Get Real! wrote:turkkan wrote:That's a pretty childish response... what exactly are you implying? That it’s not possible to arrest him in the EU or that there is not enough ground to do so?
What grounds exactly will you arrest him on? Some fictional statement he made on TV? Can you actually prove any of this happened? Second, if your going to start arresting people for war crimes then it will have to be a two way street with warrants being issued against many GC's being - ofcourse that is not a priority for a country that gives amnesty to a man like nicos sampson.
The war crime is the execution of a restrained POW and the grounds for his arrest is a self-confession during a TV chat show. The connection with the crime can be made via proof of his presence on Cyprus, and details of his corps, company, and exact role along with any surviving eye-witnesses that may wish to come forward be they ex-Turkish soldiers or other surviving GC prisoners.
If some Nazi war criminals were successfully tried half a century on, I don’t see why this cannot or any other war crime conducted by either party.
A former soldier describes an action committed 34 years ago - the shooting of a prisoner of war - which was already a crime of war at the time it was committed. There is a prima facie case for taking his claim seriously - he was in the army at the time, he was serving in Cyprus at the time, he was involved in the intervention at the time, and his story bares some basic credibility - and as such a legal action can be taken against him today. It might turn out that it is some perverse bravado of an actor story-telling, but as it stands there is at minimum a basis for an investigation.
In these circumstances who could take an action ? First, there is the legal responsibility of the Turkish authorities, including the army in particular. Turkey is party to and in any case bound by the Geneva Convention and Protocols and it has the primary obligation to ensure that war crimes are not committed by its forces and, if it is suspected that such a crime has been committed, that it must investigate and prosecute as is appropriate to the case. Such an action would be subject to domestic Turkish civil and/or military law. Second, the Republic of Cyprus could take an action against the Republic of Turkey as the latter is the state under which the soldier was acting. Here the action is against the state, rather than the individual, but the individual's action is that under consideration. (It is almost impossible to entertain the thought that the Rome Statute and International Criminal Court be used since they post-date the events in question and are not retrospectively applicable). Third, the relatives of the victims could take an action, most probably under international human rights law, and most probably under EConvHR. (however, as far as I am aware, the identities of the alleged shootings/killings by Olgac are unknown. Of course should he reveal where he claimed to have shot these people then that would be the start of an investigation which might ultimately reveal the victim's identities).
In my view, a potential prosecution is certainly possible though all depends on the political will to do so.