*Kurdish
Kids Get Justice from European Court, Says Rights Group
May 21,2002
One World
London-based rights campaigners Tuesday welcomed a European court judgment
requiring Turkey to pay compensation to a family of Kurdish orphans whose
parents and a sibling were killed in front of them by armed men.
The Kurdish Human Rights Project (KHRP) said that last week's ruling
by the European Court of Human Rights that the Turkish government should
pay US$160,000 in damages to the 10 surviving members of the Onen family
was a "major victory."
"It is a victory not just for the children, but for the entire Kurdish
community," said Sally Eberhardt, a spokeswoman for KHRP, which has been
strongly critical of Turkey's treatment of its Kurdish community, which
makes up 12 percent of the population.
The European Court ruled last Tuesday that two articles of a regional
human rights treaty had been violated when armed men, who were initially
identified as Turkish soldiers, raided the Onen's family home, in southeastern
Turkey, and killed Ibrahim and Mome Onen and their son, Orhan Onen.
The victims of the 1993 attack were deprived of the right to life and
the right to an effective remedy, guaranteed under Articles 2 and 13 of
the European Convention on Human Rights, the Strasbourg-based court found.
While the Turkish government denied responsibility for the attack, saying
that members of the rebel Kurdistan Workers' Party (PKK) were behind the
killings, the court rejected that claim. However, it ruled that there was
insufficient evidence to prove the assailants were government soldiers.
Judicial authorities held a series of fact-finding hearings in Turkey's
capital Ankara during 1998, five years after the case was first filed in
September, 1993. They concluded that the government's version of the attack
was "unsubstantiated and contradicted by substantial evidence."
The court also uncovered a number of "grave deficiencies" with the police
investigation into the case--which was conducted without photographs of
the crime scene or recordings of eye-witness statements--and ruled that
it was "undisputed" that the deaths were the result of a premeditated plan
to kill Orhan Onen. The motive behind the killings was not established.
The ruling comes at the end of a nine-year battle waged on behalf of
one of the Onen daughters, Semse Onen, by lawyers working with KHRP, which
campaigns for the rights of Kurdish populations living in Turkey, Iraq,
Iran, Syria, and the former Soviet Union.
According to KHRP, over 30,000 Kurdish people have been killed since
1984 when the PKK began an armed insurgency against the government for
increased self-determination in the southeast of the country. |