To the attention of Committee of Ministers of the Council of Europe
European Court of Human Rights (ECtHR) has already given the decisions of interim measures regarding the Turkish Government in responsibility of right to life and the right to protect the physical integrity of the applicants in its judgements of Paksoy v. Turkey, Tunç v. Turkey, Altun v. Turkey where the lawyers lodged the applications relying on the States acts in breach of protecting right to life and supplying medical care to injured civilians within the scope of the proceeding curfews. In its decision on interim measure to the Altun v Turkey Court indicated to the Government to carry out its duty until 02 February 2016.
ECtHR gave a decision on interim measure on 18 January 2016 in the application of Hüseyin Paksoy and where the date of death is again 18 Januaty 2016. Despite the Courts decision of 19 January 2016 on interim measure in the application of Altun v. Turkey, Serhat Altun died on 20 January 2016 with a reason of not being provided any medical care. Likewise in the application of Orhan Tunç the Court gave its decision on interim measure on 19 January 2016 yet he hasnt been provided any medical care, and still there isnt any information whether he is still alive or not.
In order to meet the requirement of the execution of ECtHRs decisions on interim measures of the applications of Tunç and Altun, relying on the Cizre District Governors statement of permission, the deputy of Peoples Democratic Party, Faysal Sarıyıldız along with co-mayors and civilians tried to reach the injured ones where also Orhan Tunç was believed to be present. They were all raked and were exposed to artillery shooting by the military officials of the Government. It has been reported that at least twio civilians were killed and over ten people were heavily wounded.
In this context, Turkish Governments inaction of execution of three decisions on interim measure mentioned above, is violating the ECtHRs judgement and article 34 of Convention.
Considering the mandate of the Committee, to supervise the execution of judgements of ECtHR, we urge you to determine promptly whether Turkish Government is discharging its responsibility within the scope of interim measures. Moreover we have to ask the committee to take a fact finding visit in order to investigate the essence of execution of decisions on interim measures with an aim of supervising the object in a site survey. Considering the suspension of all human rights underlined in the Convention, the increase of systematic violations rising each passing day, the Committees responsibility has also arisen.
Meral Danış Beştaş
HDP Vice co-Chair and Adana Deputy
January 20, 2016