A/HRC/16/21
Committee’s bi-communal teams of archaeologists; the remains of 407 missing persons had
undergone examination at the Committee’s bi-communal anthropological laboratory in the
United Nations Protected Area in Nicosia; and the remains of 263 individuals had been
returned to their respective families13.
14.
The Committee of Ministers’ Deputies of the Council of Europe (CoE CMD), which
supervises the execution of judgments of the European Court of Human Rights (“the
Court”), fully acknowledged the importance of the activities of the CMP in its March 2010
decision in the case of Varnava and Others v. Turkey (2009)14. The Ministers’ Deputies
underlined, however, that notwithstanding the importance of these measures as a first step
in the investigative process, they do not exhaust the obligation under article 2 (right to life)
of the European Convention on Human Rights (ECHR). CoE CMD therefore insisted on its
request that the Turkish authorities inform it of the measures envisaged in the prolongation
of the CMP’s work with a view to the effective investigations required by this judgment15.
15.
In another case concerning the question of missing persons, Cyprus v. Turkey
(2001)16, CoE CMD at its March session recalled its invitation to the Turkish authorities to
take concrete measures to ensure access by CMP to all relevant information and places,
without impeding the confidentiality essential to the implementation of its mandate. While
CoE CMD took note with satisfaction of the information provided by the Turkish
authorities on allowing the CMP to access several places situated in military zones, it
insisted on being informed of the concrete measures envisaged in continuity with the work
of CMP17.
16.
The crucial importance of complete access of the CMP to military areas in the
northern part of Cyprus for the purposes of exhumation was emphasized also by the
Secretary-General, who in his latest report on the United Nations operation in Cyprus urged
the Turkish Forces to adopt a more forthcoming approach, given the humanitarian
dimension of the issue18.
17.
In its concluding observations on the third periodic report of Turkey, the Committee
against Torture called on Turkey to take prompt measures to ensure effective, transparent
and independent investigations into all outstanding cases of alleged disappearances,
including those cited by the Court and especially referring to Cyprus v. Turkey19.
18.
On 3 June 2010 the Court delivered a partial decision as to the admissibility of Emin
and six other cases v. Cyprus, Greece and the United Kingdom, where the applicants,
relatives of Turkish Cypriot men who went missing in either December 1963 or in April-
13
14
15
16
17
18
19
CMP, Quick Statistics, 30 November 2010, http://www.cmpcyprus.org/media/attachments/Quick%20Statistics/Quick_Statistics_30.11.2010.pdf
In the case of Varnava and Others v. Turkey (16064/90) the Grand Chamber of the Court held that
there was a continuing violation of article 2 (right to life), of article 3 (prohibition of inhuman or
degrading treatment) and of article 5 (right to liberty and security) of the ECHR.
Council of Europe Committee of Ministers’ Deputies Decisions adopted at the 1078th meeting, 2-4
March 2010, on Varnava and Others v. Turkey.
In its judgment the Court held that Turkey was responsible for 14 violations of the ECHR, grouped by
the Committee of Ministers into four categories: (1) the question of missing persons; (2) the living
conditions of Greek Cypriots in northern Cyprus; (3) the rights of Turkish Cypriots living in northern
Cyprus; and (4) the question of the homes and property of displaced persons.
Council of Europe Committee of Ministers’ Deputies Decisions adopted at the 1078th meeting, 2-4
March 2010, on Cyprus v. Turkey.
S/2010/605, para. 37.
Concluding observations – Turkey (CAT/C/TUR/CO/3), forty-fifth session, 1-19 November 2010,
Advance unedited version, para. 9.
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