Courts in common law countries often accept evidence of battered woman syndrome as grounds to decrease or dismiss criminal liability for women who kill abusive partners.
The following three articles of the Turkish Criminal Code may enable the "battered woman syndrome" to be applicable in Turkey:[13]
- Article 27 of the Turkish Criminal Code states that the offender will not be subject to a penalty, if the limits were exceeded in the course of legitimate defense as a result of excitement, fear or agitation and can be regarded as excusable.
- Article 28 of the Turkish Criminal Code states that no penalty will be imposed upon a person who commits a criminal offense as a result of intolerable or inevitable violence, or serious menace or gross threat. In such cases, the person involved in the use of force, violence, menace or threat will be deemed to be the offender.
- Article 29 of the Turkish Criminal Code states that any person who commits an offense in a state of anger or severe distress caused by an unjust act will be sentenced to a penalty of imprisonment for a term of 18 to 24 years where the offense committed requires a penalty of aggravated life imprisonment and to a penalty of imprisonment for a term of 12 to 18 years where the offense committed requires a penalty of life imprisonment. Otherwise, the penalty to be imposed will be reduced by one-quarter to three-quarters.
Lawyers can easily argue that a traumatized woman exceeded the limits of self-defense due to her mental and physical conditions, and she committed the crime in question out of an excusable fear due to post-traumatic stress disorder, as well as the intense and continuous violence.
Women who have used their legitimate right of self-defense have difficulty benefiting from reduced sentences or pardons in Turkey, although it is often documented that the very same women had applied for police protection. Çilem Doğan's case sets an example on this issue, where Doğan was sentenced to an aggravated life sentence on charges of involuntary manslaughter, but the sentence was later reduced to 18 years for unjust provocation and then 15 years for her good conduct during the trial. It remains to be seen whether this will set a precedent in similar cases.[14] Doğan was released on bail; the defense's appeal is currently pending before the appeal court.The Law on Foreigners and International Protection defines persons who have been subjected to torture, sexual assault or other serious psychological, physical or sexual violence, as persons with special needs. In line with Article 67 of the Law on Foreigners and International Protection, sufficient medical treatment must be provided to victims of torture, sexual assault and other serious psychological, physical or sexual violence, for recovery from the damage caused by such actions.
In addition, Article 34/6 of the Law on Foreigners and International Protection regulates that in the event of a divorce, foreigners married to Turkish citizens may be granted a short-term residence permit provided that he or she has held a family residence permit for at least three years. However, in the event that the foreign spouse has been a victim of domestic violence, as proved by the relevant court judgment, the condition for holding a family residence permit for three years may not be sought.According to Article 95 of the Law on Foreigners and International Protection, accommodation of persons with special needs must be prioritized in reception and accommodation centers.
According to Municipal Law No. 5393, municipalities with a population of more than 100,000 have to open shelters.According to Article 182 of the Turkish Civil Code, child custody is decided upon after testimony from the parents. The judge will also decide after receiving the opinion of the guardian and the guardianship authority, if the child is under guardianship. According to the Turkish Civil Code, the judge has discretionary power and the judge will decide to grant custody to a spouse after considering and determining the best interests of the child, with health, education and moral welfare. The spouse that is not granted custody has to contribute to the expenses of raising the child in proportion to his/her means.
If one of the spouses filed for divorce, the judge may give one of the spouses temporary custody for the duration of the trial, taking into account the age, needs and interests of the child. If the decision of the judge on temporary custody does not change and the divorce decision becomes final, the right of custody becomes permanent.
In practice, the courts usually give custody of the children to the mother, especially the custody of children who have not reached primary school age unless there is an important condition that prevents the mother from taking care of the child (severe and persistent illness, disability, etc.). The party who gets custody, on the other hand, has the right to request alimony for the child.The judge will consider the testimony of the other spouse as per Article 182 of the Turkish Civil Code.
The Law does not require that children's testimony be taken when determining custody. However, the recent Supreme Court Assembly of Civil Chambers decision dated 2018, sets a new precedent that children over the age of eight can express themselves in custody cases and that the judge should ask the children for their opinion in custody cases.[17]Landlord and tenant rights and obligations are specified in the Turkish Code of Obligations No. 6098.[18]