He will serve his house arrest in the home designated for his spouse, who is in the process of divorce.

22.05.2025 18:01

A striking decision was made in a divorce and domestic violence case seen in Diyarbakır. The man who inflicted violence on his wife was sentenced to house arrest. However, it was ruled that he would serve his house arrest in the home designated for him to live with his wife and daughter. Following this decision, the young woman moved in with her family along with her daughter.

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Seda E. wanted to divorce H.E., with whom she has been married for about 7 years, in Diyarbakır. During the divorce process, the court allocated the house they lived in for Seda E. to live with her daughter. On May 13, Seda E. filed a complaint, alleging that her husband H.E. had assaulted her.

HE WILL SPEND HIS HOUSE ARREST IN THE HOUSE ALLOCATED TO HIS WIFE, WHOM HE ASSAULTED DURING THE DIVORCE PROCESS

Following the complaint made by Seda E., who received a medical report of assault, her husband H.E. and her father-in-law C.E. were taken into custody. H.E. and C.E. were brought before the Peace Criminal Court, which issued a restraining order and a house arrest sentence. The house arrest decision for H.E. stated that he would spend it in the house allocated to Seda E. and her daughter. After the decision, Seda E. began living with her family along with her daughter.

"HIT LIKE THERE IS A MAN IN FRONT OF YOU"

İrem İlhan, a member of the Diyarbakır Bar Association Women's Rights Center Executive Board and Seda E.'s lawyer, stated that C.E. also assisted his son, saying, "My client’s father-in-law C.E., his mother-in-law, and his wife H.E., who is in the process of divorce, forcibly enter my client’s house. Then they start to assault my client without any hesitation. My client has countless bruises on her body. My client tries to escape; she has downloaded the KADES application on her phone. While trying to press the help button in the KADES application, her father-in-law pulls the phone from her hand. The mother and father of the perpetrator also prevent my client from pressing the KADES button and notifying her neighbors. My client tries to shout to make her voice heard. They continue to assault her afterward. My client is systematically subjected to assault. First with punches, then after my client is warned by the perpetrator's father, the perpetrator continues to assault my client after saying, 'Hit like there is a man in front of you' while taking off his belt. Later, neighbors call the police upon hearing my client’s screams. At the same time, the perpetrator's family, uncles, etc., are wandering around the site so that they can inform the perpetrator when the police arrive. With the arrival of the police, those below inform the perpetrator and his family, and before the police arrive, H.E. and his family leave the house. They leave my client in the house, beaten and unconscious," she said.

"HOUSE ARREST DECISION WAS GIVEN TO THE PERPETRATOR IN THE HOUSE ALLOCATED TO MY CLIENT"

İlhan stated that the Peace Criminal Court decided that H.E. would spend his house arrest in the house allocated to Seda E. and her daughter during the divorce process. "My client then applied to our center. Because she was extremely scared and worried that she would face something worse. We obtained a medical report of assault. We also went to the Forensic Medicine Institute, and a definitive report is being prepared right now. In other words, a report is being prepared that cannot be contested. A report is being prepared regarding countless indistinct areas on her body. We are also waiting for the report. After we filed a complaint, the perpetrator was taken into custody. He stayed in custody for one night. He was then referred to the prosecutor. After seeing the assault report, the prosecutor referred him to the Peace Criminal Court with a request for arrest. The Peace Criminal Court released the perpetrator and his father. Despite what the perpetrator did, a restraining order and house arrest sentence were given. The decision we call a disaster emerged at this point; the house arrest decision given to the perpetrator is the same as the address where my client was assaulted. In other words, my client is officially forced to live with the perpetrator in the house where she was assaulted by him with this decision. This situation is being evaluated without examination, and a house arrest sentence is given to the perpetrator in the house where my client was assaulted, where my client lives with her daughter. A house arrest sentence was given to the perpetrator, but no electronic bracelet was attached. In fact, it is questionable how this house arrest decision can be evaluated and controlled when no electronic bracelet is attached. In other words, it cannot be controlled in any way. In fact, the perpetrator continued his routine life a few days later as if nothing had happened," she said.

"NO ELECTRONIC BRACELET WAS ATTACHED"

İlhan expressed that she had to advise her client to 'be careful, do not go out alone,' saying, "While the perpetrator should be restricted, my client is being restricted. We will appeal this terrible decision given by the Peace Criminal Court. For that, we are waiting for the report we obtained from the Forensic Medicine Institute. We will have the report in a few days. Because we believe and argue that the perpetrator should receive a heavier, more appropriate punishment. We have also communicated with the ministry lawyers. They supported us and requested our demands. I told the ministry lawyers that the perpetrator was sentenced to house arrest but did not have an electronic bracelet, and that is why he continued his daily routine life. They also stated that they would expedite this process and write a letter for the provision of an electronic bracelet. For this, we went with my client yesterday and wrote a petition. Because even though a very simple punishment is given, it is not being implemented. At least we want this to be implemented. If the punishment for the crime were applied as it should be, we would not face such situations. And if an appropriate and deterrent punishment is applied to the perpetrator, he would not gain courage from this situation again. No one would be emboldened by this policy of impunity, and we would also prevent violence against women and murders. We stand by every woman who has been victimized in her struggle for rights and we are supporters until the end."