Let's protect the complainant, friends!

We cannot protect women against male violence. We cannot stop men from committing violence either. The complaint of a woman who has been subjected to violence remains unanswered. It is blocked. It falters. The man who resorts to violence cannot be caught. The man cannot be punished. It just doesn't work. But at the very least, can't we protect the complainant? Women already struggle to file a complaint. If only we could at least protect these few brave and, in some cases, lucky women... Is it too much to ask? We can still do something. How, you ask? Let me explain. 

We open the Criminal Procedure Code No. 5271. Article 170. The Public Prosecutor must prepare an indictment against the suspect. The indictment must include the "identity of the deceased, victim, or the person harmed by the crime" and the "identity of the complainant." Although the legislator has included a necessary note for the informant: "The identity of the person providing the tip may be kept confidential if there is no harm in doing so." The identity of the informant can be kept secret. But it is truly difficult to keep the identity of the victim or the complainant secret. After all, the man who resorts to violence knows who he is committing violence against, right? Actually, that is not the case. Are there not those who commit violence, molest, harass, or rape people they do not know on the street, at work, or at school? Of course there are. When you disclose the identity of the complainant, you are doing a favor to the man prone to violence, molestation, harassment, and rape.

In the modern understanding of law, a person must know what they are accused of and how they are accused. But is it right to give the attacker the name of the person they are desperately trying to find out? With thousands of men going to such lengths just to learn a woman's identity, her first and last name, is there any point in making this easier in the name of "modern legal understanding"? Let the Public Prosecutor substantiate the criminal charge, gather solid evidence, and prepare the indictment, but there is no need to expose the complainant's personal information. You might say that the complainant could actually be a slanderer and that we should not restrict the ability of the person who wants to take action against this slanderer. Very well! In that case, the attacker who wants to file a slander charge can have the necessary information added to the file through the Public Prosecutor. The solution to this is quite easy. 

DURING THE INVESTIGATION STAGE 

How and when can an attacker learn the identity or address of the complainant that they do not actually know? First of all, the initial problem is during the investigation stage. That is, before the indictment has even been prepared. In our legal system, the confidentiality of the investigation is essential. Therefore, even the complainant cannot learn at what stage the file is or what the Public Prosecutor has reached. However, in practice, when the suspect's statement is taken by law enforcement, law enforcement may not be able to properly conceal this information. Therefore, primarily due to various instances of negligence during the investigation stage, the suspect can learn who has filed a complaint against them, and if the negligence amounts to outright carelessness, they can even learn the complainant's address. 

DURING THE PROSECUTION STAGE

The second stage where an attacker can learn the complainant's identity is the prosecution stage. That is, the indictment has been prepared, the file has been submitted to the court, and the suspect can view the file together with their lawyer. It is at this stage that, because the Public Prosecutor discloses the complainant's identity in accordance with Article 170 of the Criminal Procedure Code, the complainant has no chance of remaining hidden. Moreover, sometimes the complainant's address can also be seen. 

The solution to this is not very difficult. The esteemed members of the Grand National Assembly of Turkey (TBMM), women's organizations, and all NGOs that defend the law and the rule of law can focus on this issue and quickly prepare a legislative proposal. Let us not abandon either the modern understanding of law or the protection of the complainant, and most of the time, women. It is possible to protect legal security and the safety of the complainant at the same time!