A/HRC/34/15
21.
In its concluding observations on the fourth periodic report of Turkey, with regard to
the issue of the missing persons in Cyprus, the Committee against Torture expressed its
appreciation for the cooperation of Turkey with the Committee on Missing Persons to
ensure progress in the search for and identification of remains of missing persons. The
Committee against Torture expressed, however, its concern that, while Turkey indicated
that the Attorney General’s office of the Turkish Cypriot authorities had completed its
review of 94 case files returned to it by the Committee on Missing Persons, no criminal
investigations had been opened and no other measures taken to ensure accountability for the
perpetrators in any of the cases. It also expressed its concern that Turkey had not
implemented the decision of the European Court of Human Rights in Cyprus v. Turkey. The
Committee against Torture called upon Turkey to continue cooperation with the Committee
on Missing Persons in Cyprus and to enhance efforts to ensure criminal accountability for
perpetrators (CAT/C/TUR/CO/4, paras. 21-22).
22.
On 11 March 2016, the Ministers’ Deputies of the Council of Europe noted with
satisfaction that, in November 2015, the Turkish authorities had granted the Committee on
Missing Persons access to 30 additional military areas. They welcomed the call made in
December 2015 by the leaders of the Greek Cypriot and Turkish Cypriot communities for
any person possessing information on possible burial places of missing persons to submit it
to the Committee, and reaffirmed the urgency for the Turkish authorities to intensify their
proactive approach to providing the Committee with all necessary assistance to achieve
tangible results as quickly as possible. The Deputies called upon the Turkish authorities to
give unhindered access to the Committee to all possible military zones located in the
northern part of Cyprus, and to examine proprio motu the reports and military archives in
their possession containing information on burial sites, including of relocated remains, and
to transmit it to the Committee. The Deputies took note with interest of the additional
information provided by the Turkish authorities on the progress made in the investigations
conducted by the Missing Persons Unit, including the finalization of a number of the
investigations (including that conducted with regard to Savvas Hadjipanteli, one of the
missing persons in the Varnava case). The Deputies called upon the Turkish authorities to
ensure the effectiveness of the investigations and their rapid conclusion. They insisted on
the unconditional obligation to pay the just satisfaction awarded in the cases of Cyprus v.
Turkey and Varnava and others v. Turkey by the European Court of Human Rights, and
called upon the Turkish authorities to pay without delay the sums awarded in the judgment
of 12 May 2014.6
23.
Furthermore, in the meetings of the Ministers’ Deputies of the Council of Europe
held in March, June and September 2016, the Deputies firmly insisted on the unconditional
obligation of Turkey to pay the just satisfaction awarded by the European Court of Human
Rights in the Varnava and Others v. Turkey and Xenides-Arestis group of cases, deplored
the absence of progress in this respect, and exhorted Turkey to comply with this obligation
without further delay. Noting with interest the letter dated 28 April 2016 from the Secretary
General of the Council of Europe addressed to the Minister for Foreign Affairs of Turkey
raising the issue of the payment of just satisfaction in these cases, the Deputies on 9 June
2016 regretted the absence of any response from the Turkish authorities in this matter. 7
6
7
Council of Europe Committee of Ministers, decisions adopted at the 1250th meeting on 8-10 March
2016 (CM/Del/Dec(2016)1250/H46-26 and 27 (2016)) on the cases of Cyprus v. Turkey and Varnava
and Others v. Turkey.
Council of Europe Committee of Ministers, decisions adopted at the 1250th meeting on 8-10 March
2016 (CM/Del/Dec(2016)1250/H46-27 and 28(2016)) on the cases of Varnava and Others v. Turkey
and Xenides-Arestis group v. Turkey; Council of Europe Committee of Ministers, decisions adopted at
the 1259th meeting on 7-8 June 2016 (CM/Del/Dec(2016)1259/H46-37 and 38(2016)) on the cases of
7
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