MEDİNE MAMEDOĞLU

Amed – On September 28, 2009, 12-year-old Ceylan Önkol was killed by a howitzer fired by the Turkish army while she was pasturing sheep in the Xambaz hamlet of Şenlik village of Diyarbakır’s Lice district. She was buried in Yayla Demirlibağ (Dolek) hamlet, where her family lives. 12 years have passed since the incident took place but no one has stood trial for killing her. The investigation launched into the incident resulted in non-prosecution. The lawyers applied to the European Court of the Human Rights (ECtHR) after all domestic remedies were exhausted; however, the court ruled that there was no violation in terms of effective investigation and right to live.

“She is always 12 years old”

“I haven’t mentioned her name since then. For me, she is always 12 years old,” said Ceylan Önkol’s mother Saliha Önkol. The prosecutor did not go to the scene on the grounds that the area was risky and did not have enough security due to the fact that it was a "terror likely zone". We spoke to lawyer Derya Yıldırım, one of the Executive Committee members of the Human Rights Association (IHD) about the legal process of the case.

“The prosecution protected the perpetrators”

The prosecution conducted an ineffective investigation since the beginning and the perpetrators were protected by judicial bodies. “Her family demanded legal support from us after the murder of Ceylan Önkol. And we, as an association, were involved in the investigation launched into the incident. Both family members and the lawyers of the family did their best to ensure that an effective and impartial investigation would be conducted by the prosecutor's office. The prosecutor’s office claimed that Ceylan Önkol hit a landmine with a knife and that the explosion took place because of this. However, this claim contradicts both the autopsy report and the physical condition of the crime scene.

“Investigation resulted in non-prosecution”

“In her autopsy, Ceylan’s feet and legs were intact after her death and this indicated that the explosion was not caused by a landmine or other explosive on the ground. There were no blast holes on the ground. Despite all evidence, the investigation launched into the incident resulted in non-prosecution. Our application to the ECtHR; however ECtHR decided that in either of those cases Turkey had not violated any laws or regulations. Thus, the public officials responsible for Ceylan's death were left with impunity.”

“Conflicts mostly affect children”

Derya Yıldırım indicated that thousands of people have lost their lives due to ongoing conflicts in the region, “These conflicts mostly affect children. Children are wounded, killed by gunshots, armored vehicles, or in explosions. Investigations should be conducted effectively and impartially to reduce right violations. Judicial authorities shouldn’t be affected by individuals or status, they must respect only laws.”

“The policy of impunity will cause new violations”

Derya Yıldırım drew attention to ongoing rights violations in the region, “The policy of impunity encourages public officials and causes new violations.”