A hearing was held at the European Court of Human Rights (ECtHR) on November 13, 2019, regarding the killing of 137 people trapped in the basements of three buildings during the curfews declared in Cizîr (Cizre) district of Şırnak between 2015 and 2016. The ECtHR later announced its decision regarding the hearing, which was held on the admissibility and merits of the case, and deemed the case “inadmissible.” The court stated in its decision that domestic remedies had not been exhausted.

 

ECtHR REQUESTED A DEFENCE

 

Following this, the lawyers applied to the Constitutional Court. Upon the rejection by the Constitutional Court, a new application was filed with the ECtHR. On May 22, the ECtHR notified that it had requested a defence from Turkey.

 

One of the lawyers on the case, Ramazan Demir, shared the following regarding the matter: “The curfew and Cizre basement files are once again on the ECtHR’s agenda. With its 2019 decision, the ECtHR had decided to wait for the Constitutional Court process. Upon the rejection by the Constitutional Court, the ECtHR has now, with its notification on May 22, requested a new defence from the government.”

 

QUESTIONS AWAITING ANSWERS

 

The ECtHR asked Turkey to respond to the following questions:

 

“*Was the right to life of the applicants’ relatives violated under Article 2 of the European Convention on Human Rights due to the use of force by state forces during military operations conducted under the curfews imposed in Cizîr?

 

*Did the authorities who planned and carried out the security operations take the necessary care to protect civilian lives? In particular, were necessary measures taken to prevent civilian deaths during the initiation and continuation of operations in areas densely populated with civilians?

 

*Did the state violate Article 2 of the Convention, which obliges it to protect life, by failing to ensure the delivery of medical aid to the wounded—particularly by preventing ambulances from reaching those trapped and injured in basements?

 

*Do the actions of state authorities, which resulted in the wounded waiting for long periods in the places they called for help and subsequently dying—and in some cases their bodies being burned—constitute direct responsibility of the state regarding the right to life?

 

*Within the procedural protection of the right to life, did the domestic investigations into the deaths in Cizîr meet the necessary criteria of effectiveness, impartiality, and transparency under Article 2 of the European Convention on Human Rights?

 

*Did the attitude of Turkish judicial authorities toward the deaths of the applicants’ relatives reveal the responsibility of state officials in the incidents? Can it be said that the state effectively implemented domestic legal regulations guaranteeing the right to life in these cases?

 

*Were the relevant investigation and judicial processes—both at the initial review stage and at the Constitutional Court stage—conducted with the necessary promptness, seriousness, and impartiality?

 

*Did the prosecutor’s offices conducting the investigation adequately use all available means to clarify the circumstances of the incident and objectively evaluate all evidence to identify those responsible?

 

*Were the investigations conducted accessible enough to protect the applicants’ legitimate interests in the events?”

 

WHAT HAD HAPPENED?

 

On February 7, 2016, while the 79 day curfew declared on December 14, 2015, in Şırnak’s Cizîr (Cizre) district was still ongoing, 137people were burned to death in the basements of three buildings where they were trapped. The United Nations (UN) High Commissioner for Human Rights described the events as a “scene from the apocalypse.”

 

SOME BODIES STILL MISSING

 

The basements, which sparked massive public outrage and where many died due to lack of medical treatment, saw 31 deaths in the first basement, 62 in the second, and 44 in the third. Among those killed were Cizre People’s Assembly Co-Chairs Mehmet Tunç and Asya Yüksel, journalist Rohat Aktaş, Democratic Regions Party (DBP) Central Council members, Mesopotamian Cultural Center (MKM) artists, members of the Free Women's Congress (KJA), numerous students, and children.

 

Some of the bodies of those who died in the basements still have not been recovered.

 

TOKI HOUSING BUILT ON TOP OF THE BASEMENTS

 

After the incident, the buildings were demolished, and new housing was constructed on the debris-filled area by the Mass Housing Administration (TOKİ).

 

Despite all efforts, many of the investigations launched into the deaths were closed with “no prosecution” decisions. In many cases, the deaths were ruled as “lawful” based on allegations of “membership in a terrorist organization.”

 

Lawyers applied to the ECtHR regarding the deaths.

 

A hearing was held by the ECtHR on November 13, 2019. The court later ruled the case “inadmissible” regarding its admissibility and merits. The ECtHR argued that domestic remedies had not been exhausted under Article 35 of the European Convention on Human Rights (ECHR).

 

The court issued its inadmissibility decision on the grounds that the Constitutional Court process had not been exhausted.

 

Following this, the lawyers applied to the Constitutional Court.