Court referred to 'neighborhood' and lifted the restraining order

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The court has lifted the restraining order issued by the Police Department for the aggressors in the case related to the racist harassment and attack against the family of bianet editor Ruken Tuncel. 

The 1st Family Court of Büyükçekmece has lifted the restraining order issued by the Beylikdüzü District Police Department on the day of the incident, which prevented the assailants M.Y. and A.Y. from approaching the Tuncel family.

The court ruled that the attack was "based on neighborly relations" and therefore, the provisions of Law No. 6284 on the Protection of Family and the Prevention of Violence Against Women would not apply. It decided that every criminal investigation could not be evaluated within the scope of Law No. 6284.

In its decision, the court stated, "When all the contents of the file are evaluated together, it is alleged that there is a criminal investigation between the parties, the action is not within the scope of Law No. 6284, the action is based on neighborly relations, and furthermore, every criminal investigation cannot be evaluated within the scope of Law No. 6284, so the request should be denied."

"Law No. 6284 exists for this purpose"

The lawyer of the Tuncel family, Destina Yıldız, criticized the court's decision, stating that Law No. 6284 was specifically designed for cases like this.

Yıldız said, "The court has mentioned 'neighborly relations,' but it has made a decision that contradicts the purpose and scope of Law No. 6284. The purpose and scope of the law are very clear in this regard. It refers to women, children, family members, and individuals subjected to persistent unilateral stalking who have experienced or are at risk of experiencing violence. Violence is involved, a threatened woman is involved in this case. And the purpose of the law is to prevent this. According to the law, violence does not have to occur inside the family. The court has lifted the restraining order despite this, citing 'neighborly disputes.' We will appeal the decision."

Ruken Tuncel also commented on the situation, saying, "During the police investigation, our lawyer Destina Yıldız requested a restraining order within the scope of Law No. 6284. However, the court rejected the request by categorizing it as a 'neighborly dispute.' There is a threat with a firearm involved. It is stated that there is a firearm in the house, yet not even a search warrant is issued. On top of that, the restraining order is denied. In fact, the court's decision indicates how the investigation will be conducted. What exists is a hate crime, but they want to portray it as a neighborhood quarrel."

(HA/PE)