Parents often demanding guardians for their relatives who have mental disabilities of any kind, due to prevalent cases of abuse. In practice, guardians are appointed for persons with both 40% and 90% mental disabilities. In addition, the Law on the Judges and Prosecutors (No: 2802) creates an obstacle for persons with disabilities to exist fully in the judicial system. According to the legal provisions, people with disabilities cannot become judges or prosecutors. When persons with disabilities are subject to discriminatory treatment by public officials while performing their administrative actions; a permission must be obtained from the governors before an investigation is opened. The authorization mechanism, which is under the authority of the governorships, is mostly used to protect public officials. The refusal of permission for investigation is an important barrier to the access to justice for persons with disabilities. The Law on the Trials of Civil Servants and Other Public Officials (No: 4483) which subjects the investigation to an authorization, is an arrangement that in some cases acts as a barrier for access to justice and leads to the impunity for discrimination. In the legal provisions concerning mediation and reconciliation, which are new practices in Turkey’s domestic legal system, and is now a mandatory application pathway in business disputes; also lacks differentiated methods for persons with disabilities and personalized support arrangements in the reconciliation process. In a very simple approach, the mediator, who brings together the employer and employee together, is not required to choose an accessible venue. Interviews are conducted at the mediator’s office. In Turkey, in cases about women and girls with mental disabilities frequently end up with the judgment: “Victim had given consent.” The most recent example of these decisions is from 2018. In the case of S.S, who was sexually assaulted by 5 men; the Court acquitted all 5 defendants on the grounds that the victim did not shout at the time of the incident. 9 Long and ineffective trial processes stands as a barrier in access to justice and right to a fair trial. AMER has been involved in a case of a kidnapped and murdered 17-year-old girl with mental disabilities, Emine Bakan, and her case is still ongoing since 2013. The 12th hearing was held on 31 January 2019 and the next trial will be on September. One of the five defendants was released based on the long detention period at the last hearing. 9 http://www.hurriyet.com.tr/yazarlar/ayse-arman/gerekce-bagirsaydi-cinsel-saldiri-olacakti-ama-bagirmamis40773832 16

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