Abstract:

The death penalty is the deprivation of the right to life of a person who has committed a crime by the power of the state authority. Since the beginning of human history, this punishment has often been practiced by the state to ensure the continuation of public order. In the history of Turkey, it is seen that the death penalty was practiced in every period on the same grounds. This punishment was continued to be practiced during the Republican era. In Turkey, the practice of death penalty especially during the periods of military interventions have been widely discussed. However, no serious studies have been conducted regarding the death sentences given to female prisoners. The goal of this study is to examine the processes of sentencing to death of 15 female prisoners, which started with Fatmana, the daughter of Hüseyin in 1931 and ended with Kadriye Partici in 1971. What processes did the death sentences given to women, which began with a local court decision and ended with a parliamentary decision, go through? How did lawmakers react to these death sentences? Answers to these questions have been sought in this study. As a result of the study, it was concluded that the practice of this punishment for women was not socially accepted, even if the death penalty was included in the criminal law. As a result of the study it was seen that, the judge resisted to sentence Fatmana (daughter of Hüseyin) to death, the executioner in Malatya prison refused to perform the execution of Emine (Hanım) Kuzu, and the executioner Kara Ali, who have executed hundreds of people, was emotionally affected by the execution of Vecahet (Emine) Altın. From this point of view, it can be said that the practitioners have conscientiousness in applying this penalty to women, even if there is a death penalty in the law.

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