At its Human Rights meeting on 15 to 17 September, the Committee of Ministers ended its supervision of the execution of the Opuz v. Turkey judgment, where the Court found a violation as the authorities had failed to protect the applicant and his mother from domestic violence, despite having been reasonably informed of the real and imminent risks and threats. The European Court also found that the failure to protect the women was discriminatory on grounds of gender, criticising the lack of sufficient deterrent and protective effects in the criminal law system stemming from a degree of tolerance of domestic violence by the authorities.
To address the shortcomings identified by the Court, the authorities adopted a broad range of general measures. With the legislative amendments adopted in 2021 and 2022, new offences were introduced, penalties for the existing ones were increased, and the use of mitigating factors was restricted. Furthermore, National Action Plans to Combat Violence against Women were issued to provide a framework for the ongoing framework for evaluation and improvement of the legal and institutional responses.
In addition to these measures, the Committee noted with satisfaction the continued commitment of authorities, demonstrated by increased numbers of ŞÖNİMs (Violence Prevention and Monitoring Centers) and guesthouses for victims, expanded personnel, the nationwide roll-out of electronic monitoring bracelets, and the development of AI-integrated risk assessment tools.
The Committee of Ministers welcomed these measures and decided to close its supervision of the Opuz case recalling that the question of individual measures has been resolved, as the applicant is no longer considered to be at risk from her former husband, in light of the latest risk assessment and the absence of any complaints.
At the same time, the Committee of Ministers will continue the examination of the M.G. v. Turkey case where measures are still required to ensure that the reforms produce sustained, positive, and systemic effects; including that the criminal justice system provides an effective, prompt, and comprehensive response to domestic violence; that impunity is prevented and feminicide continues to decrease systematically; and that robust monitoring is effected, particularly regarding the execution and impact of sentences and preventive and protective orders.
