ECHR Takes Turkey to Account on Missing Persons

The European Court of Human Rights (ECHR) has decided to hear the case of Nazım Gülmez, who has been missing for 15 years.

Turkey has to answer questions on the case by 22 September.

Gülmez, then aged 61, was taken into custody with three other villagers after soldiers searched his village, Taşıtlı (Torut) in the Hozat district of Tunceli, eastern Turkey.

While the other three villagers were later released, Gülmez was not, but state officials denied any knowledge of his whereabouts.

"Was there an effective investigation?"

The questions the ECHR is asking Turkey  are:

1. Considering that Gülmez was taken into custody in 1994, and the applicants went the the Strasbourg court eleven years later, does that not mean that the state authorities must explain what happened to that individual?

2. Was the taking of Gülmez by soldiers a violation of Article 2, the rigth to life?

3. Was there an effective investigation into the disappearance of Gülmez?

4. Were the applicant aided in finding their relative? If not, was there a violation of Article 3, banning torture?

5. Did the soldiers taking Gülmez from his home keep a record? Was there a violation of Article 5, concerning the right to freedom and security?

Hüseyin Aygün, lawyer for the applicants, pointed out the importance of the ECHR decision: "With this decision, the ECHR has labelled the disappearance as a very serious crime, and because it is a continuing violation, there is no statutory limitation."

"The fate of those who disappeared in Dersim [Tunceli] in 1994 must be explained, even if it is 15 years late. The people and the public expect this. The ECHR decision draws attention to this."

Turkey has still not signed the United Nations' International Convention For The Protection of All Persons From Enforced Disappearance. (TK/AG)