ECHR Convicts Turkey For Disappearance Under Custody

The European Court European Courts of Human Rights (ECHR) has issued a ruling regarding about the applications of the families of six villagers who were taken into custody in Görümlü (Bespin) District of Silopi on the 14th of June 1993 and never seen or heard again.

Turkey was found guilty of violating Article 2 of European Declaration of Human Rights (EDHR) concerning right of life and not being able to conduct active investigation.

Each of the families of Şemdin Cülaz, Hamdo Şimşek, Hükmet Şimşek, İbrahim Akıl, Mehmet Sailh Demirhan and Halit Özdemir, who were lost under custody, will receive 65,000 euros as non-pecuniary damages and 5,000 euros for pecuniary damages.

After the custody of six villagers, the searching efforts and legal attempts of families have produced no response; a digging took place twenty years later where villagers were thought to be buried. A lawsuit was filed against gendarmery including ranking soldiers for killing villagers.

Lawsuit after 20 years

A lawsuit was filed against officers including Şırnak 23rd Gendarmery Border Division Commander General Mete Sayar at the time, regarding the killing of six villagers by soldiers after being taken into custody in Görümlü (Bespin) District of Silopi on the 14th of June 1993.

The first hearing of case were done on the 5th of November 2013. After the first hearing, with the decision of Justice Minister, the case was moved to Ankara due to “security reasons”.

In the indictment regarding the loss (under custody) of Halit Özdemir, Hamdo Şimşek, Hükmet Şimşek, İbrahim Akıl, Mehmet Salih Demirhan and Şemdin Cülaz, it is stated that a raid took place on 13 people and 6 died including children in villages at Görümlü District. The house of villagers were also burned.

Killed villagers were buried somewhere unknown. The bodies are still missing.

They dismissed the case, saying “they joined PKK”

Authorities dismissed the investigation, saying that “they joined PKK”.

In the case, General Mete Sayar, Görümlü 1st Mobilized Marine Battalion Commander retired Colonel Hasan Basri Vural, 3rd Division Team Commander First Lieutenant İbrahim Kıraç, Captain Murat Ali Yıldız, Kayseri 1st Commando Brigade Commander Lieutenant Serdar Tekin and 2nd Commando Battalion Commander Tansel Erok await trial.

Defendants are facing “aggravated" life sentence for “multiple murder” according to Turkish Penal Code (TCK) Article 450/5 Paragraph 765.

None of them are arrested.

They detained 7, only 1 returned

The following statement was read during the Saturday Mothers/People’s gathering: 

“They put the Bible to his pocket and the Cross to his neck, which were brought from the homes of Hikmet Şimşek and Hamdi Şimşek of Qeldani families. ‘Look, your imam became Christian, how could you pray behind a Christian?’ they said. Then they took seven people and then brought them to Battalion. Approximately an hour later, the gunshots were heard from the Battalion.”

“Abdurrahman Kayek is released late afternoon. He was skinned and his nails were pulled. He never spoke. He left the village the same night. The families started to get deeply worried. They immediately went to Battalion, inquiring the whereabouts of their relatives to Division Commander Mete Sayar.”

“Division Commander Mete Sayar said: ‘Go! Your village is Armenian, your imam is Armenian. Do not ask again or you will share the same fate.’, sending them afterwards. They filed a petition for Prosecutor. Prosecutor said: ‘Yes, they were taken into custody the same day, questioned, taken to mountain board.’ Six people were never heard again.”

Gendarmery Battalion Command’s yard in Silopi was dug on a rumor of mass grave and bones were found on the vicinity.  Bones are currently at research in Forensics Institute. (AS/BAR/BM)

* Click here to read the article in Turkish.