On the night of 28 December 2011, 34 citizens of Kurdish origin (19 of them children) were bombarded and killed along the border lines by the fighter jets of Turkish Army. 4 people survived this attack. Diyarbakır Prosecutor’s Office was authorised to investigate the massacre that deeply grieved the public. In spite of the petitions by the lawyers, the court dismissed the case for lack of jurisdiction and sent to the General Staff Military Prosecutor, who made the decision of non-prosecution. Therefore, the lawyers made objection to the decision but it was dismissed another time. Thus, the file was taken to the Supreme Court. Contradicting the rules, the Constitution and the European Convention on Human Rights, the Supreme Court dismissed the case again. As domestic remedies were exhausted, the case was brought to ECHR. The process is still in progress. As is understood from the judicial process, the perpetrators were actually protected by the case being taken to military jurisdiction. The massacre, with which the right to life was explicitly abused, has not been clarified properly for the last 6 years, which damages the sense of justice and shows the systematic practices of impunity.

When looked at the recent history of Turkey, there are thousands of unsolved political murders, forced disappearances, and traumatic experiences such as Maraş, Çorum, Sivas, Digor, Güçlükonak (city/town names having witnessed mass killings), Gazi Neighbourhood, Diyarbakır Prison, 19 December Prison, none of whose perpetrators have been identified and brought to justice. We, human rights organisations and defenders, are worried that these kinds of incidents may occur again if perpetrators and their political companions are absolved in court, if the impunity caused by jurisdiction continues, and/or if justice is not secured.

For that reason, both because of an obligation brought by international conventions that secure the right to life and a necessity of contributing to the formation of social peace, we would like to call on the Government to activate mechanisms to secure justice , and to face the crimes against humanity.

In conclusion, we would like to restate our demands on this disaster:
•    An effective investigation must be started in no time; perpetrators and other responsible persons must be brought to justice and punished.
•    The ‘Truth and Reconciliation Commission’ must be established in order to solve the crimes in the recent history of Turkey.

HUMAN RIGHTS ASSOCIATION
DİYARBAKIR BRANCH