Over one and a half
thousand people have gone missing when Turkey invaded and occupied a
large part of Cyprus in 1974. This tragic
problem of a purely humanitarian nature remains
unresolved to this day because Turkey, in full
disregard of international conventions and
declarations, does not allow effective
investigations to be carried out. Persuasive
information, which could determine the fate of
missing persons, has not been revealed. Wives
and mothers of the missing, like latter day
Penelopes, have been waiting for news of their
loved ones, living life in a state of
limbo.
Military
personnel and reservists, as well as civilians,
including women and children, were captured by
the invading Turkish armed forces during July
and August of 1974, or disappeared, after the
cessation of hostilities, in areas under the
control of the Turkish army. Some were listed
as prisoners of war by the International Red
Cross, but they have not been heard of
since.
Television
footage taken by a BBC crew in Turkish jails in
Adana in September 1974 shows some persons who
have later been identified by their own
relatives as missing. Turkey is refusing to
reveal information from prisons%26rsquo;
records in order to ascertain the identity of
these people. Certain prisoners of war,
released after the invasion, have stated they
were held in prison with people who never came
back to Cyprus.
In 1981 the
Committee on Missing Persons (CMP) was
established, in compliance with relevant UN
General Assembly resolutions. The humanitarian
mandate of the Committee, which operates under
the auspices and with the participation of the
United Nations, is to investigate and determine
the fate of all the missing persons in
Cyprus.
The CMP is made
up of three members - one representative from
each side and a third member, who is designated
by the UN Secretary-General. The position of
the third member, however, has remained vacant
since the death of Ambassador Jean-Pierre
Ritter, on 17 January 2000, who was appointed
as Third Member by the UN Secretary-General on
15 June 1998.
Unfortunately,
not a single case has been solved to date,
through the work of this Committee. This
failure may be attributed to the restrictive
terms of reference of the Committee, and the
failure of those, who are either in possession
of the required information, or are in a
position to obtain it, to cooperate in the
appropriate manner. Moreover, inquiries were
limited to Cyprus alone and not to Turkey,
where as it has been decidedly proven, some of
the missing were taken after their
arrest.
This
unsatisfactory situation brought about the
intervention of the U.N Secretary-General. As a
result of this intervention, during 1995,
additional rules governing the work of the
Committee on Missing Persons were agreed upon,
and the submission of all the cases to be
investigated within the framework of the
Committee was completed. In all 1493 cases of
missing Greek Cypriots were submitted. The
Turkish side submitted for investigation 500
cases.
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.
More recently,
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.
Efforts to
overcome the stalemate concerning this
humanitarian issue resulted in an Agreement betweenPresident Glafcos Clerides and Turkish
Cypriot leader Rauf Denktash, on 31 July 1997,
to exchange information about the missing. The
two leaders agreed that the problem of the
missing persons in Cyprus "is a purely
humanitarian issue" and that "no political
exploitation should be made by either side". In
this context each side would designate a person
who would exchange information about the
missing and make the necessary arrangements for
the return of the remains of the missing
persons to their families.
The first
exchange of information took place towards the
end of January 1998. On 30 April of the same
year, the Presidential Commissioner for
Humanitarian Affairs, who represented President
Clerides in the implementation of the
Agreement, Mr Takis Christopoulos, met with the
Turkish Cypriot representative Mr Rustem Tatar,
in the presence of the UN
Secretary-General%26rsquo;s Acting Special
Representative in Cyprus, Mr Gustave Feissel,
with the ultimate aim of defining the procedure
for exhuming the remains of the unidentified
dead. Mr Christopoulos suggested that the
assistance of the Red Cross be sought, as this
organization had past experience in
exhumations, in other parts of the world, such
as in the former Yugoslavia and Rwanda. The
Turkish Cypriot side rejected this proposal and
stated clearly that it was not interested in
any exhumations thereby violating the 31 July
1997 Agreement. A further Greek Cypriot
proposal that an international team of
scientists be allowed to exhume at least the
remains of those Greek Cypriots who were buried
in the occupied area, for whom the Turkish
Cypriots themselves had given information as to
where their remains were to be found, was also
rejected by the Turkish side.
The Government
of Cyprus in the meantime, decided to proceed
with the exhumation of the remains of persons,
both military and civilians, buried in the
Lakatamia and Sts Constantine and Helen
cemeteries, in the government-controlled areas
of the island, in order to eliminate the
possibility that bodies which had been buried
haphazardly, would be counted as missing
persons.
In this respect
the Cyprus Government is cooperating with the
Physicians for Human Rights, a non-governmental
organization, which, together with another
organization, was awarded a Nobel Prize for its
humanitarian work in 1997. This organization,
chaired by professor William Haglund, had
acquired much experience in exhumations in many
places, such as Rwanda, Bosnia and Croatia. The
exhumations began in June 1999, and through DNA
testing, dozens of persons known to have died
in 1974 were identified. A small number of
these were included in the list of Greek
Cypriot missing persons as, obviously, records
were not properly kept at the time, because of
the prevailing situation.
The Turkish
Cypriot side, despite having generally adopted
a clearly negative and intransigent stand in
this purely humanitarian issue which affects
hundreds of Greek Cypriots, did cooperate with
the US Administration, in the case of one
missing person, Andreas Kasapis, a boy of Greek
descent but with US citizenship, who was 16
when he was apprehended and killed.
More
specifically, on 5 October 1994, the US Senate
unanimously adopted an Act for the
ascertainment of the fate of five US citizens
missing since the Turkish invasion. Following
this, the US President appointed Ambassador
Robert Dillon, who came to Cyprus to carry out
the necessary investigation. Andreas
Kasapis%26rsquo; grave was discovered in
January 1998 in the occupied part of Cyprus and
his remains were sent to the US for DNA
testing. After he was identified, his remains
were returned to his next of kin for a proper
burial on 22 June 1998.
The question
that begs to be asked is this: Why did the
Turkish Cypriot side agree to cooperate with
the US Government in a single solitary case,
but refuses to cooperate with the Cyprus
Government in hundreds of other cases of Greek
Cypriot missing persons%3f
Hopefully, the
case of Andreas Kasapis is just the first of
many to come. Appeals are made to all who have
evidence about the fate of any missing person
to submit it to the United Nations, the
International Committee of the Red Cross and
the Committee on Missing Persons in Nicosia for
proper evaluation and examination. In this
context the goodwill and co-operation of Turkey
is essential, necessary and overdue.
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