Serap Avci's marriage to Yasin lasted seven years, during which the woman was subjected to constant physical and psychological violence. That is why she repeatedly wanted to get a divorce, but every mention of this intention invariably provoked new threats and new violence, writes the German "Tageszeitung".
One night in April 2024, the man came home visibly drunk and drugged and attacked Serap while she was sleeping: he hit her violently and threatened to throw her over the balcony of their twelfth-floor apartment. Numerous bruises, marks from the balcony railing and other injuries on the woman's body and around her eyes testify to the violence. In order to defend herself, Serap grabbed a knife and stabbed him, and Yasin later died from his wounds. She was arrested that night, and the prosecutor charged her with premeditated murder.
How Turkish Justice Treats Violence Against Women
Her trial was monitored by representatives of the movement “Feminists for Serap“, who held a banner outside the courthouse that read: “Serap is in custody because she survived“. “There are many women who are following this trial - because it is also about their own safety,” said lawyer Gületer Aktepe in her closing argument. And indeed: for many in the courtroom, the real question is not what sentence the accused will receive, but how the Turkish judicial system treats violence against women, the "Tageszeitung" points out.
The verdict itself was handed down in early December: the court did not acquit Serap Avci. According to it, she had exceeded the permissible limits of self-defense. However, the court took into account the fact that she acted in a state of strong excitement, fear and panic and ultimately did not impose a penalty on her.
From a legal point of view, however, this decision differs significantly from an acquittal: the act remains considered illegal, but due to the special circumstances it remains unpunished. However, Avci was released from pre-trial detention, the publication writes.
Gap between law and reality
For the defense, the case is a textbook example of the gap that gapes between law and reality. Self-defense is clearly regulated in Turkish criminal law. “The problem is not the law, but that it is almost never valid for women“, says lawyer Aktepe. In cases of domestic violence, only the specific act is often considered, and the long-standing history of violence is ignored, the lawyer adds.
“Violence does not occur suddenly. It accumulates over time“, says psychologist Leyla Soydinç from the women's rights organization Mor Çatı. For her, the Serap Avci case is a typical example of domestic violence, in which control, threats and assaults have accumulated over years. It is especially dangerous when it comes to a possible separation. "The biggest danger is not during the relationship itself, but when the woman decides to leave," says Soydinç. This is often perceived by the abuser as a loss of control, she adds.
Added to this is the fact that victims' complaints and state restraining orders do not offer any real protection to women. Soydinç also says that in situations of violence, fear is not an overreaction, but a completely realistic assessment. And decisions like Serap Avci's can only be understood in the context of violence, threats and the feeling that you are not reliably protected, the psychologist adds.
Turkey leaves the Istanbul Convention
Turkey has become the first and so far only Council of Europe country to withdraw from the Istanbul Convention for the Protection of Women. "When a country leaves an international protection agreement, the perception of responsibility changes - victims lose trust in the state that it can protect them, and perpetrators feel emboldened," Soydinç said, quoted by the Tagesspiegel.
Turkish journalist Evrim Köpenek says it is not important what laws exist, but whether violence is actually prosecuted. Her comment comes in response to assurances from the authorities and President Recep Tayyip Erdogan himself that the state continues to follow a zero-tolerance policy for violence against women, as stipulated in Turkish law.
The protection measures provided for in it, such as restraining orders and forced evictions from shared homes, are often not enforced at all or monitored. According to Leyla Soydinç, the result is a constant state of uncertainty for those affected.
The Council of Europe has been criticizing the lack of adequate protection and care for victims of violence for years. In some cities, municipal women's shelters have been closed, the German publication points out. And women's rights initiatives such as “Mor Çatı“ speak of a lack of sufficient funding, which effectively weakens protection.
Violence is reproduced
“If there are no clear consequences after the use of violence, it is reproduced“ - these words of journalist Evrim Köpenek perhaps best describe how Turkey treats violence against women, points out “Tageszeitung”.. Long trials, exclusion of context and mitigating circumstances for the perpetrators relativize violence and shift responsibility. In this way, impunity becomes systemic, she says. "Men's anger is often seen as justified, while women's fear is exaggerated," she told the Tagesspietung.
Serap Avci's case is not an isolated one. More and more cases have recently emerged of women who killed their partners after years of violence and were then forced to answer for their actions in court. The names of Necibe Yolcu, Çilem Dogan and Yasemin Çakal have become symbols of a justice system that often questions women's right to self-defense while ignoring the violence that preceded it. If such cases are ever heard of, it is thanks to public and media pressure. But many Turkish women who are victims of violence cannot count on public attention at all, says the Tagesspietung.