authority, b) The personal application or complaint of the persons who will benefit from the services, c) The complaint of the person reached in line with the notification of third parties, ç) The public prosecutor’s office, public institutions and organizations, professional organizations, real and notification of legal persons and non-governmental organizations, d) Applications made to Hello 183.” Victims of violence can also reach the 155 Police Emergency Call Center in case of violence, with the Women’s Emergency Support Notification System (KADES) application, and inform the security unit closest to the scene.
Unfortunately, the number of women subjected to violence and femicide due to patriarchal society and family structure is quite high in our country. With the Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women, it is aimed to protect the right to life of women.
The law regulates where women who are subjected to violence and whose life is in danger should apply and how they should be protected. Victims of violence can request protection by applying to SONIM or the police. The protection of the victims of violence is ensured by adjudicating protective or preventive injunctions with the decisions of the court or the local authority. While financial assistance is provided to the victims, they are provided to continue their lives economically, and various psychological and legal support is also provided. It is very important that these injunctions are implemented quickly and that public officials take their duties seriously. Because, as a result of not applying the law and injunction orders, many femicides can occur.
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