Family of BÖG (United Forces of Freedom) Commander Aziz Güler has applied to the European Court of Human Rights (ECHR) as his body is still denied access into Turkey since he lost his life in Rojava on September 21.
Family of BÖG (United Forces of Freedom) Commander Aziz Güler has applied to the European Court of Human Rights (ECHR) as his body is still denied access into Turkey since he lost his life in Rojava, West Kurdistan, on September 21.
Lawyer Sinan Varlık, who filed the application to ECHR on behalf of Güler family in accordance with the Article 39 of European Convention on Human Rights, spoke to ANF about the judicial process.
Varlık said he has applied to ECHR to demand cautionary judgment, enable the delivery of Güler's body into Turkey and disallow this injustice by the Turkish state.
Lawyer Varlık stated that they regarded this denial by the Turkish state as not a judicial but a political imposition related with lack of humanity.
Recalling that Suruç district governor had rejected the application of Güler family last month in line with a decision of the Council of Ministers which -he noted- didn't allow the transfer into Turkey of bodies of any fighters fallen in Rojava. He remarked that this decision had no legal ground at all.
Varlık said Governor of Suruç had also mentioned a political instruction rather than a legal obstacle for the denial of permission to the delivery of the bodies from Rojava to Turkey.
He added that the Constitutional Court of Turkey has also rejected their demand without putting forward any reason justifying their decision, but only highlighting an argument that the denial didn't abuse the moral and material unity of the family.
"We actually knew that our demand and application to receive Aziz Gğler's body would be rejected. A political mindset that bombs cemeteries and drags people's dead bodies through streets cannot be expected to allow the delivery of dead bodies into Turkey anyway. This decision hasn't surprised us at all", he explained.
Stressing that this unlawful practice by the Turkish state was a violation of the Articles 3, 8, 13 and 14 of the European Convention on Human Rights, the lawyer said they felt hopeful and would apply back to the Governorate of Suruç after receiving a favorable answer from ECHR.
Varlık added that the Turkish state started to create obstacles to the passage of bodies from Rojava into Turkey after June 7 elections, but has strictly denied permission since August 15.
