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Bulletin de liaison et d'information - Institut kurde de Paris

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Revue <strong>de</strong> Presse-Press Review-Berhevoka Çapê-Rivista Stampa-Dentro <strong>de</strong> la Prensa-Basm Öz<strong>et</strong>i<br />

MINORITY<br />

RIGHTS GROUP INTERNATIONAL<br />

The Kurds<br />

The Case of Akduvar v. Turkey<br />

On the evening of 10 November 1992 members of a<br />

'special team' of soldiers entered the village of<br />

Kelekci in south-east Turkey and instructed the mayor<br />

to evacuate all the inhabitants immediately. While the<br />

mayor attempted to call the people tog<strong>et</strong>her, the soldiers<br />

s<strong>et</strong> fire to a number of houses.<br />

Nine houses and their contents were burned to the<br />

ground. As a result, most of the inhabitants moved to<br />

Diyarbakir where some moved in with relatives. Others<br />

were left homeless. On 6 April 1993 the security forces<br />

r<strong>et</strong>urned to the village and s<strong>et</strong> fire to the rest of the<br />

houses. Kelekci, formerly a village of 500 inhabitants,<br />

has now been compl<strong>et</strong>ely evacuated.<br />

These events are common in south-east Turkey,<br />

where most Kurds live. The importance of Kelekci<br />

village is that nine villagers submitted their case to the<br />

European Court of Human Rights. They alleged that<br />

the buming of their houses was not an isolated inci<strong>de</strong>nt,<br />

but was part of a state policy of evacuating and<br />

<strong>de</strong>stroying Kurdish villages.<br />

On 16 September 1996, the European Court of<br />

Human Rights <strong>de</strong>livered its judgment. This was the<br />

first case involving the <strong>de</strong>struction of villages in southeast<br />

Turkey ever <strong>de</strong>ci<strong>de</strong>d by the Court. The Court<br />

found against the Turkish state. In particular the<br />

Court held that:<br />

• on account of the burning of the applicants'<br />

housing by Turkish security forces, the Turkish<br />

state had violated the right of the applicants to<br />

private and family life (Article 8 of the<br />

European Convention on Human Rights);<br />

• the Turkish state had violated the applicants'<br />

right to the peaceful enjoyment of their property<br />

(Article 1 of the First Protocol to the<br />

Convention) ;<br />

• the Court further held that on account of the<br />

pressure put on applicants to withdraw their<br />

p<strong>et</strong>itions to the European Commission,<br />

Turkey was in violation of Article 25 (1) of the<br />

European Convention, which guarantees the<br />

right to individual p<strong>et</strong>ition.<br />

The phenomenon of the burning and <strong>de</strong>struction of<br />

villages in Turkey has been officially acknowledged.<br />

The regional governor of Diyarbakir has officially<br />

acknowledged that a total of 2,785 Kurdish s<strong>et</strong>tlements<br />

have been evacuated and <strong>de</strong>stroyed. Human<br />

rights organizations put the number of evacuated s<strong>et</strong>tlements<br />

at closer to 3,000, with about 3 million<br />

people displaced as a result. The govemment continues<br />

to <strong>de</strong>ny that Turkish security forces are responsible<br />

for these acts.<br />

Evacuation of Kelekci. semth-east Turkey, immediately<br />

after soldiers had <strong>de</strong>stroyed houses<br />

The enforced displacement of 3 million people has<br />

had tragic ht1\nan~ economic and en'vironmental consequences.<br />

The majority of those forced out of their<br />

homes and dispossessed move to large cities where<br />

they face acute housing problems and unemployment.<br />

Cities such as Adana, Batman, Diyarbakir, Mersin and<br />

Van are unahle to cope with the huge influx of people.<br />

The population of Diyarbakir, for example, has grown<br />

in five years from 380,000 in 1991 to 1.3 million in<br />

1996. Similarly, the population of Mersin grew from<br />

550,000 in 1992 to 1 million in 1994. This increase in<br />

population has resulted in increased levels of crime,<br />

epi<strong>de</strong>mics of bronchitis and pneumonia, the near-collapse<br />

of the schooling system, and sharp tensions with<br />

the original inhabitants of towns and cities like Adana<br />

and Diyarbakir.<br />

Quite apart from the brutality which accompanies<br />

many cases of eviction and <strong>de</strong>struction of villages. the<br />

state policy of forced evacuation causes long-term suffering<br />

for people forced to live in cramped and insecure<br />

conditions, <strong>de</strong>prived of their livelihood. their<br />

community and their way of life.<br />

(Information from Kurdish Hunum Rights Project.<br />

Akduvar v. Turkey; The Story of Kurdish Villagers<br />

Seeking Justice against Turkey, October 1996.)<br />

1

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