First sacrificed people: women -2

“No penalty shall be imposed upon an offender in respect of acts which were committed out of necessity, in order to protect against a serious and certain danger,” says Article 25 of the Turkish Penal Code; however, women face many problems when they try to defend themselves against male violence to not be killed. The right to self-defense of women, who had to kill to not be killed, is systematically ignored.

Those who had to kill to not be killed…

ZEYNEP PEHLİVAN

News Center - Although the systematic violence, harassment or sexual assault against women in Turkey have obviously increased, unfortunately, there is no effective mechanism at the legal level to prevent violence against women. In March, Turkey withdrew from the Istanbul Convention, protecting women against violence and women have been left alone against violence.

Turkey’s unlawful withdrawal from the treaty means it doesn’t recognize the obligations of the treaty under any circumstances. Such stances will definitely encourage the perpetrators. At a midnight, Turkey withdrew from the treaty by a Presidential decree and took all achievements of women from them and they have been left unprotected. More importantly; in this system that paves the way for perpetrators, women feel they should use their self-defense more.

Women have to develop different methods to protect themselves against violence, harassment, and sexual assault at home, on the streets, and in every sphere of life. One of these methods is, of course, self-defense! Nowadays, self-defense is the only way for women to protect themselves while the perpetrators have gone unpunished.

In the second part of our article series, we write the stories of women, who used their right to self-defense, who “had to kill to not be killed”.

Melek İpek

The “Self Defense Is A Right, Cannot Be Tried,” slogan is shouted by women during almost all demonstrations to protest violence against women in Turkey. Even if Article 25 of the Turkish Penal Code defines self-defense, women have faced prison sentences for using their right to self-defense. Melek İpek is one of these women.

Melek İpek lived in the Antalya province of Turkey. She met Ramazan when she was a high school student and she married him in Antalya 12 years ago. Ramazan İpek, who systematically inflicted violence on Melek throughout their marriage sent a message to Melek, and wrote that he asked for a divorce. Melek accepted his offer by sending a text to him and then she went to her children’s room. After a short time, Ramazan entered the room carrying a hunting rifle, and he threatened to kill both her and her children. He also inflicted violence against her throughout the night.

In the morning, he handcuffed Melek as naked before going to work. He also threatened her to “complete his uncompleted” work when he returned to home in the evening.

At the evening, Melek İpek had to kill Ramazan İpek using his hunting rifle. In March, Melek went on trial. During the hearing, Melek İpek said what she had faced in detail. She said that Ramazan Ipek had sexually assaulted her while she was still in high school to force her to marry him. Antalya Feminist Collective, many NGOs, and women’s associations followed the hearing held by the 3rd High Criminal Court. Malek faced up to 24 years in prison. The second hearing of the trial was held in April. Melek appeared in court by video link from jail, the testimonies of her children and 112 records were included in the case file.

She was ordered to remain in jail until the next hearing. On April 25, we received good news; Antalya 3rd High Criminal Court ruled the release of Melek İpek. After 107 days in jail, Melek finally saw her daughters and she made a statement saying, “I want to spend time with my daughters without talking to anyone for a while. Then, I will open a lawsuit to change my surname. Knowing that my daughters didn’t witness any violence comforted me when I was in jail.”

Nimet Akgün

75-year-old Nimet Akgün, living in the Mamak district of Ankara, killed her husband Ali Akgün, who inflicted violence against her and her disabled daughter. On January 15, Nimet Akgün was taken into custody and then sent to Ankara Sincan Prison. Her 50-year-old disabled daughter was sent to a state institution in Bolu province. Her neighbors stated that they had always heard noises from their house so they disregarded the noises that night.

Hülya Halaçkay

Another woman using her right to self-defense is Hülya Halaçkay living in Istanbul’s Güngören district. She killed her abusive husband Kadir Ören. After the incident, she said, “I didn’t want to kill him, I just defended myself. He would kill me.” The hearing of the trial was held by Bakırköy 20th High Criminal Court. Her lawyer Cansu Demir demanded her release emphasizing that she had killed her husband in self-defense. She was ordered to remain in jail until the next hearing. According to testimonies, Hülya was subjected to sexual violence by Kadir Ören.

Hülya had reportedly gone to the courthouse to file a divorce case; however, she returned without filing a case because she couldn’t afford to pay the expenses. The prosecutors demanded up to 24 years prison sentence against her. She has been sentenced to 15 years in prison. Meriç Eyüpoğlu, Cansu Demir, Ayşe Aylin Barcın and Sibel Erol were her lawyers. Şebnem Korur Fincancı, chair of the Human Rights Foundation of Turkey (TİHV/HRFT), and Peoples’ Democratic Party (HDP) MP Meral Danış Bektaş followed the case against Hülya Halaçkaya.

Yasemin Çakal

On July 10, 2014, Yasemin Çakal killed her abusive husband Özkan Kaymaklı in an act of self-defense. Yasemin Çakal said in her statement that her husband tried to kill her on that day. She has reportedly had to live in a women’s shelter for a while after being subjected to violence by Özkan Kaymaklı.

After being held in prison for three years, she was released from prison. But she received death threats from Özkan Kaymaklı’s family and had to go to Switzerland. Switzerland has granted political asylum to Yasemin Çakal.

Nevin Yıldırım

Nevin Yıldırım has undoubtedly become a symbol of the women’s movement after using self-defense to not be killed and she has played an important role in remembering women’s right to self-defense. Nevin Yıldırım lived in the Koruyaka village of Isparta’s Yalvaç district and had two children. On August 22, 2021, she killed her relative Nurettin Gider, who raped her. She was taken into custody on the same day.

A court sentenced her to aggravated life imprisonment. The life sentence sparked anger in the country. Nevin Yıldırım has been held in Isparta E Type Closed Prison.

Çilem Doğan

Çilem Doğan is one of few women being released from prison after using their self-defense to not be killed.  She killed her husband Hasan Karabulut forcing her into prostitution in Adana province on July 8, 2015. Çilem faced a life sentence. Women’s organizations and many feminists organized demonstrations demanding the release of Çilem Doğan. She was released on bail. During a hearing, Çilem Doğan said;

“I wandered in the corridors of the courthouse many times with a black face to get a protection order. I had no choice but to kill.”

 Tomorrow: Legal processes of femicide, self-defense cases