MORE VILLAGE DESTRUCTION CASES
Selcuk & Asker v. Turkey

In Strasbourg today, 26 January 1998, the European Court of Human Rights heard the case of Kurt v. Turkey concerning the enforced and involuntary disappearance of her son by agents of the State during a raid on the village of Agilli, located near Bismil, in southeast Turkey on 23 November 1993. Mrs. Koceri Kurt, the mother of Uzeyir Kurt, last saw her son in the company of soldiers, and noted that his face was black and blue. She gave him some cigarettes and a jacket as he was cold. This was the last time she saw him.

She travelled from Turkey to attend this Court hearing and we provided an unofficial interpreter to ensure that she could hear the court proceedings through Kurdish. Speaking to her before the Court, Mrs. Kurt was concerned not just for her son's case but she also wanted the Court to know about all the other cases of disappearances in Turkey and request the Court's assistance to all those cases as well.

The Applicant will ask the Court to find violations of Articles 2,3,5,13,14,18 and 25 of the Convention which relation to the disappearance (articles 2,3,5) lack of redress (articles13), dicrimination (article14) and interference with the right of individual petition (article25).

The case of Selcuk and Asker v. Turkey concerns the destruction of the village of Islamkoy, in the district of Kulp, on 16 June 1993. Mr. Asker recalled the soldiers coming to his house and his wife still holding a breakfast tray in her hand while the soldiers poured gasoline on the house. Mrs. Selcuk, a widow also recounted her house and possessions being destroyed on the same day.

The applicants allege violations of articles 3, 8, 13, 14, 18 and Article 1 of Protocol 1 concerning the destruction of their property (articles8, Prot.1,1) and lack of redress (article13) and discrimination (article14) and abuse of power (article18).

These cases form part of a series of cases brought by Kurds alleging violations of their rights by the State of Turkey. The judgements of the Court in such cases as Akdivar v. Turkey and Mentes v. Turkey have already found that the homes and property of the applicants had been destroyed by the State. A decision on the question of 'just satisfaction' and redress for the applicants has not yet been decided by the Court.

The Kurdish Human Rights Project (KHRP) has assisted these applicants in bringing their case before the European Commission of Human Rights in Strasbourg.