Turkey responsible for killing woman in domestic violence

In a landmark ruling the European Court of Human Rights (ECHR) ruled on June 10, 2009 that the Turkish government is responsible for the death of a woman at the hands of her daughter’s ex-husband. The court found that in failing to prevent the woman's death, Turkey had violated her right to life under Article 2 of the European Convention on Human Rights. The court also found a violation of Article 3, the prohibition of torture, and Article 14, the prohibition of discrimination. This marks the first time the court has ruled against a state in a domestic violence case.

The plaintiff in the case, Nahide Opuz (Diyarbakir, Turkey), complained repeatedly about her husband's violence to the police. Nahide Opuz’s husband had received a 3-month sentence, later lightened to a fine, for trying to run over her and her mother with his car; he was also fined for stabbing Ms.Opuz. He was sentenced in 2008 to life imprisonment, but the sentence was reduced to 15 years in jail for shooting and killing his mother-in-law and also mother of Ms Opuz. He was immediately released from jail having served several years on appeal against the sentence, taking into account that the offense was a result of "provocation by the deceased.". On March 11, 2002, he shot and killed his mother-in-law as she and her daughter were loading furniture on a truck to flee the area.

Ordering Turkey to pay Ms Opuz € 30,000, the European Court of Human Rights said: "The general and discriminatory judicial passivity in Turkey created a climate that was conducive to domestic violence." The court also held:

The research conducted by the aforementioned organizations indicates that when victims report domestic violence to police stations, police officers do not investigate their complaints but seek to assume the role of mediator by trying to convince the victims to return home and drop their complaint. In this connection, police officers consider the problem as a "family matter with which they cannot interfere". It also transpires from these reports that there are unreasonable delays in issuing injunctions by the courts ... because the courts treat them as a form of divorce action and not as an urgent action. Delays are also frequent when it comes to serving injunctions on the aggressors, given the negative attitude of the police officers. Moreover, the perpetrators of domestic violence do not seem to receive dissuasive punishments, because the courts mitigate sentences on the grounds of custom, tradition or honour.” The reports suggest that domestic violence is tolerated by the Turkish authorities and that the remedies indicated by the Government do not function effectively.

Sources: Jurist, The Independent, Wall Street Journal