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regarding case
against Turkey at European Court of Human Rights in
November 2008
The European
Commission of Human Rights has examined the
issue of the missing persons of the Turkish invasion
and found (in 1976, 1983 and 1999) that Turkey violated
fundamental articles of the European Convention on
Human Rights. On 8 September 1999, the European
Commission established that article 2 of the
Convention, referring to the right to life, was
violated. It had also concluded, unanimously, that
there has been a continuing violation of the right to
liberty and security because Turkey did not carry out
an effective investigation into the fate of missing
Greek Cypriot persons. The Commission further concluded
unanimously that Turkey had violated the human rights
of the relatives of the missing persons.
On 10 May 2001, the European Court of
Human Rights ruled that Turkey had violated the
right to life and the right to personal freedom of the
missing persons. Turkey was found guilty of
persistently denying an adequate investigation into the
fate of missing persons, in respect of whom there was
an arguable claim that they were in Turkish custody at
the time of their disappearance. Ankara was also found
guilty of violating the rights of the relatives of
missing persons because of her failure to inform them
about the fate of their loved ones.
The United Nations has
adopted six resolutions for the missing persons of
Cyprus, asking for the early resolution of this
problem. It has also set up the Missing Persons
Committee (CMP) to investigate the fate of missing
persons.
Global Support to the work of the CMP The countries
which have so far contributed funds for the work of the
CMP: Cyprus (including Turkish Cypriots), Australia,
Ireland, Greece, UK, Netherlands, Belgium, Turkey,
Spain, Germany, US. European Commission is so far the
biggest contributor with 1.5m euros in 2008 and a
commitment for a further 2 million euros in
2009.
In October 1994, the US Senate unanimously adopted an
Act for the ascertainment of the fate of five US
citizens missing since the Turkish invasion. In the
investigation that followed the remains of one US
citizen’s were discovered in January 1998 in the
occupied part of Cyprus. His remains were sent to the
US for DNA testing, identification and the return of
his body to his family for burial. The other four
US-citizens are still missing.
Proposal by Amnesty
International (AI) concerning the Cypriot Missing
Persons
In August 1996, Amnesty International
submitted to the United Nations a proposal to establish
an effective commission of inquiry to investigate
disappearances, missing persons, and deliberate and
arbitrary killings in Cyprus. Furthermore, AI
recommended that the parties participating in this
commission should ensure that those responsible for
these crimes are brought to justice, and that the
victims or relatives are fairly and adequately
compensated.