Curfews Brought Before ECtHR

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Meral Danış Bektaş, Co-Chair in charge for Law and Human Rights, and Adana MP of Peoples’ Democratic Party (HDP) has made an application to the European Court of Human Rights (ECtHR).

In the application, it has been pointed out to the violation of citizens’ fundamental rights such as the right to life in particular and the rights to freedom, health, travel, communication, religion and education.

The judgement of the court has been demanded on basis of violation of European Convention on Human Rights (ECHR) with respect to its Article 2 protecting the right to life, Article 3 prohibiting torture and inhuman or degrading treatment or punishment, Article 5 protecting the right to liberty and security and Article 13 providing the right for an effective remedy before national authorities.

122 civilians have been killed in curfews

Danış Bektaş’s application petition has included following information:

“Between August 16 - December 21, curfews have been declared in 18 districts resided by 1,299,061 residents according to the 2014 census in seven provinces, for 54 times for an indefinite period of time and all day long; the longest curfew has lasted 21 days.

“The curfews have lasted 230 days in total and 122 citizens have lost their lives.

“The civilians have mostly been killed by bullets hitting their houses or during their struggle to transport their wounded relatives to hospitals carrying white flags.

At the moment, the curfews are still ongoing in Cizre and Silopi districts of Şırnak province, Nusaybin and Dargeçit districts of Mardin province and Sur district of Diyarbakır.

Killed while going to ambulance with white flags

In the application the following has been given as examples to violation of human rights:

* During curfews in Cizre, 50 civilians in total have been massacred including ill persons who died due to not being taken to hospital such as a 35-day old baby, a mother of seven children, and others between the ages of 60 and 80.

* Again in Cizre, eight months pregnant Güler Yamalak has been shot in her belly and severely injured in front of her house door during fire opened by security forces on December 20, Sunday.

* Three-month old Miray İnce among the above mentioned 50 civilians, has been hit by a bullet in her aunt’s lap. Also her 80-year old grandfather who wanted to bring her to the hospital has been shot to death while trying to get to the ambulance carrying a white flag.

* Though the vast number of deaths during curfews, people are being forced to preserve the dead bodies of their relatives at their houses as it is also prohibited to put away and bury the bodies. The dead body of 13-year old Cemile Cağıraga as such has been kept in a deep freeze for a long period of time.

* The representatives’ request for an ambulance from Silvan State Hospital to transport Yakup Sinbağ who had been brought to a blockade-free-area with a severe injury on November 9 had been declined. The police stated that the ambulance could offer services provided that the HDP Committee would bring the injured person to a place near the police building. Severely injured Sinbağ lost his life while being transported to the police building in a funeral vehicle by the HDP Committee.

* In most of the neighbourhoods power, water and telephone networks were cut off, needs for nutrition and water could not be met, people could not get any health and education services.

* During curfews, also elementary and high school education had been interrupted which constitutes a total violation of school-age children’s and youth’s right to education.

The Constitutional Court had rejected

Meral Danış Bektaş had also made an application to the Constitutional Court of Turkey on December 15 on the grounds that the curfews constitute human rights violations, yet the court had rejected her appeal on December 22.

The court had justified its decision of rejection pointing out to a previous decision of its issued on similar case ruling that “The curfew declared by Şırnak Governorship in order to maintain public order, provide security of life and property of people can not be considered ungrounded”.

The court has also asserted that Meral Danış Bektaş did not suffer any individual damage due to the curfew. (AS/DG)