Islamic community leader released despite 19-year sentence in child marriage case
Yusuf Ziya Gümüşel, a prominent figure in the İsmailağa sect, a politically influential Islamic community in Turkey, was released from prison yesterday under judicial control measures in a child abuse case.
In late 2023, Gümüşel was sentenced to 19 years and 9 months in prison for subjecting his 6-year-old daughter, H.K.G., to abuse under the guise of a religious marriage to 29-year-old Kadir İ. The trial had begun after the woman revealed the marriage in 2020, when she was 24 years old.
The Hiranur Foundation, founded by Gümüşel, announced his release on social media, stating, "We thank the officials who contributed."
Ahmet Mahmut Ünlü, a popular preacher from the same religious network known publicly as Cübbeli Ahmet, also welcomed the decision. He was among the crowd that meet Gümüşel outside the prison, celebrating his release. He said he felt obligated to thank everyone who contributed to the release, specifically the pro-government Yeni Şafak newspaper for their coverage of the issue.
More revealed about 6-year-old's marriage as child abuse in religious groups under spotlight
'We will not surrender to sectarian law'
The Women’s Platform for Equality (EŞİK) said in a written statement that this decision demonstrates the extent to which religious communities are protected—even on an issue such as child abuse:
"This decision fuels concerns about the extent to which the rights of women and children can be protected in the face of the intertwined relationships between sects, communities, and political power; it reinforces the perception of impunity and undermines trust in justice.
"The fact that a sect leader stated he held “two important meetings to secure the release” clearly reveals the influence of sects over the judiciary. An investigation must be launched immediately regarding this alleged meeting held for that purpose.
"This release decision, issued as a result of campaigns waged by sects, reveals that judicial independence is being undermined not only by political authorities but also by sects. At the same time, it amounts to implementing a “sectarian law” that varies according to the sects, rather than secular law.
"Children’s rights, women’s lives, and the secular legal order are not subjects for negotiation in the relationships the political authority establishes with sects and religious communities.
"While children in this country are being abused, women are losing their lives to male violence, and child and forced marriages continue, it is the state’s duty to protect children, prosecute perpetrators, and prevent impunity.
"We will not surrender to sectarian law. We will not give up our lives, our rights, or our dreams."
Background
H.K.G. revealed through a formal complaint in 2020 that she was forced to marry a 29-year-old man through a religious ceremony in 2022, when she was 6 year old. H.K.G., is the daughter of Yusuf Ziya Gümüşel, founder of the Hiranur Foundation and a prominent figure in the İsmailağa sect, a politically influential Islamic community.
An investigation was opened in Nov 2020, after H.K.G. filed a complaint.
The investigationwas first revealed in the media in Dec 2022. The article included parts of the woman's statement to the prosecutors and the transcript of her conversations with Kadir İ., the man whom she married, which she had secretly recorded. According to the transcript, the man admits to having intercourse with H.K.G. when she was a minor but denies it was rape.
Later, photographs of H.K.G. in a wedding dress and together with Kadir İ. were also revealed.
H.K.G. gave two more statements to the prosecutors, with the latest one in Jun 2023. Accordingly, the prosecutors completed the investigation and a case was filed. H.K.G. told the prosecutors that she had secretly bought a mobile phone and shared her experiences with a woman she had met over the Wattpad application. The woman advised her to seek help from the state, which she did.
Releasing a video following the initial reports, H.K.G.'s brother and two sisters denied her allegations that she had been forced to marry Kadir İ. at the age of six. They claimed she had married him when she was 18.
According to the indictment in a previous investigation, H.K.G. went to the hospital in 2012, when she was 16, due to irregular periods.
Because she was a minor and there was a suspicion of pregnancy, doctors informed the police about the situation. The family claimed that she was older.
After an investigation was opened, the prosecutor ordered H.K.G.'s bone age to be determined. H.K.G. went to the Haydarpaşa Numune Hospital with Mehmet Emin M., a member of the İsmailağa sect.
However, samples were taken from a 21-year-old woman instead of H.K.G., and the investigation was dropped.
After H.K.G.'s complaint in 2020, an investigation for forgery of official documents was launched, but it was also dropped due to the statute of limitations.
After public outrage, the investigation that had been dragging on for two years progressed. The father and ex-husband of H.K.G., were arrested in late 2022.
The trial concluded in Oct 2023 when Yusuf Ziya Gümüşel was sentenced to 19 years and 9 months and Kadir İ. was sentenced to 30 years in prison.
(VK)
