Today, we are here to ask the whereabouts and fate of our beloved ones, who were exposed to enforced disappearance, and to call the perpetrators to account for their crimes.
Just like in Nazi Germany, Argentina, Guatemala, Chile, and recently in Sri Lanka and Iraq, states have been using forced disappearance systematically. In Turkey, various violations have been committed by the state and state-sponsored organisations for the past 35 years, mainly caused by the war and intensive armed conflict. These violations contain enforced disappearance under custody, extrajudicial killings, and mass graves.
According to the International Convention for the Protection of All Persons from Enforced Disappearance article 5, “The widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and shall attract the consequences provided for under such applicable international law”. It is very clearly stated in the international law and Turkish National Penal Code that lawsuits against crimes against human rights are not subject to statute of limitations. State Parties are responsible for taking necessary precautions in order to prevent enforced disappearance crime in the territory under their jurisdiction. However, Turkey avoids facing these crimes and suffering and refuses to sign the Convention.
Although disappearances in detention have been so common and systematic, effective investigations have not been carried on, most were set back for ages, and were closed on account of statute of limitations. Some of the details and the documents within the indictments revealed important facts and data related to the crimes committed by the state and/or state-sponsored groups or organisations. However, some of the practices, for example long-lasting proceedings, convicts released pending trial, the cases transferred to remote cities, have indicated that the aim of the state was not to punish the criminal but to conduct a show trial. They have presented systematic impunity for perpetrators as well as they have managed those disappearances systematically.
Enforced disappearance, which started with 1915 Armenian Genocide, is a reality Turkey has to face. Nowhere in this land may true justice be found unless Turkey confronts the reality of mothers who have been trying to find the bones of their disappeared children murdered by unidentified assailants.
Therefore, as human rights defenders, we would like to state that the only way to build permanent peace in this country is by confronting its past. The Government must do its part in order to investigate those unsolved matters thoroughly and must resolve the fate of the disappeared and find the perpetrators, which would at least alleviate the mothers’ pains partly.
In many cities such as Istanbul, Diyarbakır, Batman, Cizre, İzmir, Yüksekova, the relatives of the disappeared have been on a sit-in strike. They have been continuing non-stop, for example, 634th week in İstanbul and 432nd week in Diyarbakır in succession. But for “security reasons” and pursuant to the state of emergency, democratic events and demonstrations have been banned by the Governors, which put a barrier against the relatives, who want to make their voice public. In the end, the call on the demand for justice is caged indoors instead of being free in the streets and squares.
Diyarbakır Governorate has banned all open-air demonstrations and events on 16 Agust 2016 until further notice. Hence, the sit-in strikes that have been held nonstop for weeks had to be done inside the HRA office. All the applications made by the HRA and relatives of the disappeared were dismissed. Unfortunately, the event, which was held at Right to Life Monument in Koşuyolu Park for years, has to be conducted in the HRA Diyarbakır Branch building.
The relatives of the disappeared have not stepped back come rain or shine and persistently kept seeking justice. They are determined to keep going. We would like to call on human rights defenders, NGOs, and everyone conscientious to take part in our efforts in search of justice. Thereby, we invite everyone to HRA Diyarbakır Branch office at 12.00 on Saturday to be in solidarity with the relatives of the disappeared people.
We, the human rights defenders, would like to restate:
* First of all, the fate of the disappeared must be uncovered and the Government must make public the archives in order the perpetrators to be discovered.
* Searching the disappeared and opening the graves must be conducted according to The Minnesota Protocol on the Investigation of Potentially Unlawful Death and other international law, and using heavy construction machines and damaging the remains of the deceased must be prevented.
* We call on the Government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance and act accordingly.
* We call on the members of jurisdiction to abstain from systematic impunity policy and conduct effective investigation according to international documents which have ruled enforced disappearance as a crime against humanity, and to ignore statute limitations.
*In order not to experience similar suffering, truth must be brought out, and a “Truth and Reconciliation Commission” must be established in order to bring permanent peace and tranquillity.
DIYARBAKIR BAR ASSOCIATION
DIYARBAKIR MEDICAL CHAMBERS
HUMAN RIGHTS ASSOCIATION, DIYARBAKIR BRANCH-İHD
HUMAN RIGHTS FOUNDATION OF TURKEY-DIYARBAKIR OFFICE- TİHV
DİYARBAKIR INITIATIVE for RIGHTS