Mustafa Goekce was, therefore, charged only with the offence of causing bodily harm.
Şahide Goekce did not authorize the Austrian authorities to prosecute Mustafa Goekce for threatening her life.
In the documentation supporting the order, the police officer in charge of the case stated that two light red bruises were visible under Şahide Goekce’s right ear that, according to her, were from the choking.Ģ.3Under section 107, paragraph 4, of the Penal Code (Strafgesetzbuch), a threatened spouse, direct descendant, brother or sister or relative who lives in the same household of the accused must give authorization in order to prosecute the alleged offender for making a criminal dangerous threat. Şahide Goekce spent the night with a friend of hers and reported the incident to the police with the help of the Youth Welfare Office of the 15th district of Vienna the following day.Ģ.2On 3 December 1999, the police issued an expulsion and prohibition to return order against Mustafa Goekce covering the Goekce apartment, pursuant to Section 38a of the Security Police Act (Sicherheitspolizeigesetz). in the victim’s apartment at which time Mustafa Goekce choked Şahide Goekce and threatened to kill her. The facts as presented by the authorsĢ.1The first violent attack against Şahide Goekce by her husband, Mustafa Goekce, that the authors are aware of took place on 2 December 1999 at approximately 4 p.m. The Convention and its Optional Protocol entered into force for the State party on 30 April 1982 and 22 December 2000, respectively. They claim that Şahide Goekce (deceased), an Austrian national of Turkish origin and former client of the Vienna Intervention Centre against Domestic Violence, is a victim of a violation by the State party of articles 1, 2, 3 and 5 of the Convention on the Elimination of All Forms of Discrimination against Women. Having taken into account all written information made available to it by the authors of the communication and the State party,Īdopts the following: Views under article 7, paragraph 3, of the Optional Protocolġ.The authors of the communication dated 21 July 2004 with supplementary information dated 22 November and 10 December 2004, are the Vienna Intervention Centre against Domestic Violence and the Association for Women’s Access to Justice, two organizations in Vienna, Austria, that protect and support women victims of gender-based violence. 5/2005, submitted to the Committee on the Elimination of Discrimination against Women by the Vienna Intervention Centre against Domestic Violence and the Association for Women’s Access to Justice on behalf of Hakan Goekce, Handan Goekce and Guelue Goekce, descendants of Şahide Goekce (deceased) under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, Having concluded its consideration of communication No. The Committee on the Elimination of Discrimination against Women, established under article 17 of the Convention on the Elimination of All Forms of Discrimination against Women, Cees Flinterman, Ms. Naela Mohamed Gabr, Mr. * The following members of the Committee participated in the examination of the present communication: Ms. Annex Views of the Committee on the Elimination of Discrimination against Women under article 7, paragraph 3, of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (thirty-ninth session) The views are appended to the present document. On 6 August 2007 the Committee on the Elimination of Discrimination against Women adopted the annexed text as the Committee’s views under article 7, paragraph 3, of the Optional Protocol in respect of communication No. Submitted by:The Vienna Intervention Centre against Domestic Violence and the Association for Women’s Access to Justice on behalf of Hakan Goekce, Handan Goekce, and Guelue Goekce (descendants of the deceased)ĭate of communication:21 July 2004 with supplementary information dated 22 November and 10 December 2004 (initial submissions) 23 July-10 August 2007 Views Communication No.