by halil » Thu Dec 18, 2008 1:56 pm
Lawyer calls for Truth Commisssion on missing to provide relatives with closure
By Stefanos Evripidou
‘There are 45 truth commissions in the world. We are not inventing the wheel here’
HUMAN RIGHTS lawyer Achilleas Demetriades yesterday called for urgent action to locate the missing persons of Cyprus and avoid losing another generation of relatives who “died in sorrow”.
Speaking at the University of Nicosia on establishing a Cyprus Truth Commission for the Missing Persons, Demetriades said a speedy resolution to the problem had to be found as people were dying without knowing the fate of their loved ones or the circumstances of their death.
“Most parents of the missing are dead. We have failed the parents. They died in sorrow,” he said.
The lawyer called for a sense of urgency to tackle the problem and provide some closure to the spouses, brothers, sisters and children of the missing.
“It’s a dilemma. We’ve lost one generation. Are we going to lose another?”
Demetriades argued that the work of the Committee on Missing Persons in Cyprus (CMP) would soon dry up, and no more burial sites would be found.
There are currently 1,995 people listed as missing in Cyprus (502 Turkish Cypriots and 1493 Greek Cypriots), who disappeared either during the intercommunal fighting in the 1960s or the 1974 Turkish invasion.
Despite 27 years in operation, the CMP only started to make inroads the last two years, during which 453 exhumations were carried out. From those, 105 of the missing have been identified, counting for around one fifth of the total.
However, the CMP’s mandate is restricted to finding and identifying the remains, not establishing cause of death.
“I think the CMP will run out of burial sites. Now, they’ve identified nearly 25 per cent of those missing. Let’s say they can only reach 50 per cent. What next? What is Plan B?” asked Demetriades.
The lawyer said the families of the missing had been let down over decades, referring to a news article in yesterday’s press which reported that more graves of “unknown soldiers” had been discovered in Nicosia.
“This is unacceptable. I cannot understand why they have not been dug up and the remains identified. You can talk about the Turks but what are we doing about these graves?”
In 1999, a burial site was discovered in a Lakatamia cemetery, where the National Guard had “dumped” a number of Greek Cypriots lost during the 1974 invasion in unmarked graves. Many still had identifiable items on them, like rings, watches or crosses. No one bothered to mention this or inform the families that missing people were buried there until 25 years later when exhumations began at the site.
“The families are devastated. They are dignified people who won’t go smashing up the House of Representatives like potato farmers. They placed their confidence in the government, which has failed them,” he added.
The case of Varnava vs. Turkey at the European Court of Human Rights clarified that failure by a state to account for the location of people last seen in their control amounted to inhuman treatment or torture.
This notion of a personal violation against the next of kin is currently being used by both Greek Cypriot and Turkish Cypriot relatives of the missing against the Republic of Cyprus for failing to carry out an effective investigation. There are also cases launched against Turkey to find out the fate of loved ones or even if that has been established, the circumstances surrounding their death.
“Pain is uniform it does not discriminate. States have done wrong against the people, and they want some sort of justice. This is not divided on ethnic grounds.”
The human rights advocate called for the setting up of a Truth Commission to finally discover what happened to the missing. Apart from providing real closure to the families, it will also help the CMP locate all the missing, he argued.
The idea is to set up a truth commission, or redefine the CMP, and call on perpetrators of crimes to give details of what they did and where, showing remorse in the process. In return for the truth, they will be given immunity from criminal prosecution.
Demetriades suggested the commission didn’t have to be bicommunal in structure. “We could set up a mono-communal commission, and maybe the Turkish Cypriots would do the same,” he said.
“There are 45 truth commissions in the world. We are not inventing the wheel here.”
He acknowledged that truth for immunity might not be the most appropriate solution for Cyprus but highlighted the need for some semblance of public debate on the issue after decades in the dark.
“I don’t have patience anymore with those who say ‘don’t rock the boat’. I can’t find any other way to get this country moving,” he said.