Report on the Roboski massacre - PART TWO
Report on the Roboski massacre - PART TWO
We publish the second and final part of the report on Roboski massacre compiled by the human rights commission established soon after the news of the massacre by Turkish Armed Forces on 28 December. Thirty five civilians have been killed as the result of the air strike.
Official interviews made in Uludere and Þýrnak Province:
1- Þýrnak Chief Public Prosecution Office: On 30 December 2011 a fax message had been sent from MAZLUMDER General Centre and called on 02 January 2012. As a reply the office told the commission that their programme was full for two days and they could not meet with the commission.
2- Uludere District Governorate Naif Yavuz: On 30 December 2011 a fax message had been sent from MAZLUMDER General Centre and called on 02 January 2012. As a reply the governorate gave a negative reply on the grounds that the governor was attacked and has been resting in the hotel.
3-Uludere District Gendarmerie Headquarters: On 30 December 2011 a fax message had been sent from MAZLUMDER General Centre and called on 02 January 2012. As a reply they told the commission that they won’t meet with the commission.
4-Þýrnak Governorate: The members of the commission also made written application to Þýrnak Governorate as in the relations with other official institutions, with a fax message sent from the General Centre of the MAZLUMDER on 30 December 2011. Also an authorised correspondent could not be found in the Governorate when called from the MAZLUMDER’s General Centre.
Claims on the case:
There are many claims on the case. Statements by the official authorities are one of the most significant examples.
For example; the Turkish General Staff’s first official statement No: BA-33/11 on 29.12.2011 at 11: 45 as follows:
“1. The Turkish Armed Forces conducts cross-border operations within the framework of the authority given by the Turkish Grand National Assembly or TBMM on 17 October 2007. The authority in question has been renewed once in a year.
2. The Turkish Armed Forces was informed that leaders of the terrorist organization had ordered groups to retaliate for their loss in recent period and many terrorists had been sent to Sinat-Haftanin area located in cross-border as reinforcing units.
3. In the light of this information obtained through intelligence from several sources and technical analysis; it was understood that terrorist groups including some leaders came together and were in preparation for attacks against patrols, bases located in the border line. Then, relevant units were informed about that development.
4. In the light of testimonies by surrendered terrorist members; it is known that the subversive terrorist organization brought artillery and arsenal from Iraq to our territory with draught animals in previous attacks.
5. There was an increase in intelligence regarding potential attacks against our patrols and bases located in near to the border of the Northern Iraq as a result there was an increase also in reconnaissance and surveillance in the border line. In this regard, it was determined [by means of Unmanned Aerial Vehicles] that there was a terrorist group moving to the border from Iraq territory at 18.39 on 28 December 2011.
6. As the area was a route often used by terrorists and it was night time, there was a discussion that an air force operation should be launched. The operation was launched from 21.37 to 22.24 on that day.
7. The incident scene is Sinat-Haftanin (Northern Iraq) area where subversive terrorist organization’s main bases are located and no civilian settlement.
8. Administrative and judicial investigation and procedures are going on. With our best regards.”
Mr. Hüseyin Çelik’s, the Vice-President of the Justice and Development Party or AKP, first statement as follows:
“A sorrowful incident left its mark on our EC meeting today. The incident in Þýrnak [where the incident happened] was extremely sorrowful. There was an attack by air forces in the Sinat-Haftanin area. As a result, 35 citizens lost their lives. May God their souls and I offer my condolences to the families. The operation was started by thinking that they were terrorists. However, local authorities and official authorities, who went there, determined that they were mostly cigarette smuggler without revealing their identities. The details of those people would be obtained through investigation.
I offer my condolences to the families. If there was a fault, it would be determined. According to preliminary information, they were smugglers not terrorists. It is sure that they do not deserve such an end even they are smugglers. There is no deliberate action. Those, who make similarity 33 Bullets incident, are serious mistaken. If the preliminary information were accurate, it was an operation accident. If there was a fault, it would never be covered.
I carefully read the statement by the Turkish General Staff. Please do remember that arsenals were carried by hinnies. There were criticisms against officials that why measurements had not been taken. There is no contradiction between my speech and the Turkish General Staff’s statement. The air force operation was launched by thinking that they were terrorists.
Lack of intelligence, an operation accident...
If there was no terror in Turkey, the sorrowful incident would have not happened today. We told that we were eagle against terrorists and dove regarding citizens. There cannot be such an action against smugglers. We wish that there would not be a similar incident in the future. There cannot be a deliberate action; it can be operation accident resulted from lack of intelligence.
Relatives of the 35 citizens suffered from that incident. There is no need further an intentional. It won’t serve to anyone. There might be protests in streets or it is normal that BDP (Peace and Democracy Party) declares mourning yet encouraging people to organize protests, it won’t serve to anyone.
Tradesmen were sick and tired of closing up shops in the South and Southeast. People are already in a difficult condition.
Questions-Answers
- An administrative investigation was already launched. We will do what needed to be done. No one can put himself/herself into a judge’s shoes.
- There is no contradiction between my speech and the Turkish General Staff’s statement. The Turkish General Staff made a statement based on thinking those people as terrorists. Please do remember the Hantepe attack; the arsenals were carried by hinnies. There were criticisms against officials that why measurements had not been taken. The statement says that the operation was launched in an area which used often by terrorists. However, identities of these people were determined after the statement.
- Detailed identity information and why they were there will be learned through an extensive investigation. This unfortunate accident does not mean that we will not fight against terrorism. We will continue to fight until that problem ends.
- The Turkish Armed Forces must be an eagle against terrorists and a dove for citizens. Legal sanctions on smugglers are written in our legislation.
- A soldier, who gives his coat to a terrorist when he is caught alive in a cave, does not want to kill smugglers. According to our preliminary information, there cannot be a deliberate action. Investigation will determine whether there is a weakness or fault.
- The Prime Minister has obtained information from all relevant authorities such as the Turkish General Staff and the Minister of Interior Affairs.”
First statements by the media; As a result, the claims are:
They were PKK members Wrong intelligence
They were PKK couriers They were smugglers
POINTS BY THE MISSION: A) Regarding the Incident Scene
A group from the delegation departed from the Ortasu villave at 07.00 in the morning to go the incident scene on 31.12.2011. They set off with their own cars and after a while they continued with a tractor. The incident scene is about 4-5 kilometres from the Ortasu Village. The group arrived in the incident scene, where is called as “Yýldýztepe” or “Yýldýz Yaylasý” by villagers, at about 10.30. There were also a group of journalist and villagers, who accompanied the group, in the incident scene. The mission has determined that:
1- The incident scene is about 4-5 kilometres away from the Ortasu Village,
2- Vehicles can be used until a certain location, about 1,5 kilometres is pathway,
3- There are cultivated area and coal mines on the way to the incident scene,
4- There is an evicted building, which is very old and as the villagers accompanied the
mission told it was a patrol in the past, on the way,
5- There is a skull of a hinny in the area that is about 300 meters away from the
bombing location,
6- The incident happened in the 0 point of the border of Iraq-Turkey, there is a
boundary stone which fragmented and some remnants are in Turkey while some in
Iraq,
7- There is a crater, which is 50 meters away from the boundary stone and in the
Southwest direction within Iraq territory, with 5 meters size and half meter depth.
It is possible that it occurred after the air force bombing,
8- There is another crater, which is similar to the former one, located in the south
direction of the boundary stone and about 500 meters towards the valley,
9- There are remnants of bombs next to the boundary stone. There is no strike on the boundary stone and fuel drums are spread yet not fragmented. People, animal and flora, which is considered as living organism, were damaged and limited with size
of the bombing yet stone, drum etc... were not damaged,
10- There are tarnishing, snowmelt and woods were burnt in north and south sides in a5 decares area around the crater,
11-There is a bag, which people put olive and bread, next to the boundary stone.
There is no damage to the bag,
12-There are still soft tissues, which not fragmented, and pieces of bones in the
incident scene. Although it is understood that some of them belong to hinnies,
some of them are not clear whether belong to animals or people,
13- Top of the hill is flat not rough or hilly,
14- There are observation towers, which located in dominant parts of the northern part
of the incident scene and see the scene clearly,
15-There are clothes belong to those who lost their lives as well as an active mobile
phone,
16- There are GSM networks and mobile phone can be used actively,
17- Public prosecutor or another security forces have not arrived in the incident scene, evidences were not collected and no barrier tape by the time the group was there.
All of them are civilians and according to the autopsy reports: 17 of them are children, 14 of them are mature and 4 of them do not have any indication about their age, Age of those, who are considered as mature, vary from 19 to 25,
B) Regarding the Incident:
35 individuals’ right to life were violated in the attack. The following is the list of people whose right to life were violated (the list was prepared based on interviews and autopsy reports):
Name: Date of Birth and Place
1. Özcan UYSAL 30/12/1993 Þýrnak/Uludere. 2. Seyithan ENÇ 30/12/1993 Þýrnak/Uludere. 3. Cemal ENCU 1994 Þýrnak/Uludere. 4. Vedat ENCU 1994 Þýrnak/Uludere. 5. Selim ENCU 1973 Þýrnak/Uludere. 6. Selahattin ENCU 1995 Þýrnak/Uludere.
7. Nadir ALMA 8. Celal ENCU 9. Bilal ENCU 10.Þirvan ENCU 11.Nevzat ENCU 12.Salih ENCU 13.Osman KAPLAN 1980. 14.Mahsun ENCU 1994 Þýrnak/Uludere. 15.Muhammet ENCU 1998 Þýrnak/Uludere. 1986 Þýrnak/Uludere. 1986 Þýrnak/Uludere.
1992 Þýrnak/Uludere. 1992 Þýrnak/Uludere. 1993 Þýrnak/Uludere. 16.Hüsnü ENCU 17.Savaþ ENCU 18.Erkan ENCU 19.Cihan ENCU 20.Fadýl ENCU 21.Þerafettin ENCU 1994 Þýrnak/Uludere. 1981 Þýrnak/Uludere. 1997 Þýrnak/Uludere. 1998 Þýrnak/Uludere. 1992 Þýrnak/Uludere. 1991 Þýrnak/Uludere. 22.Hamza ENCU 23.Aslan ENCU 24.M.Ali TOSUN 25.Identity details are same with number 21.
1990 Þýrnak/Uludere. 1994 Þýrnak/Uludere. 1987 Þýrnak/Uludere. 26.Orhan ENCU 27.Salih ÜREK 28.Yüksel ÜREK 29.Adem ANT 30.Hüseyin ENCU 31.Bedran ENCU 32.Serhat ENCU 33.Þivan ENCU 34.Abdulselam ENCU Þýrnak/Uludere. 35.An arm and a leg: no information about the identity.
1992 Þýrnak/Uludere. 1995 Þýrnak/Uludere. 1995 Þýrnak/Uludere.
1992 Þýrnak/Uludere.
1991 Þýrnak/Uludere. 1996 Þýrnak/Uludere.
1995 Þýrnak/Uludere.
There was no warning to STOP and people were not warned by security forces. There was no counter fire by those who lost their lives or individual fire by soldiers. It is only the aircrafts that bombed and killed civilians.
The civilians were known by security forces that have also information about movement of those people as a part of border trade, According to witnesses and villagers the route is continuously used by people.
Everyone including security forces knows the route. Most of the way is not pathway and there are coal mines on the way.
Contrary to the official statements, the incident scene is far away from the area named Sinat-Haftanin and civilians were attacked on Iraq-Turkey border, There was no attempt by the official institutions to take dead or injured people, therefore; villagers arrived late in the incident scene with their own means.
As a result, some injured lost their lives for blood lose and freeze. Soldiers left the incident scene when villagers went there to take the corpses. The corpses were brought to the Gülyazý village by the villagers with their own means,
The hospital lacks of equipment and staff for autopsy. Even, as far as we observed there is almost no staff in the hospital. The corpses were negligently put into rooms. The corpses were covered with blankets by their relatives. The corpses were taken to autopsy and funeral vehicle by the families,
Due to the lack of technical capacity, it is not possible to collect evidence as it should be done. Therefore, there is a high probability of spoliation of evidences,
Some of the corpses seen by the mission were burnt and some internal organs at outside of the body, most of the skulls were shattered, unity of the body was deformed as a result of the scatter,
High explosive bombs and artillery, which have burning capacity, were used in the attack,
No suspicious were arrested or detained,
The incident happened in the zero point of the Turkey-Iraq border,
People, who lost their lives, were dealing with border trade (fuel, cigarette and food) that has been conducted for long years. The patrol knows that people deal with such a border trade and made it easy and allowed much more than past during the last month.
Points Need to be Clarified:
1. Why didn’t any officers or officials go to the incident scene considering that the patrol and observation towers are close to the incident scene and they were informed and it is certain that villagers and village guards informed the soldiers about it?
2. Why were ambulances or health officers from Þýrnak and other places not allowed to go to the incident scene?
3. Some seriously injured people lost their lives as there was no medical intervention and were freeze to death. What are the reasons for not going to the incident scene and detailed information about these deaths?
4. Considering that villagers have been dealing with border trade for long years; is there any similar attack against people in the past? Furthermore, does the patrol have any deliberate or negligence in this incident? There should be a special investigation about these issues.
5. In the past, village guards and mukhtar (head of a village) were warned “to go smuggling” when there would be operation. However, soldiers did not inform the villagers though they saw smugglers in daytime. Why did they not inform these villagers?
6. There were rumours that “it would be the last smuggling” and similar information given to the smuggler wholesaler and distributors. What were the aims of information? Did officials know that there would be an attack or not?
7. Unmanned Aerial Vehicles (Heron) can take image that gives an idea about shape and content of loading and whether there is any weapon or not. Did unmanned aerial vehicles give data regarding the group’s loading and whether they have weapon or not? Furthermore, did the unmanned aerial vehicles report or not that they were civilians?
8. Quantity, target and aim of the arsenal and explosives used in the attack? How long did the operation take? There is a claim that aircraft flares and cannon shootings were used. The claim needs to be proved. Content of the bombing needs to be determined.
9. All walky-talky conversations during and after the attack including between aircrafts and command centre as well as phone conversations between village guards, mukhtar and the patrol or third parties needs to be investigated in terms of location and distances.
10. It is told that villagers, who attempted to go to the incident scene after the incident, came across soldiers on the way and soldiers left there as soon as the villagers left. It needs to be investigated.
11. According the statement by the Turkish General Staff, the unmanned aerial vehicles took the first image at 18.39 and the bombardment was started at 21.37. Did officials confirm the intelligence or obtain additional information from local units during that 3 hours period_ If not, why they did not need to do so?
12. The official authorities made the statement according to which “they were attacked by thinking that they were members of the [terrorist] organization”. Even the concerned group was the one composed of “members of the organization”, can their extrajudicial execution through high explosive bombs from fighter aircrafts be legal and justified?
13. Do bomb contain any chemical substance? It is a key question since some of the corpses were burned and charred.
14. Have any air force or land force operation been launched in the location of the incident scene until now? If yes, the dates and results of them need to be publicized?
15. What was the aim of the helicopter, which was active while the villagers were taking the corpses with their own means? Why didn’t it land to help people there?
16. Did local military and civilian officials call each family and suggest entombing the corpses separately?
17. Why didn’t local officials and the Government representatives make any statement to the public on the first though they knew the incident?
Opinions and Recommendations:
1- It is an extrajudicial killing. Regarding the number of people, it is a “massacre”
2- It is a continuation of extrajudicial and massacre that have been conducting under the name of “fight against terrorism” and not brought to account,
3- National and international civil society organizations and democratic institutions should show awareness to organize fact-finding missions there,
4- Turkish Grand National Assembly and the Human Rights Inquiry Committee of the Turkish Grand National Assembly must put the massacre, which has caused public resentment and have points to be clarified, into its agenda and investigate it immediately,
5- United Nations and the Council of Europe should investigate the incident,
6- All relevant institutions should do what they should do in order to take people, who are perpetrators and responsible for the massacre, before the court. In order to have an effective investigation all military and civilian officials (including those who commanded to bomb), who have responsibility for the incident, should be laid from their jobs until the investigation ends. Public prosecution office and administrative units must conduct an effective investigation against those who are responsible. The public prosecution must bring justice and clear public’s conscience,
7- The State must accept that it is a massacre and apologize for it. The Government must take its political responsibility, the Minister of Interior Affairs must resign from his position, the Chief of General Staff and responsible chief/s of force must be laid from their positions,
8- The State must pay satisfactory pecuniary and non-pecuniary damages to the families alleviate their suffering. It should be done as a part of the State’s responsibility not as a gift or gratefulness,
9- Media and other mass communication networks must leave its biased approach and creating “guilty people” that lead to “extrajudicial killing” yet based on ethical principles,
10-People work in this field called as “smuggling” as there is no chance of income (such as industry, livestock or agriculture) other than border-trade and no border gate and restrictive legislation. It should be taken into consideration and necessary legislative steps need to be taken immediately. Administrative status of the area, whose population is high, should be promoted to town,
11-Violence based policies regarding the Kurdish Question provide a suitable atmosphere for such dark actions. Therefore, it is vital that the Government must change its existing policies and democracy and peace should be developed.
The Association of Human Rights and Solidarity for Oppressed People (MAZLUMDER) Human Rights Association (IHD) Confederation of Public Employees Trade Unions (KESK) Turkish Medical Association (TTB) The Contemporary Lawyers Association (ÇHD) Human Rights Foundation of Turkey (HRFT) Peace Assembly Of Turkey (TBM) DISK Genel-Iþ Trade Union (Genel Iþ)
ANNEX
1- A photo that shows transfer of the corpses by the villagers 2- A photo that shows the road and pathway to the incident scene 3- A photo that shows situation of the corpses at the hospital 4- A photo that shows conditions of the autopsy 5- The Autopsy reports (71 pages) 6- Photos that show remnants in the incident scene and the boundary stone
Official interviews made in Uludere and Þýrnak Province:
1- Þýrnak Chief Public Prosecution Office: On 30 December 2011 a fax message had been sent from MAZLUMDER General Centre and called on 02 January 2012. As a reply the office told the commission that their programme was full for two days and they could not meet with the commission.
2- Uludere District Governorate Naif Yavuz: On 30 December 2011 a fax message had been sent from MAZLUMDER General Centre and called on 02 January 2012. As a reply the governorate gave a negative reply on the grounds that the governor was attacked and has been resting in the hotel.
3-Uludere District Gendarmerie Headquarters: On 30 December 2011 a fax message had been sent from MAZLUMDER General Centre and called on 02 January 2012. As a reply they told the commission that they won’t meet with the commission.
4-Þýrnak Governorate: The members of the commission also made written application to Þýrnak Governorate as in the relations with other official institutions, with a fax message sent from the General Centre of the MAZLUMDER on 30 December 2011. Also an authorised correspondent could not be found in the Governorate when called from the MAZLUMDER’s General Centre.
Claims on the case:
There are many claims on the case. Statements by the official authorities are one of the most significant examples.
For example; the Turkish General Staff’s first official statement No: BA-33/11 on 29.12.2011 at 11: 45 as follows:
“1. The Turkish Armed Forces conducts cross-border operations within the framework of the authority given by the Turkish Grand National Assembly or TBMM on 17 October 2007. The authority in question has been renewed once in a year.
2. The Turkish Armed Forces was informed that leaders of the terrorist organization had ordered groups to retaliate for their loss in recent period and many terrorists had been sent to Sinat-Haftanin area located in cross-border as reinforcing units.
3. In the light of this information obtained through intelligence from several sources and technical analysis; it was understood that terrorist groups including some leaders came together and were in preparation for attacks against patrols, bases located in the border line. Then, relevant units were informed about that development.
4. In the light of testimonies by surrendered terrorist members; it is known that the subversive terrorist organization brought artillery and arsenal from Iraq to our territory with draught animals in previous attacks.
5. There was an increase in intelligence regarding potential attacks against our patrols and bases located in near to the border of the Northern Iraq as a result there was an increase also in reconnaissance and surveillance in the border line. In this regard, it was determined [by means of Unmanned Aerial Vehicles] that there was a terrorist group moving to the border from Iraq territory at 18.39 on 28 December 2011.
6. As the area was a route often used by terrorists and it was night time, there was a discussion that an air force operation should be launched. The operation was launched from 21.37 to 22.24 on that day.
7. The incident scene is Sinat-Haftanin (Northern Iraq) area where subversive terrorist organization’s main bases are located and no civilian settlement.
8. Administrative and judicial investigation and procedures are going on. With our best regards.”
Mr. Hüseyin Çelik’s, the Vice-President of the Justice and Development Party or AKP, first statement as follows:
“A sorrowful incident left its mark on our EC meeting today. The incident in Þýrnak [where the incident happened] was extremely sorrowful. There was an attack by air forces in the Sinat-Haftanin area. As a result, 35 citizens lost their lives. May God their souls and I offer my condolences to the families. The operation was started by thinking that they were terrorists. However, local authorities and official authorities, who went there, determined that they were mostly cigarette smuggler without revealing their identities. The details of those people would be obtained through investigation.
I offer my condolences to the families. If there was a fault, it would be determined. According to preliminary information, they were smugglers not terrorists. It is sure that they do not deserve such an end even they are smugglers. There is no deliberate action. Those, who make similarity 33 Bullets incident, are serious mistaken. If the preliminary information were accurate, it was an operation accident. If there was a fault, it would never be covered.
I carefully read the statement by the Turkish General Staff. Please do remember that arsenals were carried by hinnies. There were criticisms against officials that why measurements had not been taken. There is no contradiction between my speech and the Turkish General Staff’s statement. The air force operation was launched by thinking that they were terrorists.
Lack of intelligence, an operation accident...
If there was no terror in Turkey, the sorrowful incident would have not happened today. We told that we were eagle against terrorists and dove regarding citizens. There cannot be such an action against smugglers. We wish that there would not be a similar incident in the future. There cannot be a deliberate action; it can be operation accident resulted from lack of intelligence.
Relatives of the 35 citizens suffered from that incident. There is no need further an intentional. It won’t serve to anyone. There might be protests in streets or it is normal that BDP (Peace and Democracy Party) declares mourning yet encouraging people to organize protests, it won’t serve to anyone.
Tradesmen were sick and tired of closing up shops in the South and Southeast. People are already in a difficult condition.
Questions-Answers
- An administrative investigation was already launched. We will do what needed to be done. No one can put himself/herself into a judge’s shoes.
- There is no contradiction between my speech and the Turkish General Staff’s statement. The Turkish General Staff made a statement based on thinking those people as terrorists. Please do remember the Hantepe attack; the arsenals were carried by hinnies. There were criticisms against officials that why measurements had not been taken. The statement says that the operation was launched in an area which used often by terrorists. However, identities of these people were determined after the statement.
- Detailed identity information and why they were there will be learned through an extensive investigation. This unfortunate accident does not mean that we will not fight against terrorism. We will continue to fight until that problem ends.
- The Turkish Armed Forces must be an eagle against terrorists and a dove for citizens. Legal sanctions on smugglers are written in our legislation.
- A soldier, who gives his coat to a terrorist when he is caught alive in a cave, does not want to kill smugglers. According to our preliminary information, there cannot be a deliberate action. Investigation will determine whether there is a weakness or fault.
- The Prime Minister has obtained information from all relevant authorities such as the Turkish General Staff and the Minister of Interior Affairs.”
First statements by the media; As a result, the claims are:
They were PKK members Wrong intelligence
They were PKK couriers They were smugglers
POINTS BY THE MISSION: A) Regarding the Incident Scene
A group from the delegation departed from the Ortasu villave at 07.00 in the morning to go the incident scene on 31.12.2011. They set off with their own cars and after a while they continued with a tractor. The incident scene is about 4-5 kilometres from the Ortasu Village. The group arrived in the incident scene, where is called as “Yýldýztepe” or “Yýldýz Yaylasý” by villagers, at about 10.30. There were also a group of journalist and villagers, who accompanied the group, in the incident scene. The mission has determined that:
1- The incident scene is about 4-5 kilometres away from the Ortasu Village,
2- Vehicles can be used until a certain location, about 1,5 kilometres is pathway,
3- There are cultivated area and coal mines on the way to the incident scene,
4- There is an evicted building, which is very old and as the villagers accompanied the
mission told it was a patrol in the past, on the way,
5- There is a skull of a hinny in the area that is about 300 meters away from the
bombing location,
6- The incident happened in the 0 point of the border of Iraq-Turkey, there is a
boundary stone which fragmented and some remnants are in Turkey while some in
Iraq,
7- There is a crater, which is 50 meters away from the boundary stone and in the
Southwest direction within Iraq territory, with 5 meters size and half meter depth.
It is possible that it occurred after the air force bombing,
8- There is another crater, which is similar to the former one, located in the south
direction of the boundary stone and about 500 meters towards the valley,
9- There are remnants of bombs next to the boundary stone. There is no strike on the boundary stone and fuel drums are spread yet not fragmented. People, animal and flora, which is considered as living organism, were damaged and limited with size
of the bombing yet stone, drum etc... were not damaged,
10- There are tarnishing, snowmelt and woods were burnt in north and south sides in a5 decares area around the crater,
11-There is a bag, which people put olive and bread, next to the boundary stone.
There is no damage to the bag,
12-There are still soft tissues, which not fragmented, and pieces of bones in the
incident scene. Although it is understood that some of them belong to hinnies,
some of them are not clear whether belong to animals or people,
13- Top of the hill is flat not rough or hilly,
14- There are observation towers, which located in dominant parts of the northern part
of the incident scene and see the scene clearly,
15-There are clothes belong to those who lost their lives as well as an active mobile
phone,
16- There are GSM networks and mobile phone can be used actively,
17- Public prosecutor or another security forces have not arrived in the incident scene, evidences were not collected and no barrier tape by the time the group was there.
All of them are civilians and according to the autopsy reports: 17 of them are children, 14 of them are mature and 4 of them do not have any indication about their age, Age of those, who are considered as mature, vary from 19 to 25,
B) Regarding the Incident:
35 individuals’ right to life were violated in the attack. The following is the list of people whose right to life were violated (the list was prepared based on interviews and autopsy reports):
Name: Date of Birth and Place
1. Özcan UYSAL 30/12/1993 Þýrnak/Uludere. 2. Seyithan ENÇ 30/12/1993 Þýrnak/Uludere. 3. Cemal ENCU 1994 Þýrnak/Uludere. 4. Vedat ENCU 1994 Þýrnak/Uludere. 5. Selim ENCU 1973 Þýrnak/Uludere. 6. Selahattin ENCU 1995 Þýrnak/Uludere.
7. Nadir ALMA 8. Celal ENCU 9. Bilal ENCU 10.Þirvan ENCU 11.Nevzat ENCU 12.Salih ENCU 13.Osman KAPLAN 1980. 14.Mahsun ENCU 1994 Þýrnak/Uludere. 15.Muhammet ENCU 1998 Þýrnak/Uludere. 1986 Þýrnak/Uludere. 1986 Þýrnak/Uludere.
1992 Þýrnak/Uludere. 1992 Þýrnak/Uludere. 1993 Þýrnak/Uludere. 16.Hüsnü ENCU 17.Savaþ ENCU 18.Erkan ENCU 19.Cihan ENCU 20.Fadýl ENCU 21.Þerafettin ENCU 1994 Þýrnak/Uludere. 1981 Þýrnak/Uludere. 1997 Þýrnak/Uludere. 1998 Þýrnak/Uludere. 1992 Þýrnak/Uludere. 1991 Þýrnak/Uludere. 22.Hamza ENCU 23.Aslan ENCU 24.M.Ali TOSUN 25.Identity details are same with number 21.
1990 Þýrnak/Uludere. 1994 Þýrnak/Uludere. 1987 Þýrnak/Uludere. 26.Orhan ENCU 27.Salih ÜREK 28.Yüksel ÜREK 29.Adem ANT 30.Hüseyin ENCU 31.Bedran ENCU 32.Serhat ENCU 33.Þivan ENCU 34.Abdulselam ENCU Þýrnak/Uludere. 35.An arm and a leg: no information about the identity.
1992 Þýrnak/Uludere. 1995 Þýrnak/Uludere. 1995 Þýrnak/Uludere.
1992 Þýrnak/Uludere.
1991 Þýrnak/Uludere. 1996 Þýrnak/Uludere.
1995 Þýrnak/Uludere.
There was no warning to STOP and people were not warned by security forces. There was no counter fire by those who lost their lives or individual fire by soldiers. It is only the aircrafts that bombed and killed civilians.
The civilians were known by security forces that have also information about movement of those people as a part of border trade, According to witnesses and villagers the route is continuously used by people.
Everyone including security forces knows the route. Most of the way is not pathway and there are coal mines on the way.
Contrary to the official statements, the incident scene is far away from the area named Sinat-Haftanin and civilians were attacked on Iraq-Turkey border, There was no attempt by the official institutions to take dead or injured people, therefore; villagers arrived late in the incident scene with their own means.
As a result, some injured lost their lives for blood lose and freeze. Soldiers left the incident scene when villagers went there to take the corpses. The corpses were brought to the Gülyazý village by the villagers with their own means,
The hospital lacks of equipment and staff for autopsy. Even, as far as we observed there is almost no staff in the hospital. The corpses were negligently put into rooms. The corpses were covered with blankets by their relatives. The corpses were taken to autopsy and funeral vehicle by the families,
Due to the lack of technical capacity, it is not possible to collect evidence as it should be done. Therefore, there is a high probability of spoliation of evidences,
Some of the corpses seen by the mission were burnt and some internal organs at outside of the body, most of the skulls were shattered, unity of the body was deformed as a result of the scatter,
High explosive bombs and artillery, which have burning capacity, were used in the attack,
No suspicious were arrested or detained,
The incident happened in the zero point of the Turkey-Iraq border,
People, who lost their lives, were dealing with border trade (fuel, cigarette and food) that has been conducted for long years. The patrol knows that people deal with such a border trade and made it easy and allowed much more than past during the last month.
Points Need to be Clarified:
1. Why didn’t any officers or officials go to the incident scene considering that the patrol and observation towers are close to the incident scene and they were informed and it is certain that villagers and village guards informed the soldiers about it?
2. Why were ambulances or health officers from Þýrnak and other places not allowed to go to the incident scene?
3. Some seriously injured people lost their lives as there was no medical intervention and were freeze to death. What are the reasons for not going to the incident scene and detailed information about these deaths?
4. Considering that villagers have been dealing with border trade for long years; is there any similar attack against people in the past? Furthermore, does the patrol have any deliberate or negligence in this incident? There should be a special investigation about these issues.
5. In the past, village guards and mukhtar (head of a village) were warned “to go smuggling” when there would be operation. However, soldiers did not inform the villagers though they saw smugglers in daytime. Why did they not inform these villagers?
6. There were rumours that “it would be the last smuggling” and similar information given to the smuggler wholesaler and distributors. What were the aims of information? Did officials know that there would be an attack or not?
7. Unmanned Aerial Vehicles (Heron) can take image that gives an idea about shape and content of loading and whether there is any weapon or not. Did unmanned aerial vehicles give data regarding the group’s loading and whether they have weapon or not? Furthermore, did the unmanned aerial vehicles report or not that they were civilians?
8. Quantity, target and aim of the arsenal and explosives used in the attack? How long did the operation take? There is a claim that aircraft flares and cannon shootings were used. The claim needs to be proved. Content of the bombing needs to be determined.
9. All walky-talky conversations during and after the attack including between aircrafts and command centre as well as phone conversations between village guards, mukhtar and the patrol or third parties needs to be investigated in terms of location and distances.
10. It is told that villagers, who attempted to go to the incident scene after the incident, came across soldiers on the way and soldiers left there as soon as the villagers left. It needs to be investigated.
11. According the statement by the Turkish General Staff, the unmanned aerial vehicles took the first image at 18.39 and the bombardment was started at 21.37. Did officials confirm the intelligence or obtain additional information from local units during that 3 hours period_ If not, why they did not need to do so?
12. The official authorities made the statement according to which “they were attacked by thinking that they were members of the [terrorist] organization”. Even the concerned group was the one composed of “members of the organization”, can their extrajudicial execution through high explosive bombs from fighter aircrafts be legal and justified?
13. Do bomb contain any chemical substance? It is a key question since some of the corpses were burned and charred.
14. Have any air force or land force operation been launched in the location of the incident scene until now? If yes, the dates and results of them need to be publicized?
15. What was the aim of the helicopter, which was active while the villagers were taking the corpses with their own means? Why didn’t it land to help people there?
16. Did local military and civilian officials call each family and suggest entombing the corpses separately?
17. Why didn’t local officials and the Government representatives make any statement to the public on the first though they knew the incident?
Opinions and Recommendations:
1- It is an extrajudicial killing. Regarding the number of people, it is a “massacre”
2- It is a continuation of extrajudicial and massacre that have been conducting under the name of “fight against terrorism” and not brought to account,
3- National and international civil society organizations and democratic institutions should show awareness to organize fact-finding missions there,
4- Turkish Grand National Assembly and the Human Rights Inquiry Committee of the Turkish Grand National Assembly must put the massacre, which has caused public resentment and have points to be clarified, into its agenda and investigate it immediately,
5- United Nations and the Council of Europe should investigate the incident,
6- All relevant institutions should do what they should do in order to take people, who are perpetrators and responsible for the massacre, before the court. In order to have an effective investigation all military and civilian officials (including those who commanded to bomb), who have responsibility for the incident, should be laid from their jobs until the investigation ends. Public prosecution office and administrative units must conduct an effective investigation against those who are responsible. The public prosecution must bring justice and clear public’s conscience,
7- The State must accept that it is a massacre and apologize for it. The Government must take its political responsibility, the Minister of Interior Affairs must resign from his position, the Chief of General Staff and responsible chief/s of force must be laid from their positions,
8- The State must pay satisfactory pecuniary and non-pecuniary damages to the families alleviate their suffering. It should be done as a part of the State’s responsibility not as a gift or gratefulness,
9- Media and other mass communication networks must leave its biased approach and creating “guilty people” that lead to “extrajudicial killing” yet based on ethical principles,
10-People work in this field called as “smuggling” as there is no chance of income (such as industry, livestock or agriculture) other than border-trade and no border gate and restrictive legislation. It should be taken into consideration and necessary legislative steps need to be taken immediately. Administrative status of the area, whose population is high, should be promoted to town,
11-Violence based policies regarding the Kurdish Question provide a suitable atmosphere for such dark actions. Therefore, it is vital that the Government must change its existing policies and democracy and peace should be developed.
The Association of Human Rights and Solidarity for Oppressed People (MAZLUMDER) Human Rights Association (IHD) Confederation of Public Employees Trade Unions (KESK) Turkish Medical Association (TTB) The Contemporary Lawyers Association (ÇHD) Human Rights Foundation of Turkey (HRFT) Peace Assembly Of Turkey (TBM) DISK Genel-Iþ Trade Union (Genel Iþ)
ANNEX
1- A photo that shows transfer of the corpses by the villagers 2- A photo that shows the road and pathway to the incident scene 3- A photo that shows situation of the corpses at the hospital 4- A photo that shows conditions of the autopsy 5- The Autopsy reports (71 pages) 6- Photos that show remnants in the incident scene and the boundary stone
