Melike Aydın 

 

İZMİR - The Selçuk Family Court gave the custody of N.Y.'s child at the stage of divorce to Refik Y., the perpetrator of abuse. Despite the reports and the child's statement, the court ignored the abuse.

 

In İzmir's Selçuk district, the custody of N.Y.'s child was given to the perpetrator of abuse, Refik Y., who was on the stage of divorce. Despite the child's epicrisis report, the abuse case filed against child’s father, Refik Y., resulted in non-prosecution, while the second application was hold for the Child Monitoring Center (ÇİM) report to be issued.

Our news source, who did not want to be named, informed our agency about the case.

 

Decision not to prosecute despite abuse report

 

According to the information given by the source, Refik Y. exposed N.Y., who was at the stage of divorce, to violence. N., had a restraining report about the perpetrator for one month with the assault report. During the trial opened in August 2019, it was decided to meet with the father of the children on the weekends. Upon the traces and statements that the child, who went to Refik Y. in February 2020, was abused, mother N. went to the Selçuk Chief Public Prosecutor's Office and filed a criminal complaint. Within the scope of the lawsuit filed afterwards, ÇİM report was received from Behçet Uz Children's Hospital, but the case was concluded with a decision of non-prosecution.

 

He asked for alimony back as rental fee

 

On the other hand, on December 23, 2020, when the ongoing divorce case was heard, the court board decided that the children should stay with Refik Y. on weekends, Refik Y. should pay 1000 TRY alimony, and a warning letter should be written for N. to leave the house where she was. 

However, it was stated that the perpetrator Refik Y. wanted to take back the alimony, which the court had decided to pay, as house rent from N.

 

It turned up that the child was subjected to abuse

 

After the trial, it was turned up that the child was subjected to sexual abuse the day child stayed with father, Refik Y., on December 26, 2020. It was noted that mother N. went to the hospital after seeing the marks on the child's body, gave a statement to the authorities from the Children's branch, then took the child to Behçet Uz Children's Hospital to get a report once again. Afterwards, it was stated that an investigation was initiated by the Selçuk Chief Public Prosecutor's Office and the report had not been issued yet.

 

The court did not accept the pedagogical decision

 

According to the source's report, as a result of the pressures of Refik Y., N. settled with her relatives in order to be safe. The SİR report prepared by pedagog Süleyman Çokay from Aydın with the guidance of the Selçuk Family Court was presented to the court on March 24. The report suggested that if the child's crowded family atmosphere and the mother did not allow the children to meet with the father, the custody should be taken from the mother and given to the father. Despite the results of the epicrisis with the information on the second abuse case filed by N. and the pedagogue report she submitted to the court in January, the court decided that the temporary custody be given to the perpetrator.

 

The request of N. to state that the treatment of the child is continuing and to request a report from Behçet Uz Child and Adolescent Mental Health Polyclinic was not responded by the court board. On the other hand, although the child had previously confirmed the abuse in the epicrisis report, subliminal reading, and other examinations, it was decided for nonsuit. The application to the upper court was also rejected.

 

The judge and the prosecutor in two different cases against the same persons are married

 

On the other hand, in the divorce case held in December last year, the request to write a negotiation letter for the introduction of a sexual abuse report was also rejected, while the other noteworthy issue in the file is that the prosecutor who requested non-prosecution for the first abuse case and the judge who gave the child's temporary custody to the perpetrator in the divorce case were married.

N., who does not give her children to the perpetrator, will apply to the court again if the ÇİM report she is waiting for comes out. The child's treatment continues.