In Gebze, near İstanbul, Ç.Ç. gave a beating to his five month pregnant wife for not conceiving a son. According to the information Bianet received, Ç.Ç., who took his wife to a doctor to determine the sex of the baby and then beat up her, was released after his initial questioning at the public prosecutor.
“The prosecutor should send the case to the Family Court”
Nazan Moroğlu, the lawyer whom Bianet interviewed, says that every member of the judiciary should start the process that concentrates on protecting the woman when the woman has been subjected to physical violence or there is such a risk.
Furthermore, says Moroğlu, in such cases the prosecutor can file a law suit according to the new Penal Code (TCK) and should send the case to the Family Court immediately. However, as she points out, the implementation is the exact opposite of this: “They can actually arrest the husband for applying violence. But usually they take their statements in accordance with the new Penal Code and release them.”
According to the new Penal Code, penalty increases when violence is against a pregnant woman.
“The Family Court can immediately decide for a restraining order”
Moroğlu says that in these cases the Family Court can immediately decide for the removal of the husband from the house up to six months. But, again when the implementation is observed, she points out to family courts that set the hearing date about three months after the incident.
According to the Law 4320 About Protecting Family, the Family Court judges can decide for the necessary measures on their own, when they are informed by the individuals who have been subjected to violence or by the Public Prosecutor. (TK/EZÖ/TB)
*Aktan Uslu made a contribution to this news item.
