The father standing trial for sexual abuse should be arrested ‘again’

"No to child abuse"

Click to read the article in Turkish

After the eldest one of seven siblings filed a criminal complaint against father E.D., saying that the man was sexually abusing them, E.D. was arrested in Doğubayazıt in Turkey's eastern province of Ağrı on November 25, 2017. However, after two years and a half, while the trial was still ongoing, E.D. was released pending trial on December 19, 2019.

Both the attorneys and the family members, fearing for their lives, demand that E.D. be arrested again.

In ruling for his release in December 2019, the court referred to "the long period that the defendant had spent behind bars" and his presumed "inability to exert pressure on witnesses any longer." However, according to the attorneys, there are several pieces of evidence suggesting "strong criminal evidence" and, thereby, requiring the continued arrest of the father.

As underlined by the attorneys, E.D. is standing trial on charges of "sexual abuse and sexual assault" against his five children, not all seven, as per the Articles 102 and 103 of the Turkish Penal Code (TCK).

In fact, the investigation was launched on the suspicion that all seven children of E.D. were subjected to his sexual abuse. The other two children, who testified together with their five other siblings aged 20, 18, 16, 13 and 10, talked about what they went through.

The man was released on probation. However, on the stated ground that he had to be treated for his health problems in İstanbul, the judicial control measures have also been lifted. The children moved to another city in two days. The wife of the perpetrator had been aggrieved as well: She was forced to marry when she was only 13 years old and she had been subjected to violence for many times when they were married.

The attorneys of the case Sena Yazıbağlı, Çağla Deniz Felamur Baylan, Mehmet Baran Selanik, Fertan Ertekin and Perihan Çağrışım Kayadelen want the public to know the impunity in the case.

Having complained about the sexual abuse of the father, eldest sibling E. and attorney Sena Yazıbağlı have spoken to bianet:

Eldest sister E. speaks out

I decided to file a lawsuit when my sister did not have power to stand. It had been two and a half years since everything (sexual harassment) started. I took the exam that year and sent my siblings as boarders to other places so that they would be away from home.

Afterwards, I started to search for an attorney. I was left on the street in Ankara and İstanbul at times in those days. Sena Yazıbağlı said, "We want to work with you for the case as a volunteer." It was the best day of my life. I deposed for hours, because they gave a break as I had difficulties in speaking. Then, on that day, they said, 'You are not alone any more.' Since that day, we have been indeed not alone.

Another city

We went to our hometown together and a lawsuit was filed. My whole family started to live in another city in two days. The residents of the neighborhood did not allow us to take even a needle from the house.

But, again, our attorneys and the people who solidarized with us helped us build a house. The process was, of course, difficult.

Hearings

Especially the court process was very weary for all of us. It was the most difficult of all when we were forced by the police to go to the hearing by an order. They forced my younger siblings and, of course, all of us to see the perpetrator after a long time.

The questions were very humiliating. Our attorneys intervened each time. The perpetrator was released on probation after some time. Then, the probation has been lifted as well. We only want justice.

Attorney Sena Yazıbağlı tells

The offense charged is the sexual abuse of children. It is alleged that a father abused his seven children. We know that the two children, who were allegedly not subjected to the abuse of the father, had been indeed abused. At this point, we - of course - know that we need to consider the term of abuse in a wider frame. It is actually what the law tells us.

'Security'

The eldest sister got in contact with us, in strict confidence. She told us that she had gone to several places, but she was rejected for different reasons.

One of the most important reasons for rejection was that the family was the member of a tribe and they might be subjected to security problems.

Moreover, she was told that she had to file a criminal complaint in the place where the crime was committed. She could have done it, but considering that it was a small place, it was also highly likely that the moment she filed a complaint against the father, the investigation file would not have been followed transparently and faced pressure by the family.

'We are free'

After eldest sister E. told us about what happened, we directly went to Ağrı with our criminal complaint and spoke to the prosecutor in person. The prosecutor immediately called the law enforcement commander and said that an operation had to be launched.

The children were simultaneously taken from their schools and the house was raided. The defendant was taken into custody. The children were brought to the police station. We experienced such moments there that we cannot possibly forget them for the rest of our careers. Some children greeted us in tears, saying "We are freed."

Keeping watch

While we were at the station and the depositions of children were taken at the same time, we understood that all children had been abused in some way and tried to protect and watch out for each other all the time.

For instance, as the defendant did some acts such as opening the door of the bathroom all of a sudden and enter, we know that, in an attempt to protect them, the eldest sister kept watch in front of the bathroom while her younger siblings were taking a bath.

TCK 102-103

All of these are in the file. These are all horrible allegations. At the end of the day, when the deposition of the defendant was taken, he was arrested and kept behind bars for 2.5 years. He was put on trial as per the Articles 102 and 103 of the Turkish Penal Code (TCK).

What are they? They are sexual abuse of the child and offense of sexual assault. The defendant faces charges as per these two articles as some of the children were below 18 and some of them were over.

His release is objectionable

It is something that needs to be considered by the law, by judges. There is an ongoing threat. There is still a protection order on the family and their address is confidential. While the Family Court gives such a ruling for the mother and children, the Heavy Penal Court has ruled for the defendant's release, which is very unfortunate.

Threat by relatives

The relatives also threaten family as well as me as the attorney. For instance, as there were threats targeting me in person at court, we would indicate that we did not have life safety and law enforcement would come.

Afterwards, we requested that the file be moved to another place and it was moved to Elazığ. However, the family of the defendant kept on coming to Elazığ in large groups. The ruling of the court was release on probation.

Supervised release

He was released on the condition that he gave signatures three times a week and did not leave Ağrı. However, last month, in June, on the ground that the defendant had health problems and had to go to İstanbul for treatment, the judicial control measures have been lifted as well.

This incident needs to be heard about. The fact that the rates of divorce in a region or province are low does not necessarily mean that women live there all happily. Most of the time, it shows that they have difficulties in accessing their legal rights and they are facing pressures in that regard. (TY/APA/SD)