Women and Justice: Keywords

Domestic Case Law

Individual Application of Ferida Kaya Constitutional Court (2016)

Custodial violence, Gender-based violence in general

The applicant, Ms. Kaya, was arrested for alleged political offences. After she was released, she submitted a petition to the Office of Prosecutor General, asserting that she had been subjected to inhuman and degrading treatment while she was in custody. She also claimed that physicians at the state hospital ignored her complaints related to torture and inhuman treatment. After the incident, Ms. Kaya received asylum from Austria in 2002. Concurrently, the Office of Prosecutor General brought an action against the gendarmerie personnel and the physicians who ignored Ms. Kaya’s complaints to address her complaint regarding inhuman and degrading treatment. The trial at the Court of First Instance took about nine years. During that period, the claim against physician was dropped due to the lapse of time. Ms. Kaya was outside of Turkey during the trial. However, she remotely applied to several hospitals in Turkey to get consultations regarding the medical reports that were prepared while she was in custody. All of Ms. Kaya’s medical reports indicated that she showed signs of torture and inhuman treatment. She submitted those reports to the Court of First Instance. In 2011, the Court of First Instance dropped the case as a result of lapse of time. However, the Constitutional Court set aside the Court of First Instance’s decision and ruled that the prolonged trial violated Ms. Kaya’s right to access justice. The Constitutional Court held that Turkey must hold a speedy trial to abide by its constitutional obligation to effectively investigate claims related to torture and inhuman and degrading treatment. This case is important, because it concluded that an insufficient investigation may itself be inhuman treatment. This case should constitute a precedent for the future cases where women are harmed as a result of insufficient and ineffective investigation.

File No. 7C/203/2006 District Court Prešov (2007)

Domestic and intimate partner violence

On August 4, 2006 Ms. M. G. (the “Claimant”) filed an action with the District Court Prešov against her husband, Mr. F. G. (the “Defendant”) requesting that his right to use the common household be revoked. The court ruled to revoke the Defendant’s common right to use the household and found the Defendant guilty of the criminal offence of making a dangerous threat under Section 360 (1) of the Criminal Code and sentenced him to imprisonment for six months. The Defendant, under the influence of alcohol, threatened to throw the Claimant off the balcony and forced her by violence to leave the house. During the trial, the Claimant’s allegations regarding the violent behavior of the Defendant were supported by the testimonies of both children of the disputing parties. According to an expert opinion, the Defendant was suffering from alcohol addiction and in need of medical treatment, which was later ordered by the court. Pursuant to Section 705a of the Civil Code, if further co-habitation with a spouse, divorced spouse or close person who is a common user of the same household becomes insufferable due to his / her physical or psychological violence or threats thereof, the court may, upon a petition, revoke or limit such violating party’s right to use such common household. In this case, the District Court in Prešov revoked the Defendant’s common right to use the household under the abovementioned provision of the Civil Code.