The European Court of Human Rights (ECtHR) has asked the Turkish government to give its statement on the deadly attacks by the army during the curfew in the Kurdish district of Cizre, in Şırnak province, in the winter of 2015/2016. The case concerns in particular the deaths of 137 people who were trapped in the basements of three different buildings and died in brutal circumstances.

In a statement issued on May 22, the Court requested detailed answers to a series of key questions regarding the possible violation of Article 2 of the European Convention on Human Rights—the right to life.

War against the Kurdish population

During the 79-day curfew in Cizre between December 2015 and February 2016, the Turkish army waged a full-scale war against the Kurdish population.

The district, which at the time had a population of 115,000, was bombed daily from the air and on the ground. The military fired on entire neighborhoods, destroyed telephone, electricity, and water supplies, and trapped thousands of people.

On February 7, 2016, 137 people were killed in three basements where they had sought shelter. Numerous victims, including politicians, journalists, artists, activists, and children, were burned to death when the military stormed the buildings, poured gasoline into the basements filled with people and bombarded the targets; or died from lack of medical assistance for previous injuries. Some bodies are still missing today. International organizations such as the UN High Commissioner for Human Rights spoke at the time of “apocalyptic conditions.”

Legal proceedings and legal developments

After the ECtHR dismissed an initial complaint in 2019 as inadmissible on the grounds that domestic legal remedies had not been exhausted, the lawyers representing the individuals concerned filed another complaint in Strasbourg following an unsuccessful constitutional appeal in Ankara.

Now, in a new step, the ECtHR has asked the Turkish government to submit a comprehensive statement. Human rights lawyer Ramazan Demir said: “The Cizre files are back on the ECtHR's agenda. Following the Turkish Constitutional Court's negative ruling, the ECtHR has resumed its examination.”

Questions from the ECtHR

The ECtHR's list of questions includes:

▪ the responsibility of the security forces for the deaths of those trapped,

▪ the conduct of state authorities toward the wounded,

▪ possible failure to provide assistance,

▪ the effectiveness of the investigations carried out,

▪ whether state authorities acted appropriately and independently in investigating the circumstances surrounding the deaths.

The Court examined particularly critically whether state authorities deliberately prevented rescue operations and whether the death of individuals by burning constitutes a direct responsibility of the state.

Criticism of the investigation and legal proceedings

Human rights organizations and relatives of the victims have been criticizing the lack of clarification for years and documenting systematic refusals to investigate. In many cases, proceedings were dropped on the grounds that the victims were alleged members of the PKK—without any independent investigation into the circumstances of their deaths.

In addition, the residential area where the basements were located was cleared after the military siege, the buildings were destroyed and later replaced by housing complexes built by the state housing corporation TOKI.

What now?

The Turkish government now has the opportunity to respond to the questions raised by the Court. The outcome of the proceedings could have far-reaching implications for the assessment of military operations in civilian residential areas and, beyond that, raise fundamental questions about how states deal with human rights obligations.