by christos1 » Sun Mar 08, 2009 6:23 pm
TURKEY is guilty of violating the human rights of nine people missing since the 1974 invasion, and those of their relatives, according to the European Court of Human Rights (ECHR).
In its report published yesterday the ECHR decided six to one that there had been a continuing violation of the right to life in Article 2 because of Turkey’s failure to conduct an effective investigation aimed at clarifying the whereabouts and fate of the nine men who went missing in 1974.
Evidence supplied by the applicants and by the Cyprus government clearly showed that all nine had been last seen in Turkish custody and had not just disappeared.
Turkey had disputed the fact that the men were taken into custody but this was not accepted by six members of the court given the evidence it was presented with.
The sole dissenting opinion was filed by Turkish Cypriot judge Gonul Basaran Eronen who was representing Turkey on the ECHR panel. Eronen claimed that considering the lapse of time from 1974 to the date of the application in 1990, the “more logical presumption of death”, not the “illogical presumption of being alive”, should have been adopted by the Court.
The Court also ruled that Turkey had violated Article 3 of the Convention by subjecting the relatives of the nine men, eight national guardsmen and one civilian, to “inhuman or degrading treatment or punishment.”
“The silence of the authorities of the respondent state (Turkey) in the face of the real concerns of the second applicants, relatives of the nine missing men, attains a level of severity which can only be categorised as inhuman treatment within the meaning of Article 3,” said the ruling.
Lawyers for the applicants said yesterday the decision was extremely important both in terms of its implications for investigations into the missing persons, and also politically for Turkey.
“For me the most important part of the decision is that Turkey’s position that the missing were dead was rejected,” said Achilleas Demetriades. He also said it was important that the ECHR had ruled that the UN-backed Committee for Missing Persons (CMP) was not powerful enough to carry out the type of investigations necessary to adequately get to the bottom of individual cases.
“Whatever its humanitarian usefulness, the CMP does not provide procedures sufficient to meet the standard of an effective investigation required by Article 2 of the Convention, especially in view of the narrow scope of that body’s investigations,” the ECHR ruling said.
“There have been no developments, legal or factual, which change this assessment.”
The second lawyer for the families, Kypros Chrysostomides said what was also important was that even though the remains of one of the nine men, civilian Savvas Hadjipanteli, had been exhumed and identified last summer, it did not impact negatively on the case.
“While it is true that the remains of Savvas Hadjipanteli have recently been discovered, this does not demonstrate that the CMP has been able to take any meaningful investigative steps beyond the belated location and identification of remains,” the Court’s ruling said.
“Nor, given the location of Savvas Hadjipanteli’s remains in an area under TRNC control after a lapse of some thirty-two years, has this event displaced the respondent Government’s (Turkey’s) accountability for the investigative process during the intervening period.”
The ECHR did not accept any of the claims for damages, saying the amounts claimed were very high and even though the financial claims were designed to push Turkey to act, there was no precedent for such an ongoing, indefinite and prospective award.
Turkey plans to appeal the decision. It has three months to file.