Failure of the authorities to protect women from domestic violence

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Opuz v. Turkey (Application no. 33401/02)

Briefed on: November 28, 2022

Photo: Motortion

This group of cases concerns the failure of the authorities to protect women (the applicants or their female relatives) from domestic violence, despite having been reasonably informed of the real and imminent risks and threats (Articles 2 and 3). In the cases of Opuz, M.G. and Halime Kılıç, the Court also found that the failure to protect the women was discriminatory on grounds of gender (violation of Article 14 in conjunction with Articles 2 and 3).

Mor Cati Women’s shelter Foundation has been actively involved in the process of the execution of the judgment and has submitted rule 9.2 communications on several occasions.

The organization sets out list of recommendations for Committee of Ministers to call on authorities, including:

  • Re-become a party to Istanbul Convention.

  • Ensure that bad practices by public officials are sanctioned.

  • Facilitate for women the right to file complaints also with the police stations in their own neighborhoods rather than making mandatory referrals to specialised units such as the Bureaus of Combatting Domestic Violence and Violence Against Women.  

  • Take measures to ensure that investigative procedural steps are completed within 6 months to maximum 1 year, including by taking the statement of the suspect at the investigation stage and collecting evidence or conducting an inquiry within a reasonable time if the suspect cannot be reached