缔约国称，虽然眼前的案件非常不幸，但也不能无视必须根据据称行为人的个人自由和公平审判的权利对拘留进行权衡的这一事实。
The State party asserts that, although the present case is an extremely tragic one, the fact that detention must be weighed against an alleged perpetrator's right to personal freedom and a fair trial cannot be overlooked.
缔约国提到了欧洲人权法院判例法，即：无论何种情况，剥夺人的自由只能作为一种最后手段，且只有在不与措施的目的不相称的情况下才能实施。
Reference is made to the case law of the European Court of Human Rights that depriving a person of his or her freedom is, in any event, ultima ratio and may be imposed only if and insofar as this is not disproportionate to the purpose of the measure.
缔约国还称，如要排除所有危险，发生家庭暴力时就需要作为预防措施发出拘留令。
The State party also contends that, were all sources of danger to be excluded, detention would need to be ordered in situations of domestic violence as a preventive measure.
这就会将举证责任反置，并与无罪推定的原则和获得公平听讯的权利发生很大的抵触。
This would reverse the burden of proof and be in strong contradiction with the principles of the presumption of innocence and the right to a fair hearing.
一怀疑有家庭暴力发生，即通过对男子实行自动逮捕、拘留、预断和惩罚对妇女进行保护，这种积极的区别对待是不能令人接受的，也违背法治和基本权利。
Protecting women through positive discrimination by, for example, automatically arresting, detaining, prejudging and punishing men as soon as there is suspicion of domestic violence, would be unacceptable and contrary to the rule of law and fundamental rights.
8.14 缔约国认为，在对Fatma Yildirim的丈夫提出控告时，检察官和调查法官面对的是报称的威胁后没有接着发生暴力这样一种情况。
8.14 The State party submits that, when charges were brought against the husband of Fatma Yildirim, the Public Prosecutor and the investigating judge were faced with a situation where the reported threat was not followed by physical force.
根据调查法官所掌握的情况，临时禁止令足以能够对Fatma Yildirim实行保护。
On the basis of the information available to the investigating judge, an interim injunction appeared sufficient to protect Fatma Yildirim.
此外，缔约国还提出，Irfan Yildirim在社会上有立脚安身之处，且没有犯罪记录。
Furthermore, the State party submits that Irfan Yildirim was socially integrated and did not have a criminal record.
缔约国称，Irfan Yildirim如被拘留，其基本权利（例如无罪推定、私人和家庭生活、个人自由的权利）都会直接受到侵犯。
It asserts that Irfan Yildirim's basic rights (such as the presumption of innocence, private and family life, right to personal freedom) would have been directly violated had he been detained.
8.15 缔约国认为，来文人原本随时都可根据《检察官法》第37条就检察官的行为提出申诉。
8.15 The State party maintains that it would have been possible for the author to file a complaint at any time against the Public Prosecutor for his/her conduct pursuant to section 37 of the Public Prosecutors Act.
8.16 缔约国称，该国旨在制止家庭暴力的全面措施制度d 并没有歧视妇女，而来文人相反的指控没有事实根据。
8.16 The State party asserts that its system of comprehensive measuresd aimed at combating domestic violence does not discriminate against women and the authors' allegations to the contrary are unsubstantiated.
回头看（在有了更全面的信息后），那些看来不适当的决定并非依此理由的歧视性。
Decisions, which appear to be inappropriate in retrospect (when more comprehensive information is available) — are not discriminatory eo ipso.
缔约国认为，该国遵守了根据《公约》承担的立法和执行的义务，对Fatma Yildirim没有实行任何《公约》意义内的明显歧视。
The State party maintains that it complies with its obligations under the Convention concerning legislation and implementation and that there has been no discernable discrimination within the meaning of the Convention against Fatma Yildirim.
8.17 鉴于上述，缔约国请委员会拒绝接受此份来文，裁定其不可受理，或者以明显站不住脚为由拒绝接受，或者认为《公约》赋予Fatma Yildirim的权利没有受到侵犯。
8.17 In the light of the above, the State party asks the Committee to reject the present communication as inadmissible; in eventu, to reject it for being manifestly ill founded and, in eventu, to hold that the rights of Fatma Yildirim under the Convention have not been violated.
来文人就缔约国关于要求复审可受理性的请求和关于实质问题的资料提出的评论
Authors' comments on the State party's request for a review of admissibility and submission on the merits
9.1 来文人在2006年11月30日来文中称，受害人子女或来文人都不打算要求宪法法院复审法定条款，这是一项会被认为是不可受理的附带请求。
9.1 By their submission of 30 November 2006, the authors argue that neither the victim's child nor the authors intended to have statutory provisions reviewed by the Constitutional Court — a motion that would be deemed inadmissible.
他们没有资格向宪法法院提出此种诉讼。
They would have lacked standing to bring such an action before the Constitutional Court.
来文人注意到，来文的重点是没有适用法律条款，而并不是这些条款应予修改或废止。
The authors note that the main focus of the communication is that legal provisions were not applied — not that those provisions should be amended or repealed.
此外，来文人称，他们所提关于改进现有法律和执法措施的建议根本不可能通过宪法申诉的手段实现。
Furthermore, the authors claim that their suggestions for improvements to the existing laws and enforcement measures could never be realized by means of a constitutional complaint.
因此，不应将提出宪法申诉视为《任择议定书》第4条第1款目的的国内补救办法。
Therefore, bringing a constitutional complaint should not be regarded as a domestic remedy for purposes of article 4, paragraph 1 of the Optional Protocol.
9.2 来文人指出，缔约国提到了Fatma Yildirim被谋杀多年后生效的法律条款的修订。
9.2 The authors point out that the State party referred to amendments of legal provisions that entered into force years after the murder of Fatma Yildirim.
9.3 来文人称，缔约国没有对当局和官员的失职承担责任。
9.3 The authors argue that the State party has not taken responsibility for the failures of the authorities and officers.
缔约国坚持认为，由于Irfan Yildirim没有犯罪记录以及在社会上有立脚安身之处，若逮捕并将其拘禁，便过分侵犯了他的权利。
The State party remains of the view that it would have been a disproportionate violation of Irfan Yildirim's rights to arrest and detain him because he had no criminal record and was socially integrated.
来文人称，缔约国本应对Irfan Yildirim会变得多危险作出全面的评估，并顾及他曾多次进行过威胁和攻击。
The authors assert that the State party should have conducted a comprehensive assessment of how dangerous Irfan Yildirim would become and considered the numerous threats and attacks that he had made.