A/HRC/22/18
the CMP anthropologists. As at 30 November 2012, the remains of 896 individuals had
been exhumed on both sides of the buffer zone by the Committee’s bicommunal teams of
archaeologists; the remains of 592 missing persons have been analysed in the initial phase
at the Committee’s bicommunal anthropological laboratory; and the remains of 336 missing
individuals (269 Greek Cypriots and 67 Turkish Cypriots) have been identified and
returned to their respective families. 9
15.
In its resolutions 2026 (2011) and 2058 (2012), the Security Council highlighted the
importance of the activities of the Committee on Missing Persons and urged all parties to be
more forthcoming in accommodating the Committee’s exhumation requirements
throughout the island, including in military areas in the north. After the initial statement by
the Turkish military that the Committee must first exhaust all locations in the civilian areas,
the Committee has been given access to the military control areas on a case-by-case basis;
no request was denied so far and the Turkish military has granted permission to the
Committee to dig in the military control areas sixteen times since 2006. 10
16.
On 3 April 2012, the European Court of Human Rights delivered two inadmissibility
decisions with regard to the issue of missing persons in the cases of Emin and Others v.
Cyprus (concerning 17 Turkish Cypriot men who went missing in 1963-1964) and
Charalambous and Others v. Turkey (concerning 29 Greek Cypriot men who went missing
in 1974). In both decisions the Court held that a fresh obligation to investigate arose for the
respondent States following the discovery of the missing persons’ bodies, as the state of the
remains and their location gave disturbing signs of the apparent use of unlawful violence. 11
With regard to the investigations carried out since 2010, following the identification of
bodies by the CMP in the cases at stake, the Court found that it was too early to conclude at
this stage that the authorities’ actions are a mere sham or that there is bad faith, wilful
footdragging and calculated prevarication involved; however, the Court also noted that
“prolonged inactivity and silence by the authorities over a more significant period of time
might eventually render such a conclusion possible, but not yet”.12 Consequently, the
applicants’ complaints under the procedural aspect of article 2 of the European Convention
on Human Rights (on the right to life) were considered premature by the Court and rejected
as manifestly ill-founded.
17.
On 6 June 2012, the Committee of Ministers’ Deputies of the Council of Europe,
which supervises the execution of judgements of the European Court of Human Rights,
encouraged the steps undertaken following the identification by the CMP of missing
persons, while underlining the urgency to make further progress in the process of effective
investigations into deaths of persons identified.13 The Committee of Ministers’ Deputies
also called on the Turkish authorities to adopt a proactive approach as regards effective
investigations into the fate of persons who are still missing and reiterated their request to
obtain further concrete information on the steps taken by the authorities aimed at giving
CMP and investigative officers access to all relevant information and places, in particular
concerning military zones. The Committee of Ministers’ Deputies noted that a certain
9
10
11
12
13
www.cmp-cyprus.org/media/attachments/Quick%20Statistics/Quick_Statistics_November_2012.pdf.
Information received from the Secretariat of the Committee on Missing Persons in Cyprus.
European Court of Human Rights, Emin and Others v. Cyprus (application No. 59623/08), decision
of 3 April 2012, paras. 24 and 30; Charalambous and Others v. Turkey (application No. 46744/07),
decision of 3 April 2012, paras. 53 and 58.
Ibid., Emin and Others v. Cyprus, para. 36; Charalambous and Others v. Turkey, para. 65.
Council of Europe Committee of Ministers’ Deputies, decisions adopted at the 1144th meeting on 6
June 2012 (CM/Del/Dec(2012)1144) on the cases of Cyprus v. Turkey (application No. 25781/94)
and Varnava and Others v. Turkey (applications Nos. 16064/90, 16065/90, 16066/90, 16068/90,
16069/90, 16070/90, 16071/90, 16072/90 and 16073/90).
7
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