ECtHR Judgement on Cizre Basements: Constitutional Court Ruling to be Awaited

Announcing its verdict regarding the death of Orhan Tunç, who was killed in operations during the period of curfews in Cizre three years ago, the ECtHR has found the application “inadmissible” on the ground that “all domestic remedies have not been exhausted.”

Haluk Kalafat

ECtHR Judgement on Cizre Basements: Constitutional Court Ruling to be Awaited

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The European Court of Human Rİghts (ECtHR) has pronounced its judgement on Orhan Tunç, one of the 189 people from Cizre, Şırnak who lost their lives in the operations launched in the region three years ago.

Announcing its verdict on Tunç, who died in the basement where he took refuge after being wounded, the ECtHR has found the application "inadmissible" since "all domestic remedies have not been exhausted."

In its judgement, the court has underlined that there were "special circumstances of the case and the period"; however, it has added that those circumstances "did not exempt them from the requirement to make use of remedy of an individual application to the Constitutional Court."

Comment by attorney Benan Molu

Speaking to bianet about the judgement of the ECtHR, Benan Molu, one of the attorneys following the case, has stated, "The court has openly stated that an effective investigation has not been conducted into the death of Orhan Tunç and the process of an administrative suit is not an effective way."

Regarding the related part of the judgement, Molu has said, "We are aware of the allegations of applicants and international organizations; however, at this point, we cannot disregard it."

"Remedies not exhausted"

Referring to the Article 131 of the ECtHR judgement, Molu has specifically emphasized that the legal process regarding the violation of rights committed during curfews in Cizre has not been exhausted yet.

The Article 131 of the judgement is as follows:

"The above findings do not prevent the applicants from lodging a new application before the Court in the event of any subsequent developments that may cast doubt on the effectiveness of the remedy of an individual application to the Constitutional Court, for example if the examination of their applications by that court is unduly prolonged, or if the Constitutional Court fails to examine their complaints in a manner that satisfies the requirements of Article 2 of the Convention."

Reminding that there are two case files regarding Orhan Tunç awaiting the judgement from the Constitutional Court, Molu has stated,

"The remedies have not been exhausted. The ECtHR says the following: If the Constitutional Court does not announce its ruling on the related cases or gives a ruling that would contradict the established legal precedents, another application can be made to the ECtHR."

36 cases awaiting ECtHR judgement

Orhan Tunç was one of the 189 people who lost their lives in the basements in Cizre, Şırnak. His brother Mehmet Tunç appealed to the ECtHR. He was represented by attorney Ramazan Demir, who is also a member of the İstanbul Bar Association. Mehmet Tunç made the application in the name of his brother Orhan Tunç. His father Ahmet Tunç and partner Güler Yerbasan also appealed to the court separately.

On February 11, 2016, an application was made to the ECtHR for 20 people, including Orhan Tunç. 36 applications in total have been submitted to the ECtHR regarding the rights violations during the curfews.

What happened in Cizre?

While the curfew declared in the district of Cizre in Turkey's southeastern province of Şırnak on December 14, 2015 was still in effect, Minister of Interior of the time Efkan Ala announced on February 11, 2016 that the operations of blockade were ended.

However, the curfew in Cizre was rearranged in a way to be in force at nights as of March 2, 2016 and entry to/ exit from the district was prohibited until March 2, 2016.

After the curfew was lifted in the neighborhoods of Cudi and Sur in Cizre, 177 dead bodies, 25 of which belonged to children, were found in the wreckages and debris of mainly 3 buildings and the houses in their vicinity.

While the 103 of the deceased could be identified, 74 people were put to rest without being identified. The total number of the dead has been announced as 189.

According to the report of the Peoples' Democratic Party (HDP), almost all of the dead bodies were beyond recognition because they were either burned or decomposed.

The remnants of human bones and military ammunition were found in the basements. Forensic Experts also found remnants of human bones of children in the basements.

(HK/SD)

Haluk Kalafat

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