Udenrigsudvalget 2015-16
URU Alm.del Bilag 208
Offentligt
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14/12/2015 –
02/03/2016 79 days of
Curfew
Cizre Review Report
31 March 2016
Aim of delegation
The delegation
Framework of research
Curfews – background
Observations on the streets
Houses used as headquarters / racist and sexist notices
Mass killings
Observation about state of children
Education
Report on health situation
Declaration of disaster zone / public land acquisition
General result and proposals
Content
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2 AIMS OF DELEGATION
Governor of The Provicincial Administration Law of Sirnak – District of Cizir declared a
curfew on the basis of Article 11 (law no 5442) on December 14, 2015, 23 o’clock. The
aims of the delegation was to report about violations of human rights, to identify any
need and make preliminary studies which could be the basis for future long-term studies.
3 THE DELEGATION
The delegation included members and executives from Human
Rights Association (IHD), the Human Rights Foundation of Turkey
(TIHV), Health and Social Service Workers Union (SES), Diyarbakir
Bar Association and Agenda Child Association.
Member of delegation:
Human Rights Foundation of Turkey
(Türkiye İnsan Hakları Vakfı TIHV)
Ümit Biçer,TİHV
Ümit Efe,TİHV
Coşkün Üsterci,TİHV
Human Rights Association (İnsan Hakları
Derneği IHD)
Öztürk Türkdoğ an
Hasan Anlar
Raci Bilici
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Canan Korkmaz, TİHV
Senem Doğ anoğ lü, TİHV
Metin Bakkalcı, TİHV
Feray Salman
Hatice Demir
Gamze Yalçın
Zana Aksu
Abdulkerim Husat
Emirhan Uysal
Mehmet Bağ atır
Civan Roni
Sağlık ve Sosyal Hizmet Emekçileri
Sendikası
Selma Atabey,
Lezgin Gözlek
Sosin Büğ day
Gönül Erden
Birsen Seyhan
Barış Yavüz, TİHV
Veysi Ülgen, TİHV
İlham Yılmaz, TİHV
Serkan Delidere, TİHV
Diyarbakır Barosu
Ahmet Özmen, Diyarbakır Barosü
Serkan Akbaş, Diyarbakır Barosü
Gündem Çocuk Derneği
Ezgi Koman,Gündem Çocük Derneğ i
Esin Koman, Gündem Çocük Derneğ i
Adnan Vüral, Gündem Çocük Derneğ i
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4 RESEARCHES
The researches were made on 6-8 March 2016 after the curfew was
declared. The observations and interviews are made in following
neighborhoods: Yafes, Cudi and Nuh.
Our committee could enter Cizir without delay on 06/03/2016
although there was a convoy of vehicles. On 03/07/2016 in Cizre
our vehicles were stopped and the delegation had to wait for
permission to go ahead with research works. Our committee had
to call Cizre Prosecütor’s Öffice to get the permission: after
reporting in our names and aims in city of Cizre. After about 1.5
hour we could enter Cizre.
Members of our committee asked on which grounds we had to
wait: officials notified that it was a general decision. Our delegation
wanted to see the decision on the paper. In return officials told us:
You will have to wait on or two hours since the papers are not with
us.
Althoügh there were no formal papers on ‘general decision’ oür
committee and their vehicles were researched.
The committee wanted to start its observations studies in Cizre
aroünd 09:30 o’clock. Büt düe to entering issües it coüld start on
aroünd 13:00 o’clock March 7, 2016. Some members, who were
supposed to set up the research studies, lived in different cities and
had to leave. Therefore the studies in the neighborhood were
postponed and a new working group was established. The new
group planned its observations studies on March 8. It was planned
that TIHV will on March 8, 2016 do the investigation in Cudi
neighborhood.
Before the examination on 5 March 2016, IHD wrote to Cizre
District Governorship, Cizre Prosecutor's Office, Cizre Municipality
and Cizre State Hospital Chief of Staff and asked to make an
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appointment. But only Cizre Municipality accepted an appointment.
5 Curfews – Background
Sirnak Governor’s Öffice declared a cürfew in according to
Provincial Administration Law 11/C no 5442 on September 4,
2015. The first curfew in district of Cizre started from 20:00 o’clock
and lasted until September 12, 2015. Second curfew was on 13-14
September 2015, the third curfew on 14 – 15 November 2015. The
longest curfew was between 14 December 2015 and 3 March 2016.
During the longest 79 days no citizen were allowed to be on the
streets etc.
‘To the püblic opinion
In our cities Cizre and Silopi a curfew in accordance to Provincial
Administration Law 11/C no 5442 has been declared from 23:00
o’clock 14.12.2015. This curfew is aimed to annihilate the members
of separatist Terror Organization, to clean mine other explosives
and ditches in order to protect citizens’ life.
‘It is already known by the püblic opinion that separatist terror
organization has blocked and prevented our citizens right
including the right to life. The terrorists have carried out attacks on
freedom and property of citizens. They have carried out attacks
with explosive traps and trenches that have made the every day life
hard. Citizen were deprived their right of basic public services such
as health.
Our citizens in suburbs of Cizre and Silopi will get all kind of
support in the framework of fundamental rights. In this sense, I
offer my most sincere love and respect for all our citizens.
Governor of Sirnak, 14.12.2015’
As from the statement of the Governor of Sirnak (see above) regarding the curfew there
is no further information following points: how will citizens get support, how can they
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leave conflict areas to more secure areas, how will they go to hospitals, if there houses
will be protected or not.
Governor of Sirnak declared in a written statement on 2 March
2016 that the curfew will be in force from 05:00 o’clock üntil 19:30
o’clock.
Chief of Staff of Turkish Army stated on February 24, 2016 that in
Cizre as many as 665 people have been rendered ineffective, which
is another term used for killed militants.
Issues of legality regarding curfew
We think that there is a problem with the legality of curfew in Cizre
that lasted for 79 days. In addition to international human rights
instruments Turkey has its own agreements and laws. In case of
restriction of fundamental rights and freedoms in Article 13 of the
Turkish Constitution, it says all situations shall be clearly written.
Law no 5442, Article 11 of Provincial Administration does not
provide authority to declare a curfew by the provincial governor.
There is no such phrase in the law.
Measure of curfew is written in law and can be applied in case of
emergency or martial law. But the duration of the latest curfew has
never been implemented even in a state of emergency or martial
law in recent history of our country. But human rights violations
can be naturally understood or estimated. The curfew decision of
government which was implemented by governors and districts is
illegal and also against article 15 of Human Rights Agreement of
Europe.
5.1
REVIEW ACTIVITIES BY CIVIL SOCIETY ORGANIZATIONS
AND PROFESSIONAL ORGANIZATIONS IN CIZRE:
- August 28, 2015. Diyarbakir Bar Association Study:
Two
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children and two public official, total four civilians lost lives.
President of Bar Association Tahir Elci and board members payed a
visit to Cizre in connection to these developments. A report on this
matter was issued on August 31 2015. To access the report:
http://www.diyarbakirbarosu.org.tr/H-610-2015-08-
31%2007:06:16-cizre-de-yasanan-sivil- olumlere-iliskin-inceleme-
raporu.html
-12 September 2015 Social and Legal Research Foundation’s
(TOHAV) Visit:
Law Bureau of Asrin, Regional Bar Association of
Contemporary Lawyers Association, Association of Lawyers for
Democracy, Social Rights Association of Contemporary Lawyers
Group, Liberal Democratic Lawyers, Law and Society Research
Foundation and many other lawyers took part in the delegation
that visited Cizre on September 4, 2015. The aim was to put
pressure so that the curfew could end, to detect human rights
violations in Cizre and draw attention of the public and to create
awareness on national and international level. To access the report:
http://www.tohav.org/wp-content/uploads/2015/10/CIZRE-
RAPORU.pdf
-18 September 2015 the Turkish Medical Association (TTB)
payed a visit:
Health workers of different institutions visited Cizre
in order to observe and identify the status of health care
organizations and public health was held visits Cizre. To access the
report:
http://www.ttb.org.tr/images/stories/file/2015/cizreraporu.pdf
-22 September 2015 Mazlumder visits Cizre:
a delegation of
Mazlumder visited Cizre, a suburb of Sirnak and prepared a
comprehensive report. The report states that people living in
neighborhoods of Nur, Cudi, Yafes took refugee in basements,
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secure rooms of their homes in order to not become the target of
clashes. To access the report:
http://docplayer.biz.tr/9785228-
Mazlumder-cizre-olaylari-gozlem-raporu.html
-20 October 2015, HRA, TIHV, TMA and General Practitioners
Association visit Cizre:
civil institutions prepared a review report
on curfew that lasted from 04.09.2015 to 09.12.2015 in Cizre
regarding human rights violations. To access the report:
http://www.insanhaklaridernegi.org/wp-
content/uploads/2015/10/Cizre- I%CC%87nceleme-Raporu.pdf
-3 March 2016, Human Rights Foundation of Turkey Human
Rights Association visit Cizre:
A day after lifting of the curfew
IHD President Öztürk Türkdoğan and Forensic Medicine Specialist
Professor Dr. Protect Fincancı made an emergency visit to Cizre
and prepared preliminary reports. To access the report:
http://tihv.org.tr/wp- content/uploads/2016/03/3-Mart-2016-
Cizre-%C3%B6n-rapor.pdf
6 MEETINGS AND OBSERVATIONS ON
THE STREETS
6.1 Y
AFES
STREET
GENERAL OBSERVATIONS AND EVALUATIONS
Our study group walked through neighborhoods of Yafes, Park
Caddesi, street of Sinir among some other streets. Some
observations and photographs of the region were taken.
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Statements from people living in these neighborhoods were asked,
condolences were made during visiting families of those who lost
their lives. Needs of people were noticed.
This is only a preliminary report and therefore includes only a part
of the whole story and reality.
1. It was observed that people were busy in stressed to go back to
their homes after lifting the curfew.
2. External, all houses in the neighborhood were destroyed. A
general opinion was dominant: the destruction were mainly by
mortar shells, grenade launchers, barreled weapons and bullets.
Severe damage to houses was widely visible. Many homes have
been rendered uninhabitable. According to the statements of
people living in this area, tanks of the Turkish Armed Forces
located in the opposite slope, have continuously bombed the
neighborhood with grenade launchers. This statement is consistent
with the general observation.
3. Electrical transformers removed from their place, electricity
poles have been damaged and electrical remain where the fell.
4. Any barricades in the neighborhood did not prevent the
entrance.
5. On the streets of Park, some of houses, especially who are very
beautiful are hit by cannon fire. The damage are severe and
therefore no one can live in these houses any more.
6. There is no water and electricity in this street. Sewer and
infrastructure have been completely destroyed.
7. A mosque located on the border neighborhood street is totally
destroyed. Houses around the mosque are also completely
damaged. There are piles of stones near the mosque. If no
notification regarding the mosque will be made, no one will
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understand that there is a mosque among the pile of rubble.
8. People are nervous angry and are in a miserable situation. But
they show respect to us. They share their problems amid warm
feeling towards us.
9. Settlers in the neighborhood of Yafes lived in their homes, but 25
days after the curfew they were forced to leave their homes.
10. People were forced to leave their homes because the snipers
and Turkish Armed Forces deployed around State Hospital and on
the opposite hills were continuously bombing on anything that was
moving. People were defining the violent bombings as ‘if they hit üs
from the sky’.
11. after heavy bombardement, people was asked to leave the
neigborbood. Many masked and uniformed security forces entered
the neighborhood and forced people to leave.
12. Settlers confirmed that when they left their houses were not
severe damaged and they could still live their. Meanwhile their
food stocks were made due to the curfew.
13. Homes of settlers, who left their homes after 25
th
day of curfew,
were damaged and their doors were opened with many heavy
types of equipment.
14. It has been observed that all houses along the way have been
destroyed and have collapsed as a result of the shelling and many
of them have been set on fire.
15.
Some of houses appears as if there is no damage, but their
gardens have been collapsed and traces of fire have been detected.
When we entered the houses everything is destroyed, windows are
broken, white goods are destroyed with equipments such as
sledgehammers. Almost all the furnishings in the houses are
damaged. Items such as computer, tablet and mobile phones are
stolen. Photo albums, underwears and other clothes have been
placed on the floor. Racist, sexist notes that glorify violence and
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against people’s valües and beliefs are written on walls. Shit have
been made in the houses, there are traces of urine inside houses.
Foods that have been stocked are stolen. The privacy and human
dignity have been ignored. The treatments are worse than enemies.
16. Families who have been forced to leave, first left for more
secure neighborhoods in Cizre, afterwards they had to leave again
to other secure places like Antep, Mersin and villages, looking for a
new secure place to take refugee.
17. It was observed that faith places, mosques and cemetery are
destroyed. A Mosque is totally destroyed. It was observed that the
mosque was compiled to a pile of rubble.
18. The delegation talked to children on the streets. They said they
could not go to school due to the curfew, they were very scared and
they were affected. The next day curfew ended, but the children
said they do not want to go to school, but will do their work at
home.
19. Our delegation could make some observations and
communicate with the people on the street. Families never come
face to face with barricades to state security forces. The barricades
were possible to be removed through dialogue. People who where
killed were mostly by snipers and armored vehicles that were
deployed on the hills outside the city. The settlers also said that
after they left their homes, security forces looted and damaged
their houses and attacked their values and beliefs.
20. Settlers told us that Municipality of Diyarbakir had distributed
food via a mobile vehicle (with a chart saying ASXANE, means
kitchen in Kurdish). The mobile vehicle and people distributing
food were totally hygienic and have been here since 2 days ago.
People stated that since morning about 1000 people received soup,
about 2000 people received lunch. There are more people in need
of help in regard to food distribution but the vehicle is unable to
meet this demand.
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Cementery damaged
On 07 March 2016 a visit was made to Cizre, street of Sur. First
observations were made in Cizre cemetery. Our delegation found
out that some graves of militants were destroyed and their tombs
damaged. A wall at the entrance of the cementery was also target of
bullets.
During a previous ban 18-year-old Ösman Çağlıyan lost his life. His
brother and mother were at the grave. They stated that together
with Osman, 5 other people (Ibrahim Nayir, M Sait Cagdavul and
two other unknown) were buried in the same grave.
According to the statements of Ösman Çağlıyan's brother; His
brother was killed on their street, the street of Cudi/Ziraat. His
brother died from loss of blood, because he did not receive medical
help in time. They could only drive his brother after a long wait.
Mother of Osman ÇAĞLI said as following:
“My son Osman was 18 years old. My son was shot and killed while he
was at home. Our house has two floors. We are not living on the top
floor, we were staying downstairs due to shellings. We were on
second floor when about 20-30 bullets were shot at our house. We
saw two armored vehicles during these shellings. My son Osman was
shot around 6- 7 o'clock in the morning. Osman waited long time
after being shot. Later on his father and brother took him to the
hospital. Later on Osman died due to loss of blood."
Damaged mosque
A mosque called Hazrati Ali (people did not remember the name
very well) in Sur and Cudi neighborhoods was completely
collapsed into a pile of rubble. Belongings of the imam of the
mosque were layed on the rubble. This mosque "second basement,"
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he said the place has been found to be just the opposite. This
mosqüe was on opposite site of a place called ‘the second
basement’.
Store set on fire
It was observed on the Street of Nusaybin a big store called Bellona
that is located under a big apartment is totally burned and fire have
also continued to upper floors. We asked people why this building
was burned: they told us that some slogans were written on the
walls of store. Therefore the store was set on fire in order to give
back due to revenge.
Petrol station
BP petrol station in Nusaybin Street has been completely
destroyed. Along the way there are many walls with two holes,
many windows are completely broken. Many houses are ruined.
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Some observations and interviews are as follows:
Neighborhood of
Yafes on the Avenue of Park
5 and No. 11 buildings: broken doors, interior furnishings are
completely unusable.
20 of the building: The house has been completely destroyed. No. 17
buildings: the garden wall of the house is demolished.
Statements from settlers:
“The Battalion in Bozalan village and tanks from hills were bombing.
We did not leave our house during 25 days. Our house was randomly
bombed. There was no mutual confrontation in the neighborhood.
After 25-26 days when the bombings started to increase, we had to
leave our house. We took refuge in places were still unaffected by
bombs. Later these houses were bombed as well, we had to abandon
our refugee and settled in another town or village. When we left our
house there were no damage in our house. But when we returned
home we noticed that all white goods, television and windows were
broken with bullets. Our goods were torn apart and lightweight
goods are lost.
Neighborhood of Yafes, street of Sınır
D
oors of all the houses on the street were broken and all
electronic
goods household are broken. It is observed that goods are
unusable. The status of some buildings are as follows:
No 30 building: the Martyrs Mosque of Ahmet Demir is completely
destroyed.
Statements of the settlers:
“This mosque was unaffected when all people left the
neighborhood. It was later demolished," they said. They said that
they thought that a bomb destroyed the mosque.
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No 28 building: The building is located at the end of the Martyrs
Mosque Ahmet Demir. It was demolished together with the
mosque. 6 people were living here before the ban: 4 children
together with their parents. This family had to leave together with
other families after 25 days. The house was unaffected by
bombings. After the evacuation the house was damaged.
A father living in this house:
“25 days after the curfew we left for Dağkapı neighborhood. After 35
days we took refugee to our relatives. Later we left for the province of
Sirnak. The bombings and shelling started here too. Therefore we left
again for Gaziantep. My family is in Gaziantep. We live in an
apartment where we pay for it. I did not bring my family back home
since it is not usable. Inside, our goods have become completely
unusable. Our furniture are broken and thrown on the ground. Many
things in our house have been stolen. Our dowry goods are lost or
stolen. Approximate value of the missing items is around 10
thousand. They looted our house officially, "he said.
No 32 building:
The building is totally destroyed. Second floor has
collapsed. This house belongs to Adil Meniz and it was told that he
lives in Mersin.
No
34 building:
6 children lived in this house. All materials inside
are looted. Settlers are trying to continue their lives under difficult
circumstance. They cannot work and therefore have no money to
continue their life. Goods in their home are either looted or taken.
No 36 -37 building:
In this house live father and brothers of Özgur
Taskin, who was killed during the first ban. Özgur Taskin was killed
during the first ban which lasted for 9 days and he was 17 years
old. His father said that before second ban started his wife and
children left for village and are he is back to see what happened to
their homes. Windows and television are broken. Their neighbors
said that goods that were stocked are gone as well. According to
the owner of the house about 3000 TL value of goods are gone.
Other goods in the house are not usable any more.
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No
37 building:
Windows are broken and walls are full with bullets.
38 nolu bina:
The roof of the house was completely destroyed,
water tanks broken, the destruction has occurred in the upper floor
of the house as well. 3 families are living in this house. These
families sought refuge with relatives in the village after ban. The
house door was broken, things are not usable anymore.
Interview with C. A (women) on the street of Sinir:
“Helicopters were making flights during nights. Suddenly the bombs
began to fall on the house. We tried to hide under deep blankets. We
stayed here for 22 days after the ban was issued. We had to leave
after the house was bombed. Then the soldiers and police officers
have entered the house. I saw them when they came. Their heads and
faces were covered. Tanks, and other armored vehicles walked
through the street. When the operations ended I tried to come to my
house again. I saw soldiers entering houses. They were traveling with
their faces covered and with armored vehicles. They told us: ‘There is
no God, there is the State, and all of you are terrorists.’ They wrote a
fine of 219 TL for me because I went out on the street. How can I pay
it? I have no home, no husband, she said.”
A child Yilmaz from the same neighborhood came to our committee
and stated that he went to 3
rd
class and is not afraid.
Many water tanks have been destroyed in the neighborhood;
shelves are dismantled and taken away. Troops and police who are
participating the operations are using the no 17 building as their
accomadation. The house is good status externally but due to
misuse internally the house is in very poor condition.
Our delegation has observed that vehichles of the municipality
taking away garbage lying on the street.
6.2 OBSERVERATIONS ON STREET OF C
UDİ
Date:
6 - 8 March 2016
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Our study group, starting from the street where the first basement
Bostanci is, visited also the second basement on the street of Narin
and made general observations. Witnesses have been heard. The
delegation visited also Zeynel Abidin Street, Reyhan Nile Street in
the neighborhood of Cudi. Interviews were conducted with families
returning to their homes 24 hours after lifting the ban.
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GENERAL OBSERVATION AND EVALUATIONS
1. During the entrance of Cudi neighborhood a smell resembling
burnt body has been detected. Many buildings in the neighborhood
Cudi are destroyed completely, most of which are uninhabitable;
heavy weapons and shelling have destroyed or rendered them.
2. In Cudi neighborhood where the first and second basemens are
located, buildings near neighborhood of Sur are totally destroyed.
There are piles of rubble. Residents are mixed and they even say
they cannot find the location of their home. Almost all of the
buildings in the neighborhood Cudi are severely damaged.
3. According to our observations and also to witnesses securitz
forces who were deployed on the hills and in the Primary School of
Ahmet el Cezeri have attached the neighborhood of Cudi with
heavz guns since the havoc and damage are really severe.
4. residents told us that 15-16 days after the declaration of curfew,
many people left their homes because securitz forces were
annoüncing the whole time ‘evacüate yoür home, if not we will
destroy them, we will üse chemical weapons’. Düe to these threats
many people left their homes. We learned that many people took
many risks and were using white flags.
Sokağa Çıkma Yasağının Ardından Cizre: Gözlem Raporu-Mart 2016
10
5. Snipes on the hills and other places were shooting at everything
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that was moving. Many human rights violations occurred.
6. Statements from residents also say that people who were
wounded could not receive help from ambulances. They had to get
help themselves.
7. All witnesses said that when they could get out and leave their
homes, they only took some clothes with them, everything else
remained inside. They lock their doors and left. Afterwards when
finally coming home they found out that security forces have
broken their doors, TV among all goods and material at home; even
their personal belongings such as photographs, bras and
underwear were misused and spread on the floor (security forces
had done it).
8. Witnesses said through the misuse of their houses and
belongings, women were dishonored and objectified.
9. Water tanks, infrastructure and electricity lines have been
seriously damaged. There is no water and electricity in the
neighborhood. Electricity lines are lying on the ground, therefore
threatening. Meanwhile garbage is also lying on the ground which
is another serious point for health.
10. it was observed many residents were returning home after the
curfew eased. Many of the residents were cleaning one room and
closing holes in the walls with plastics. In the evening by the end of
permission to be outside, there was still no electricity and water.
Due to the limited curfew many people was affected
psychologically.
11. Residents were talking about the emergency of food and
clothes.
12. Witnesses stated since the implementation of curfew on 14
December 2015, children have not gone to school. Therefore it was
observed as the right of education is violated. Children don not
want to go to school anymore. Some of schools have been used as
headquarter by soldiers.
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13. Children are playing among rubble. Residents fear there might
be explosives which are threats to children.
14. In Cudi neighborhood security forces have written rasists notes
on walls: ‘long live to Repüblic of Türkey, long life to Türkish race,
no legend is written by dresses.’ Therefore traces of hate crimes
were seen.
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15.
It has been seen that adults are angry. Children are scared by
any sound they hear, they have problem with insomnia,
nightmares, and psychosomatic complaints are intensive.
As a result of our interviews and observations particularly
the right to life including violation of the ban, the right to
property, housing, education is severely violated. The right of
access to health care and privacy is also violated.
Prosecutors have not visited crime scenes to determine
violations: any evidence have been efficiently collected.
Therefore proofs are gone as well.
16.
17.
First basement (street of Bostanci no 23.)
In accordance with the wish of forensic expert Professor Dr Umit
Bicer a wide study is done after the entry of the basement is
prevented for further people. First basement was always crowded,
people were visiting.
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Mosque of Kerenk
The mosque of Kerenk have been seen on the road to Narin, street
of Cudi Mehmetcik no. 23. The second basement is also located
here.
Security forces have severely damaged the mosque; the outer walls
are full with traces of bullets, windows and door are broken. There
was rubble and broken glass inside the mosque. Carpets for
praying are lying on the floor. Rugs and religious books was
observed to be lying around.
Second basement (street of Narin no 6)
Rresidents accompanying our study group said second basement is
actually under a five-story building. But the building was
completely destroyed and there was a pile of rubble. Neighborhood
residents said that they particularly during sunny and warm days
there is a very intense smell of bodies from the second basement.
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As the building of the second basement collapsed, security forces
have collected all evidence and thrown them into River of Tigris.
(See. Section 8)
Third basement (Street of Akdeniz-Beyazıt Sokak)
Our working group went to the area located immediately behind
the second basement and entered the third basement. However, in
the third basement cellar piled on each other. Therefore it was not
possible to examine in this state. Other buildings around the ruined
are also completely destroyed. (See. Section 8)
Observations and interviews on the street are as follows:
Meeting with GS, C., Ş., A.
Meetings and interviews are done with students (4 females) from
9
th
grade, 10
th
grade from Atatürk Anatolian High School Science
High School. The school is located near the third basement.
Children said that since the curfew began on December 13, 2015,
they could not go to school. The roof of Atatürk Anatolian High
School has been partially burned. Therefore children are doubtful if
school is going open soon.
"We cannot go to school. My sister cannot take part in the
examination of YGS this year “one of the girls said.
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Two of the children said during the curfew security forces were
deployed in the neighborhood. Therefore they did not leave their
homes during curfew.
"Soldiers and police were in our neighborhood and were firing to the
opposite side, therefore a bomb or a bullet did not target our house."
They said security forces searched the house three times, and "the
soldiers acted a little better, special operations police acted much
tougher. In fact, they acted badly all of them “they said.
All children have sleep disorder complaints: "We cannot sleep
comfortable. We are in a constant concern. I wake up when I hear
the sound of vehicles. "
One of the children said she sleeps for a long time (about 12 hours)
the others said they have difficulty falling asleep others have
interrupted sleep. They mentioned they have the symptoms like
nightmares from time to time:
"During curfew we were going to bed as soon as it darkened and was
listening to the gunshots and explosions ... there was no electricity.
Therefore, we woke up early in the morning ... "," The food supply was
constantly little therefore we eat rice and bulgur all the time ...”
E. A. (Women)
E. A who has a house on the street of Nil, Cudi neighborhood; "You
can see the state of our door and our home. They broke and spread
things everywhere. TV, refrigerator, they broke all the utensils and
household appliances. I have three children. None of them go to
school. I am an HDP employee. They broke down the door and
searched the whole house. There was a photograpf of Selahattin
Demirtas in the room; there was a photo of Ahmet Kaya. They tore
it all. We were very aggrieved. Fortunately no one was killed in our
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home. We are thankful “she said.
S. M. (Women 23 years old)
S.M was met on the street of Cudi:
"I'm living in Sahintepe of Sur neighborhood. After the curfew
began I, my husband, my child and mother-in-law went to the
house of my father in law in Sirnak. There were announcements
made from armored vehicles saying ‘if yoü do not yoür home, we
will use chemical weapons’. We had to protect ourselves and leave
for Sirnak. There were snipers on the hills who were shooting
everyone in motion. We have worked very carefully and we have to
go to the street. My child is 4 years old. The child was very afraid of
gunfire and was crying, and still cries when a cop is seen. After the
curfew, we return to our home in Sahintepe. The door to our house,
my clothes closet, they broke everything. There were snipers on all
the buildings during the period of the curfew. But this time we had
to heat up our homes with a chimney. However, due to smoke from
homes, soldiers were firing on them. We already made
preparations for our nutritional needs. We stock supplies. My child
is now in very poor condition. The child is very afraid of all sounds.
We are victims. People have died and have been killed "she said.
S. K. (Women)
S.K has a house on the end of street of Cudi, Bostanci:
"I have four children; one of my children has disabilities. We had to
stay on the same place with 20 people during 19 days. 20 days after
the curfew we went to my sister's house in Kumçatı. I came back
again to my house in the neighborhood Cudi 10 days ago. When we
came back home, fridge, TV and air conditioning were damaged.
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They broke all our belongings. All underwear of my granddaughters
was hanged on the door of the bra. They tore all our photos. They had
written TC and JÖH on our refrigerator. Special Soldiers asked me:
are you helping youth? Are helping terrorists? And they were trying
to detain my by force. My children could at the end help me and
stopped them detaining me."
S.K (18 years old)
"I'm going to 12th class. I did not go to school this year. I live with my
grandmother. 20 days after curfew we left for Kumçatı, to the house
of of my grandmother's sister. I will do the examination of YGS in
Sirnak and Diyarbakir. When we returned home we found that our
house had been broken, all our belongings destroyed. Many of our
lingerie were pasted on wardrobe with our fotos. So it was we were
ashamed to see them. They have done it in many homes. Cops were
blaming us for clashes and said: 'Why did you remain silent in
advance." To meet our nutritional needs we had some stock supplies
in advance, but most of them got old. Therefore I went to the store
several times, jumping off the roof and through the holes of the house
to reach the supermarket; otherwise they could kill me as well. We
have no water, we have no electricity. We called 155 on Day 20 of the
curfew. The sound of weapons and attacks had increased and we
could leave the place after putting our hands up with a white flag,
then we went to we went to Kumçatı. Our neighbor Sukri was shot in
the street behind our house. He was injured, lying on the ground from
8 in the morning until 20:00 in the evening. In the morning neighbors
risking their lives, took Sukri to the hospital. "
Observation of Special Police Forces
When we were talking to residents a woman called S.K panicked
and said ‘they are coming, get oüt’. Her grandson (18 years old)
was also in panic and said ‘ don not go oütside, they can harm yoü’,
closed the door to the garden. Other girls were entering the house
as well.
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In order to help people calm down, we went out of the garden and
saw soldiers with long-barreled weapons in the hands in two
armored vehicles in front of the door of the four-storey building.
They were masked and were members of special operation police.
The other members of our working group met with police chiefs
and were asked if we were journalists. They wanted to see our
identities. Our group identities were shown. When we asked to see
their identities, they told üs ‘don not yoü see that we are officials.’
After our objections, soldiers were using their identities.
Our delegation asked why soldiers were visiting the area, since
their visit made the residents afraid. They gave us no answer.
Violation of human rights
House no 8 on the street of Nil, in the neighborhood of Cudi has
been damaged totally. We went to first floor of the building, finding
broken glass, torn curtains and traces of firearms in the room's
ceiling. In addition, a woman in the building said to two people
(one man, one woman) was killed by security forces.
E. K. (Woman)
"There were continually sounds of guns. We stayed in our house until
the 20th day of the ban. My wife was sick when we called the
ambulance, my son and I, we move her to an ambulance. We left the
house without taking anything. Now our house has been demolished.
Two weeks ago, 20 people was killed in the basement, one of them
17-year-old M.Ş. was. M.Ş is my aunt's grandson. The government
killed him, the bullet came to the head and chest. We buried him in
Nusaybin. "
A. Y. (Male student, 14 years old)
"We live in the neighborhood Cudi. We called 155 and said we
wanted to go. They said not to go out. On the 16th day of the ban, my
mother, brothers, uncles and sons put white flag up and left the
house. We were about 20 people. My grandfather and grandmother
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had never been outside during prohibition. My 18-year-old brother
was a high school student. He lost his identity and had to stay here
together with my grandfather and my grandmother. They took
refugee in the first basement after the increases of clashes. We were
able to get news from them after 10 days. They were exhausted. Then
we have not heard from them since on January 29th. Then we learned
that he died, they took him to Gaziantep. His body was burnt, the
body could not be washed. Only bones remained. He was buried on
February 26; the police did not allow anyone except my father and
my uncle to take part in his funeral. Currently we returned to our
house in the middle of the burned Cudi neighborhood, 15 people are
living in one room. Currently we do not have water and electricity. "
H. Ç.
"I live in the Cudi neighborhood. My uncle's son, 22-year-old Murat
Ekinci lives also here. Murat was shot by snipers on 20th January; his
body was left at the ground 2 days. Later, the funeral took place and
his family and HDP deputy Faisal Sariyildiz. My other cousin
Muharrem Erbe (16), Mahsun Erdogan (20) and Sabri Sezgin (18
students) remained in the neighborhood to get the body of Murat.
They could not get out and sought refuge in the first basement. Later
on they too were killed by police. They have burned the house of mine
and my uncle. We are now staying with my uncle, the kitchen
collapsed, we can live in other rooms, and 25 people stay in this
house. The house has no door, no window; there is no water and
electricity. "
Regarding Impact of Economic and Social situation in Cizre
Jewelry Artisans (Male)
A jeweler responded as follows about our question regarding the
impact on economy and social life during the curfew:
"When a woman sells her earrings among other jeweleris it is a
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shame and cruelty. During the curfew women come to sell her
earrings and wedding rings. When this is the case, then has her
husband already sold his jacket. So consider what has become of the
economic and social life."
E. M (Woman, 61 years old)
"I live in Cudi neighborhood, street of Gursel Cad. No. 90. We recently
stayed in our house until the 19th day of the ban. After shelling we
had to leave. We came back after the ban lifted. Our relatives went to
the surrounding cities and towns. We took refuge everwhere. Our
house was hit, soldiers have entered the house, broken our doors and
windows and water tanks also hit. Currently we do not have water
and electricity."
Z (Women, 43 years old)
"We're sitting on the street of Bostanci in neighborhood Cudi. We
went because of shellings and clashes after 19th day of the ban. We
set up hands with white flag. They tore our garden, we had a taxi,
now it is damaged, and they broke the windows. We have no
electricity and water. "
N.N a woman, about 50 years old
A woman that was seen on the street of Narin was interviewed. She
said her 22 years old son is lost since 35 days. She adds that since
the removal of the ban she is waiting near the debris of the second
basement every day. Due to security reasons she does not want to
give personal information. She says in case if she will find any pice
of clothes she will be able to find his body. Therefore she is not
leaving the wreckage.
N.N (male 35 years old)
N.N is very agry when he is telling the realities:
"In the early days of the start of the curfew we left because the bombs
began to fall. We're staying in a nearby village for three months. I
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came to see the condition of the house, but I can not find my house. I
had difficulty finding the street. We will be back even if there is only
pile of rubble. There will be no place else to go ... It is said that
chemical weapons were used. Did they kill these young people with
chemical weapons (pointing to the second basement), right? "
N.N male, about 45 years old
He is pointing to a building on the street of Narin;
"This demolished building is mine. I had nine appartments, now as
you see nothing is left. What can I do? How do I earn my life? Who
will pay? Where were you before people died, you should have come
before atrocities started. There is nothing you can do here. Go to
Nusaybin, Sirnak before the same thing happen over there too. "
Employee of Cizre Hope Special Education and Rehabilitation
Center (Zeynel Abidin Street)
"It has been messed up inside the school. All items are scattered and
destroyed, I have trying to clean since a week. But it seems it is not
like to clean, there is no water, no solid materials. We are unable to
make renovations. There were more than 200 students of the school.
We need to open as soon as possible. I live in another neighborhood. I
was working here. What will now happen to these students? All of
these houses have been fired with grenade from hill. They have
entered and burned belongings inside. "
61 years old woman interviewed on the street of Reyhan
"We came two days ago. Where shall we go? We are living with our
relatives in the village for three months already. Nothing has been
left at home. They have taken our clothes among every thing at
home. Our house is ontaminated. In case you had come 1 week ago,
you could see the ruins of the five-story building, but now they
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have been removed. They have demolished a house by trucks. We
did not take anything than our clothes right now on us, before we
left. We have nothing left. Our water tank is fragmented. There is
no water. Municipality brings sometimes in water but it is not
enough. There will be no electricity before one month more. Where
shall we go? I have a lot of children and grandchildren. "
6.2.1 Center of Turkey Human Rights Foundation and Chamber
of Doctors of Sirnak
We are commemorating TIHV volunteer and SES Cizre Representative Board
Member Abdul Aziz Yural who was shot on 30
th
December 2015
On March 8, 2016 an investigation was conducted. The Center is
located on the street of Nusaybin and the entrance door of the
building is on the Beyazit in Sur neighborhood. Buildings in the
middle of the 4
th
and 5
th
floors and who are named as "basements"
are understood as headquarters by security forces. Rests from
ammuniction have been found.
It was observed that the center of TIHV and Chamber of Doctors is
broken by sledgehammers. The center has two rooms, kitchen and
toilet. (Photo 1 and photo 2)
Photo 1
Photo 2
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The center is unlike the other apartments not inhabited and there are traces of
damages done by will. On the kitchen floor rocket launchers, bullets and
ammunition were founded. (Photo 3 and Photo 4)
Photo 3 and Photo 4
The kitchen is also used for the incineration of electronic material as is evident
from the remaining parts of the documents belonging to TIHV. Therefore, it was
observed that goods have been transported and burned. Localization of ash also
refers to this situation. Kitchens has been burned according to a plan and later on
the fire have been extinguished. (Photo 5 and Photo6)
Photo 5
Photo 6
All of the apartments on the upper surface of the floor and
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furniture are widely seen as black. In the rooms used by the HRFT
all materials are scattered on the floor completely and documents
are burned. Like one of the furnitures 1 seat was found in another
apartment. It has also been understood that fragments used as
mattress by police who conducted the operation on the top floor.
They have also used the examination seat and wood for heating
purposes. Laptops of TIHV have not been found but there are metal
rests indicating being part of a laptop.In this respect, the method is
not suitable and if the apparent widespread confiscation has been
carried out during search operations in the entire city, there are no
records. And is also still doubtful whether the computer could be
back after an investigation. It has been observed that laptop and
computer case in the Chamber of Doctors are gone. Documents
have been transported to the kitchen.
TIHV on March 3, 2016 made an application to Cizre District Court
to make an investigation into the reasons why the Center has been
damaged. But on 07 March 2016, the Court rejected the wish
because such applications are cleared by Governship Damage
Assessment Commission, the officials claimed. This situation
suggests that there is an understanding of of financial loss to Cizre.
The TIHV is aiming to contribute to the rehabilitation of victims of
torture. Therefore the burnung action and the extent of the damage
are clearly not due to financial matter. All these methods of
punishment are used in order to stop TIHV to work in Cizre.
On March 08 2016 a delegation of Ministry of Environment and
Urbanization visited the offices of TIHV and Sirnak Medical
Chamber to make an assessment of damage in the buildings. Their
assignment letter was not submitted to the owner of the building.
We received information that there is a delegation of 45 staff and
they have also done similar work in Silopi. The assessment papers
require the signatures of headman of neighborhood and azans
(religious official at the mosque). But this is not the case. There are
similar situations in other districts. The headmen of neighborhood
or azans are not included in such works. There is a program of
conversion of urbanization in Silopi and Cizre. Ministry officials
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have arrived in the town in order to assess the loss and damage
after the end of the ban. In addition, special operation units have
warned people not to let these teams to visit their houses (from
inside).
In Cudi neighborhood it was observed that homes and stores are
exposed to a huge destruction. Especially near the area of first
basement many buildings are only a pile of rubble and the damage
to homes and businesses are very heavy. Some streets have been
lost due to destruction and people have difficulties to find their
homes even. The neighborhood is still without electricity and
water. It was observed that municipal teams were trying to give
water supplies to residents. Especially women and children in front
of damaged building have attracted attention. In interviews with
them, they said even though it is a pile of rubble it is their home
and they have no other place to go. (Photo 7 and 8)
Photo 7
Photo 8
Three people, who were shot and wounded in the neighborhood shot, were
interviewed. All three persons were shot within the boundaries of the garden of
their home. They had to wait long hours to reach an ambulance even though they
called 155 they did not receive medical help from Cizre State Hospital. When
they finally could get treatment in the Hospital they were subjected to
pschological pressure from special police forces. Their treatment were delayed
due to ‘investigation’.
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During our interviews with injured people we learned that many
people in Cizre were injured and they never received a complete
treatment.
On February 11, 2016 two fotos of women bodies were share via
social media accounts. It was reminded that the in the clashes in
Cizre there will be sexual violences as well. It was also observed in
Cizre just like other cities, there were notes written on walls.
Groups or institution called JÖH and PÖH have been searching for
motivation sources. They wrote notices like: ‘my dear, love is made
in the basement, no revolution is made by dresses, heval with dress
(heval means friend in Kurdish), and girls we are here to destroy
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yoü.’ These notices were directly targeted at women.
During the day, the entire city is full with soldiers and Special
Forces. This was a threat for residents of Cizre.
6.3 OBSERVATIONS IN NEIGHBORHOOD OF N
UR
Date:
6 March 2016
When we left Cudi neighborhood and headed for Nur
neighborhood, along the way there were damage to all exterior
walls of the houses, some were partially or completely destroyed.
Some cars and homes were painted with the Turkish flag. Some
homes and cars were burned. People are trying to clean up. Many
white goods and air coditioning components have been removed
from homes. People are trying to creat places to stay in, in building
once being home to them. Municipality delivers water via water
tanks. In the neigborhood the electricity and water cuts is
continuing.
OBSERVATIONS AND EVALUATIONS
Our working group has planned to do research work on March 6
March 7 in the street of Nur in the Cudi neighborhood, where TIHV
Cizre Reference Center is located. A member of Union of Education
was planned to guide but had to leave for personal reasons.
Therefore the research work was done without guide.
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22
Family of A.
At the request of the S.A her house has been visited and
observations are summarized as below.
Her hous in Nur neighborhood has a garden and 3 floors, including
a rooftop. The family was interviewed for about 1 hour and at their
request photographs were taken. The owner of house said that
water tank and air conditioners are destroyed with heavy weapons.
After the announcement of the curfew the family was forced to
emigrate with his family for the center, where 46 people had to live
together. There were water and electricity cuts. Due to their
evacuation they were fined to pay 219 TL.
S.A, the oldest woman of the house, was living with her children
and grandchildren. S.A was living on top floor consisting of a
kitchen and 5 rooms. Due to shellings 3 rooms are totally destroyed
(Photo 3). There is no possibility to enter two rooms (Photo 2). One
room (Photo 1) is visible only through the door. One cannot enter
the room. Goods are not useable. There is no trace of life.
Photo 1 and Photo 2
Photo 3
In front of the house there were materials of ammunition rests.
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In the lower ground floor it has been learned H.A and A.A live together. H and A
is sewing to help household budgets. They use the room in the garden. Due to
clashes goods are broken and a large number of ammunition parts have been
founded. The house has collapsed. AA is and H.H has a kidney translanted. Her
father has heart disease. Therefore they need regular medication. Due to the ban
they have not been able to access to health services. During the curfew they
could use their medications bought before.
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A. A's smallest child is 2.5-month and her biggest is 15 years old. She has 8
children. Five of the children go to school. Her biggest child is student of 9
th
grade and studies in Mersin. The other child is student of 8
th
grade and studies in
Batman. 3 other children have not been able to continue their education due to
the curfew. When the curfew started the youngest child was 1 week old and was
born at home. Due to the ban child is not taken to the hospital; no vaccinations,
routine screening and follow-up have been done. After the birth, mother did not
benefit from any health services. The family wants that damage to their homes to
be investigated and those responsible to be punished.
After the meeting with the family on January 14, 2016, Huseyin Paksoy (1) who
was injured and could not get any help died 4 days later from his injuries.His
family was visited due to show their concolences.
At the request of the family in Nur neighborhood in Uçkan Street, a 5 story
building is examined. Findings are as follows:
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Along with family members in the apartment there are also hirers. The backyard
of the apartment is completely burnt and a car which is stated to have belonged
to the brother of the hirers is observed together rest of to ammunition and bullets.
In particular 3rd and 4th floors of the apartment are damaged by artillery fire.
For Huseyin Aksoy European Court of Human Rights decided on January 18,
2016 that he shall be urgently reached to the hospital urgently via its "Interim
Measüres”. In the resolütion, "the Coürt (düty jüdge), taking into
consideration the parties benefit to and carried out in accordance with the
proceedings before, the Government of Turkey as according to Article 39
must take all measures within its competence to protect the life and physical
integrity". On January 26 2016 the parties were requested to provide
information. (Application No. 3758/16).
1
M lives on the first floor. His house consists of 1 living room and sleeping room.
The living room is located at the level of the burned vehicle. Due to the fire and
damage from heavy weapons the room is no longer useable (Photo 1).
Photo 1 and Photo 2
In the 2nd floor there are 2 apartments. M lives on the third floor together with his
family. There is damage in the house consisting two rooms. The house is
searched. On the sam floor H.K is living with his family. The house was searched
during an operation called ‘cleaning operation’. It was observed that personal
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belongings were scattered, pc and watches were stolen. On the 4
th
floor a nurse
stays. During the search her home is also scattered. On the same floor the
apartment number 7 has been searched and a laptop computer is broken. In the
apartment on the 5th floor a hirer remains (number 8 apartment). The apartment
number 9 belongs to an English teacher. In the apartment especially Kurdish
books are burned. A store located on the ground floor is also heavyly burned and
damaged (Photo 2).
All apartments have broken doors, on the walls including kitchens and bathrooms
there are traces of military equipment parts. Windows, air conditioning, TV
among many other goods are broken.
HUMAN RIGHTS VIOLATIONS
Hediye Erden (56 years old)
Her son Abdulhekim Erden is working South Kurdistan. 17 days after the curfew
he phoned her. Because his mother was sick, he asked their neigbor, who is a
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doctor on State Hospital of Cizre. He asked them to take his mother to hospital.
15-20 minutes later the house was bombed.
Witness T. (woman) said as following;
“17 days after the curfew, while sitting at home, at a distance of 50
meters there were shellings. While sitting in front of the lower floor
of the house, I and Hediye noticed the artillery. We escaped. Hediye
got wounded and then she lost her life due to injury. "
According to T the body of Hediye Eren remained until morning.
Eren’s leg was broken. She was later büried in the village of
Boyuncuk near Sirnak.
T said; after the bombing they left for the village, they stayed in the
village for about 2 months, they returned one week ago. Erden has
two mentally retarded children.
The house is completely destroyed and it was observed that the
house is uninhabitable.
Hediye Şen (32 years old)
Husband of Hediye Sen who was to firs killed person during
curfew, M.S stated as following:
We have 3 children, in the age 3,6,9. On December 16, 2015 at 6:00 p.m. to
7:00 p.m. my wife was going to the toilet. There was no conflict in the region of
our home. She took the dirt of our child to the toilet outside our house. Whe my
wife went out, suddenly there was electricity cut. Gunfire was heard after she
screamed. I do not understand it. Afterwards I flew. Then I saw two bullets in the
air. We have our own house in neighborhoods Cudi. We live in house number 8
in the Street of Yasar. 8 bullets were found in my wife's body. 6 bullets in her
face, one to her left shoulder and one to the right abdomen. A bullet had cut her
throat.She breathes through her throat for about a half hour. We called 112. They
said bring to the street of Dört Yol. Since we did not have security it was
impossible to take her. I called 155. They told us to come.
There was no conflict in our region. 'Come please, they said they cannot come.
Phones were shut in my face. I cried, I cried, I wanted to help. The side wall of
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the adjacent neighbor did not even to come to help. One day we were in the yard
in the morning until the evening. My wife had prepared the food, standing there. It
is impossible that they did not that we were sivilians. I went out, I cried, I cried, I
did not want help from anyone. My wife was a teacher of Koran courses. She
gave religious lectures on her own. There was no conflict in the region is our
home. By morning, my wife stayed in the garden. Four Cobra-type vehicles and
military vehicles passed. We told the Imam. He tried to come. They shot at him.
Bullet had grazed the imam's feet. Imam called the Mufti. Mufti called the
Governor. Governor told to let the children leave the house. As a result of the
negotioations, we left our children to neighbor. I cove their mother and waited
until morning.
Mufti and Governor agreed to pick up my wife with a truck at 7:30 o’clock. We
went to Nusaybin Street. We notified the authorities at the beginning of every
street by calling 155. Imam, I and 5-6 and neighbors were present. We waited 20
minutes. They took my wife to Sirnak State Hospital. We buried the body in the
village of Güçlükonak Damlabasi. I went also to the funeral. We could not bury
her in Cizre. They did not gave us autopsy report or any other document. We do
not have a lawyer yet. Then we come to my father's house and stayed here."
Hacı Özdal (27 years old)
Our delegation visited family of Haci Özdal, showing their condolences.
We interviewed the father of Haci Özdal. Özdal said after 24 days of curfew they
left the neighborhood;
“"My two children were killed last five months. Haci Özdal married
and had five children. (Haci Özdal have children in the age of 2,
3,6,8,9). During the curfew, he was shot and killed with a grenade in
the courtyard of their home on December 24, 2016. A cow in the
house's garden was killed in the same manner. Ambulance was
called, which came after one hour to the park below the house. They
want to take Haci to the hospital wrapped in a blanket. Haci’s
brother Abdurrahman took him to the hospital, therefore he was
taken into custody. Once at the hospital Haci Özdal lost his lives.
Municipal buried him. We could not join our funeral. Four people
were buried. He was buried accompanied panzers. We do not have a
lawyer. I will follow the case of my children. "
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Abdullah İnedi (26 years old)
26-year-old Abdullah Inedi was killed during the curfew in the neighborhood Sur.
Our delegation visited family Inedi. His brother N.I stated as follows:
"After 23 days of curfew, attacks intensified. Therefore we went to
Dagkapi. Because my mother lives in Sur, my brother Abdullah bo
bring her to us. Abdullah was killed on 16 January on the street
around 09:00 am. I learned of the incident on television the next
day. I called the Faisal Sariyildiz. He said the body is taken to
Sirnak. The body of Abdullah was first taken to Cizre then to Sirnak.
When we left for Sirnak to take the body, we were afraid therefore
we never mentioned about the body. Special operations teams in
Cizre were insulting us. Therefore, we buried in Sirnak not in Cizre.
Only the prosecutors did the autopsy. No lawyer was allowed to
take part in autopsy.
During 12 days of the curfew, we stayed in this small room as you see here. We
were 36 people. Because there are snipers, we avoided the upper floors, we
were staying on the ground floor. Afterwards we left for the basement due to
securitiy reasons. We saw that the basement is saving; therefore we stayed there
12 days. 13 children were trapped in the basement with us. There was no
electricity. We used chimney, therefore when they saw smoke coming from the
chimney they attacked the home. We were left to our stock supplies in advance
and upstairs. When we got downstairs, there was no access to upstairs where
we had supplies. We tried to come up by crawling in order to get supplies. After
23 days curfew ended, then we went out in groups. There were attacks, heavy
artillery, and also announcements from vehicles about chemical weapons. Due to
these we passed through holes in walls in order to reach Nusaybin Main Street.
We saw all the broken stuff when we returned to our homes. They stole the
children's tablets. They had tored all photos of Ahmet Kaya, Ahmet Turk and
HDP. The state made genocide here. People were burned in the basement.
There was a curfew, people were staying at home but many were killed by
snipers in their homes. They did this to Cizre but their aim was to break glory and
honor of all Kurds. But local people did not kneel. The saste called a 3-month
baby and 70-year-old grandfather terrorists. They say trenches. There are
trenches only at the beginning of the street. If the trenches were the problem,
URU, Alm.del - 2015-16 - Bilag 208: Henvendelse af 25. april 2016 fra Fey-Kurd om rapport om menneskerettighedssituationen i Cizre, Tyrkiet
why did snipers killed everything that moved? The government could have solved
the problem of the ditch. The problem was not a ditch, according to the state the
problem was the Kurds. After the ban lifted officials in civilian clotses come and
asked for my people dressed in civilian clothes came to the house twice and
asked for my nephew. We are constant under pressure.
First, the bombing was done from the hills. When all streets collapsed they
entered the streets. We called many times 155, we wanted to leave, but after the
calls they fired more in our direction. It was as if we have reported about our
location. It was not a matter of ditches, trenches had been opened previously but
closed after dialogue, it could be solved through dialogue. They entered streets
as occupation forces in armored vehicles and armored bucket ".
İbrahim Akan (15 years old)
Our delegation visited and showed condolence to the family of 15-year-old
Ibrahim Akan who was killed in Sur. Father of Ibrahim Akan stated as follows:
"My son Ibrahim was killed on December 18 by snipers located in the hills in
the neighborhood Sur. He was shot dead by a sniper in front of the toilet door in
the garden of our house. It was around 6 o’clock in the evening, we had dinner.
Our groom Kadir was also present. He wanted to go home. Ibrahim said goodbye
to Kadir and then suddenly was shot in front of the sink in our garden. Our groom
was injured severely in the arm. The groom was injured in the left arm and was
treated in Istanbul, but is still not healed. We called 20 times an ambulance but
the ambulance did not come. Ibrahim was injured and waited several hours,
severely wounded. His uncle took him to the hospital but he died from blood loss.
Doctor said if he could come earlier, he could have been saved. Ibrahim's
autopsy was performed in Sirnak and he was buried in Cizre. They gave us the
news from the hospital and they told us to take the body for the funeral. But we
could not go due to heavy attacks. After 28 days my son was buried by the state.
Now I know where he is buried and go visit his grave. We were trapped in Sur for
24 days and then we went to nearby village. Since 4-5 days we are back in our
house again. There is much damage in our house. They broke down our door
with a sledgehammer. We could not receive my son's autopsy report. When we
called 112, the emergency they told us that the state does not allow them to
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come. We called 155 as well, but they said, do not leave your home. They broke
all the furniture in our house, TV, washing machine, doors, water tank, all is
broken. They have taken 9 blankets".
K.C who was injured in the attack on Ibrahim Akan, said as follows:
On December 18 around 18 o’clock, when I left the house there was an attack
from the hills, I got injured in my arm while my brother-in-law lost his life. We
called 112. But the ambulance arrived after several hours. The first medical
intervention in Cizre failed. They send me to Mardin, accompanied by police
officers. In Istanbul they detained me 2 days although severly wounded.
However, I was a victim of the incident and I was wounded. They took me to the
prosecutor in Çağlayan Courthouse in Istanbul; I was released from the
prosecution. A lawyer from the Bar Association assigned. I had to seek medical
help once in the Haseki Hospital and once in Baltalimani. I could have lost my
arm. Now I have photo of my arm. You can see how serious the injury was. I
want to heal after the treatment.
On the place were Ibrahim Akan lost his life and KC was injured, an investigation
took place. It was observed that you could see the Cizre State Hospital in a cross
position from the incident place. It was observed that doors, TV and many other
goods were broken. Numerous bullet marks were found on the walls, holes in
some walls were observed. Water tank on the roof of the house is hit and is not
longer useable.
7 Houses used as headquarters / racist
notes
A striking case related to homes in Cizre was detected inside the homes. It was
observed that police and soldiers stayed in some homes for a longer time. These
homes were completely disorganized: they had used it in a very dirty way. Police
or soldiers had written racists and sexists notes regarding women on the walls.
The racists notes were about what women do, their identities etc. The sexual
assaults were especially against women working in the public sector. Homes
which were not inhabited by special forces/soldiers or police there had been
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search: everything in house were scattered on the floor, lingeries, family photos
and similar thing have been torned. Condoms are left, many things like women
lingieries from other homes and vice versa have been left. Therefore there was a
suspicion regarding a potential of sexual assault. Privacy is severe violated and
is understood as a clear form of sexual violence.
Exterior of some high apartment building located at the entrance of the
neighborhood have severe damage. In one of them (Apartment C) is mainly
home to government officials. The door of apartment is broken, the elevator is
broken. Apartmens are heavily destroyed (including tennis rackets), computer is
lost, personal belongings such as jewelery are stolen. Some of the apartments
been used as a dormitory. There were cans of security forces scattered in the
apartments. In some of the apartments there are racist and sexist notes on the
walls. Clothes and personal belongings are taken and even big things that that
can not be moved such as electronic goods to damaged. In some houses there
were human shits on bed. Piles of garbage in the balcony were observed.
Women's underwear is scattered the entire house. On some photos of women
there are sexual drawings made. Transcripts about military operation were
detected.
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Sokağa Çıkma Yasağının Ardından Cizre: Gözlem Raporu-Mart 2016
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8
MASS KILLINGS
According to lawyers, MP Faisal Sariyildiz and municipal officials, people who
took refugee in basements asked for help through media. Due to these requests
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for help some of lawyers could make applications after the approval of families.
Lawyers made the applications to the Consititutional Court and European Court
of Human Rights. They asked for access to health care for those who were
trapped in the basements and a stop to the military intervention.
Nevertheless, both of the Courts wrote Sirnak Governor's Office regarding the
applicants' right to health to the government. But they did not give its decision on
the requested injunction. While the processes related to the injunction continued,,
we learned later that all applicant were killed and are not longer in a recognized
state. They were later transported to Cizre State Hospital. Lawyers, municipal
officials and other civilians said that people who were trapped in basements and
later on killed is a clear sign that ‘this is the end of the confidence in the judiciary’
and these incident shall be evaluated as ‘crimes against humanity’.
AYM ve AİHM’e yapılan Başvürülar:
1. Basement: Mehmet Yavuzel and others/Turkey (Constitutional
High Court of Turkey. Application No: 2016/1652)/ (European
Court of Human Rights (ECHR). Application No: 5317/16)
2. Basement: Mehmet Balcal and others/Turkey (ECHR)Application
No: 8699/16) Constitutional High Court of Turkey
3. Basement: Derya Koç and others/Turkey (EHCR Application No:
8536/16)
8.1 BASEMENT INVESTIGATION
House no 23 in Cudi neighborhood, in the street of Bostanci has been searched.
The delegation walked to this house via Nusaybin Street. Damage caused by
heavy weapons are observed and photographed.
There was no guard band in front of the building. Number 23 building had 4
floors. All of them are collapsed together with the entrance, except the first floor.
The entrance part has collapsed on the basement but it can be still reached. The
part of the building on the Nusaybin Street has become a pile of rubble.
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Photo: It was noticed that there is no security mesearement around
the basement.
Witnesses on incidents:
Relatives of people killed in the houses, are waiting in front of the
building. Şırnak Bar Association lawyers and people around the
building said as follow;
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- Person or persons killed in the building are removed from the building by
security forces,
- "There are no information regarding following points: Has an investigation
occurred on the crime scene? Are there any records (photos, video and text
documents)? How were the bodies removed? In what way and when and by who
were they moved to the hospital? Some bodies were without clothes removed,
did any examination took place on these clothes?
- There are no records given to legal representatives regarding any investigation;
if the investigation were done, who did it?
- No legal representative took part at any stage of this process,
- Minnesota Autopsy Protocol requirements were not implemented during
autopsy process,
- The procedures of bodies/funeral were done as accordance to the request of
Ministry of Justice. There is no information regarding the cause of the death and
the identies passed to families of the death ones,
- After the end of the curfew, the security band have been removed around the
building by security officers, the protection of the building is prevented,
- After the end of the curfew, security forces were cleaning the buildings and
threw various parts of objects into river of Tigris,
- on 02.03.2016 Cizre Prosecutor visited the crime, but said that the building is
not safe (risk of collapse) and therefore did not enter the building. Two lawyers in
the delegation went to the basement and whith the help of lights from phones
collected body parts and gave them to the prosecutor.
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- A delegation of human rights ativitists went to Cizre on 3/3/2016. Still at the
scene there were no security measures. The delegation went to basement and
collected parts of human bodies.
8.1.1
OBSERVATIONS AND EVALUATIONS REGARDING 1
ST
BASEMENT
During the visit of our committee; "The entrance of the building and the basement
was not closed, no measures were taken to protect any proof. There is a dor on
the back side of the basement.’’
People were requested to leave the area around the basement on 06.03.2016
and around 13:30 o’clock, the research started.
There is a smell of fire and there are wc, shower, kitchen rooms in the basement.
The smell of fire is still present, the ceiling of the lobby wall of the room and walls
are burned and there is a huge pile of rubble.
We started the investigation in the big room located on the left of entrance and
reviewed it in the direction of street of Bostanli.
Flashlights were used in the room; evidence such as rest of arms and parts of
human buda were photographed and recorded.
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In the room we found burned parts believed to be parts of human body. They are
totally burned and can not be differentiated morphologically:
- Broken right wrist and a burned hand with fingers;
- The thigh bone fragment from a broken neck, head of the humerus (shoulder)
thought to be pieces of bone
- 4 ribs with the burnt tissue (breast bone);
- Small bone fragments;
- In the second room; about 7-8 cm long brown-yellow color material thought to
be hair is found
Among other evidence:
-
Many bullet shells (0.9 cm diameter, MKE written and about 4 cm in
length) and bullet shells (brand not listed diameter over 4 cm, length 1 cm)
bullet shells. They are photographed and have nonbiodegradable outer
sections
-
In the rooms, under pile of rubble there are burned materials
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Ash heap have been seen in the corner of the room.It is secured and recorded.
The area which is located directly across from the entrance and the part
corresponding to the bottom of the stairs and in the bathroom no
investigation or analysis could be done due to huge mass of debris. There
are som burned materials.
In the kitchen which is located next to the kitchen, there are similar effects
contained. Goods are burned and have been target to physical
intervention.
Cizre Municipality hearse officer said that he can not remember the date but in
front of the building there were 26 bags with bodies. Security personel
openede every bag to control which sex it was. There were only two
bodies that were entire but burned, rest of bodies were naked and only
parts of human body. Every bag was 5 to 10 kg. Security personel took
these bags and brought them to hospital or other places.
Hears officer said that buildings were in another state when he saw them on 6
March. He added that buildings had collapsed due to shooting and artillery.
It was observed building was damaged with heavy weapons (rocket launchers,
mortar shells and so on.).
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8.1.2 2. and 3. Investigation in basement
2
nd
basement: street of Narin: 6
Cizre Municipality hearse officer and another official from the same
place were interviewed.
Street of Narin house no. 6 had a building with 7 floors. When the bodies were
removed it was totally destroyed. Since then all materials beton, stones etc were
removed from the site. Corpses removed from the building were naked and
burned, they were in bangs. They were given to officials from municapility and
asked them to bring them to hospital. More than once bags with body were
transported. It was over 60 bodies. The building of second basement is also
severyl damaged.
It has to investigated if there are parts of bodies under the rubble among debris.
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3
rd
basement: street of Beyazıt and Akdeniz
For the research works in the 3
rd
basement the official from municiapality was not
present on March 6. We were informed that many bodies were collected from
street of Akeniz and Beyazit. Especially the first part of Akdeniz is totally
destroyed. The building is nearby to collapse. Thus here investigations could not
be implemented. Buildings and streets were damaged due to heavy machine
guns, bullet capsules, capsules tank cannon rounds and other ammunition
components were observed.
Street of Beyazit is located in the parallel street right next to the street of
Akdeniz. Here some of the buildings on the street were seen as entirely
converted to rubble. The 3
rd
basement is only 100 meter away from street of
Nusaybin and in this area the vast majority of these buildings is heavily
damaged. On collapsed wall racist and hate words are written.
According to information provided by officials of the municipal, from 15 December
2015 until 22 February 2016, municapality have received 141bodies from this
basement.
Lawyers have stated as follows:
People who were killed in Cizre district of Sirnak between 14 December 2015
until 2 March 2016 due to ongoing military operations were sent for identification
to various provinces and districts. Of these bodies 78 bodies in Habur, 13 in
Sirnak, 28 in Urfa, 20 in Antep, 17 in Mardin and 16 in Cizre and 6 bodies in
Malatya were sent to morgue. The process of identification is till going on.
Observations made on the river of Dicle
There were reports that near the river there are parts of human body. MP Faysal
Sariyildiz showed us a photo were there is a part of an arm. Therefore we wanted
to investigate the river of Dicle and went to Cizre courthouse on 06.03.2016. We
were not able have a short meeting with general attorney. Since the attorney was
not present, Sirnak Bar Association lawyers informed that they have made their
application in order to make the investigation on the river of Dicle. The delegation
informed and left for the investigation on the same day around 14:00 o’clock.
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The Dicle River was used as a dump on the edge of a large area. Municipal of
Cizre uses this site as a place for garbage. A tractor driver said he is taking
garbage dumps and debris collected from neighborhood and pour it into this
area. Other children had played in this area, around the periphery there were no
signs of any warning and protection.
In addition to household waste, bodies of dead of animals and construction
materials/materials were observed. In addition to the before mentioned body part
we searched the trash in order to determine whether there is another body part.
During a meeting with the children, Şırnak Bar Association lawyer learned that
near the bridge about 10-15 meters, part of an arm is buried and found. To
determine the coordinates of the area photos were taken. About 40-50 cm deep,
an object wrapped in a black nylon bag a green-blue arm liked body part was
founded. After photographing is done, lawyers informed the attorney about the
crime scene. The delegation left the area around 15:00 o’clock.
It was reported that after the application of lawyer, the body part
was taken in order to make further investigation.
8.2 Evaluation
Despite the appliacation to Constitutional High Court in Turkey and Human
Rights Court, the mass killings took place in these basements. It has been
prevented to document these seriously human rights violations and crime against
humanity.
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During incidents which human rights violations were the case,
following has happened:
- Security forces were due to come to the crime scene as soon as possible, take
security mesearues, to coordinate and collect proof. One week after lift of the ban
assessments are not enterly made. It was observed children; civilians who were
near the place of incidents were under threat.
- The purpose of work on the crime scene is to rapidly collect evidence, to
determine responsible for the incident, preventing any further incidents, to
document all witnesses in an objective manner.
- It is unknow if any photos of the crime scene, video recording or any other
documents have been prepared. During these assessment there were no
releatives of injured or death or legal representatives present.
- In order to reach the truth and to achieve the justice, it is very important that all
data as well as image data is collected and documented. It is observed there are
still no efforts made in this direction.
- The prosecutor went to the scene, but did not want to enter in building due to
security reasons; he did not gave permission to other teams for investigation.
This is understandable;
- C. Prosecutor could tell lawyers to collect evidence in the basements,
- It is not understandble that no effective investigation was made, no security
measure were taken until the end of assessment. Meanwhile people are
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visiting the place all the time.
- It was understood that evidents and biological samples were transported to
and from the place. Even though this should not be the case.
- After the discovery of evidence, they were not protected. Each review could
pave the way to find different evidence which can lead to wrong results.
- After the events, during the process of the autopsy and identification
procedures several problems occured. There were no healthy
communication to families of killed people and the public, public relations
and psychosocial support activities are not even considered.
- During this time the Regulation of Forensic Institution has been amended
twice in the process.
No. 29586 in the Official Dailypaper dated January 7, 2016:
Implementing Regulation of the third paragraph of Article 10 (c) as stated in
paragraph "deliver to the municipality,” was changed to "deliver to the
municipality or local authority. The bodies are identified and the families not
shown up within 3 days will be consigned to the municipality or local authority.
And the words ‘no answer’ is followed by ‘even though answer is given, relatives
or authorities have not received within 3 days"will be adding;
On January 16, 2016 in the Official Dailypaper No. 29595:
"When there is possibility of disrupted public order during a burial, the body can
be delivered to administrative authority.’’ Local authorities have been left outside
the whole process.
- In addition, the "Regulations on Cemeteries and Burial, Funeral and
Transportation Operations" is changed.
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On January 16, 2016 in the Official Dailypaper No. 29595:
"According to the Regulations of Forensic Medicine Institute of the
Law, third paragraph of Article 10 (c) bodies delivered to their
families or municaplity muss be buried within twenty-four hours.
This period may be extended by the civilian administration of the
application if necessary. When the burial is not done on time, the
civilian administration may take the body and bury it. "
(...)
"Mesaures to be taken by the territorial governor
Article 42 / A - (1) If public health, peace and wellbeing of the public
order and safety is under negative conditions and this is observed by
the administrative supervisor, necessary measures for the
implementation of business and operations of this regulation may be
implemented." Regulation is added in the form of two articles.
These regulations, were understood as "deliberately loosing the evidence,
stealing the bodies and bury them without to let their relatives to know it’’ among
community. Lawyers and independent experts were prevented to take part the
processes of authopsy, many bodies were quickly buried without the completition
of identification process. The identities of bodies were also mixed up. Therefore
there is a general sense saying these regulations are amended deliberately.
There are traumas caused by failure to complete their last respects to the dead
and killed people and thus their belief and process of mourning is also
incomplete. Due to the curfew many bodies were left outside, bodies not being
buried on time and negative actions against bodies is understood as ‘punishment
and revenge’ by the community.
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9 OBSERVATIONS REGARDING
CHILDREN
This part of the monitoring report focuses on what children experienced in Cizre.
According to a report from TUIK 2013, there are 70 957 children in Cizre.
August 14, 2015, after the curfew began, the number of people forced to migrate
from Cizre coincides this number - child is not clear. Although there is not a
number, during the visit of the 14 June 2015, it was observed many people have
moved due to the second curfew.
Observations regarding children are as follows:
9.1 Death of children
According to data of TIHV, at least 38 children lost their lives from 16.08.2015 –
18.03.2016. The age of the children who died ranged from 18 years old to 35
days old baby. In addition it is said that many children could be among those who
are not identified and buried yet.
In general, the specific problem that was identified in the interviews, is that many
childrene in the conflict were injured and did not immediately receive a treatment.
A father witnessing this situation, stated as follows:
Our neighbor tried to take the injured child with a white flag to the hospital but
they fired on them too" People and children were not able to go to hospital.
There is no clear data on the death toll and wounded children. There is no
information about injured children's current situation and their needs. Therefore
no information is obtained regarding permanent disability, etc. that may occur as
a result of injury.
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9.2 Witnessing injuries and death
It was reported that children had personally witnessed the deaths and injuries
occurred during curfew.
In interviews in Nur neighborhood; Parents have told us they witnessed the death
and injuries of children. Parent A of 3 years old child said as following:
I was wounded the shoulder by a bullet in front of our house. I did not notice at
first. When it started to blead I understood. Children seeing the blood began to
yell. They were afraid. I wrapped myself my shoulder for a long time. "
During the curfew, he said everyone were targeted when the were on the street;
"I could not go to hospital, I left for my neighbor who is working in hospital and
received help, that is how I got my wounded shoulder sewd, " the person said.
During this process, the children were fighting; they had difficulties to calm the
children down. A said a doctor had controlled the wounded shoulder and said it
must get treated and needs a surgery.
A. on the subject; "After what happened, I can not get a surgery, I don not want
to worry my children” .
9.3 Access to health service
Information about the children's right to health is focused in detail
in the health section. There were no regular health checks or
vaccinations of children have been expressed by all parents
interviewed. Parents stated that they could not take their children
to the hospital.
A mother in the neighborhood Cudi said even though that her child has bronchitis
and could not breath, she could not take the child to the hospital.
Another mother of a child of swollen tonsils said that she could not take the
children to hospital nor could she get medications for treatment.
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“We've managed with vinegar water. He was sick, because we had to
bathe the children in water as cold as ice. "
Another mother sadi due to prohibitions they left for Gaziantep. Her child got sick
and she took the child to Health Center Düztepe. But when the doctor learned
they come from Cizre, he/she did no longer treat the child. When asked if they
did any complaint or application, etc. on this issue, she said no complaint is
officially made.
9.4 CHILDREN’S MENTAL HEALTH
Information about children's mental health was gained through interviews with
children, their parents and parents.
In general, all adults stated that children are affected very seriously
psychologically. They are affected in a negative way.
One of teachers working in Cizre S.U said:
"There is no longer a naughty child,"
While M. A, a journalist said: many children are not talking any loger.
Parents of children of the Mumin Heybet School, during interviews revealed that
children are not longer talking as before.
Another father said that their children are not longer talking.
Parents said their children are very afraid, sometimes children wake up during
nights and never goes to sleep again.
A mother of 10 eyars old girls said: ‘My girls is 10 years old and she
started to ürinate düring sleep for the first time.’
A father said that, despite that many houses around were destroyed their home
was still fine. But they had difficulty to enter the house, while the child did not
want to enter the house, telling he/she is too scared to enter the house.
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A father of a 12 years old girl, whos house was destroyed stated as
follows:
“My girl cries where is our house, where is our house.”
Another parent said that his 2 years old girl was imitating sound of tanks and
artillery continuously. Mother of an 8 years old boy said: "My son while sleeping
is crying: 'mother mother they will kill us, there are sounds."
In interviews with teachers, they have informed about their
observations of children and found out following changes:
-
Future dreams are cut
-
Sleeping disorders
-
Afraid of sounds etc
-
Depression
-
Difficulties with concentration due to a life without a system
-
Not sleeping for 12-13 hours during conflict. (or sleeping too
much)
-
Difficulties to talk
-
Afraid that soldiers will come
On the delegation's visit, on March 6, 2016, in the late night, it was spread that
there is unilateral sound of gunfire. Residents of Cizre are able to understand
from the sound of gunfire, if the gunfire is unilateral or mutual. Children are very
afraid of these kind of sounds and are crying and saying ‘police will come’. There
children can not sleep as well.
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9.5 City and living spaces
Due to the cufew children were never let out to the streets.
Therefore their daily life was disrupted.
4th grade student:
"They said there is a curfew. OK, there is a curfew, why is there
weapons and bombings, I do not understand it at all. My mother was
always angry with me. When we left for the garden. I was so bored. I
wanted to play. I wanted to go to school. My teacher called my
mother, she did not answer. Then we went to the village. "
A 12 years old boy near the neighborhood of Konak said:
He was living in Konak, due to curfew, he never went out, because
there were never permissions, but when they tried to go out,
soldiers were firing gas. There were search outside and inside the
homes, stores were closed and they were never allowed to go to
the garden of school and added that there were never a ditch and
conflict.
9.6 NUTRITION
A family living in neighborhood of Nur, said, that there homes was
totally destroyed, due to ban they had problem with nutrition.
Then they left for the village. They tried to cope the situation with
food at home, this affected negatively the children. They were
afraid.
People who returned to their homes after the lifting of the bans,
had serious difficulties. The demolition of houses, electricity and
water shortages and lack of financial conditions have been
observed. Volunteers of Rojava Association helped with food, but
never gather data on how many children there were.
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9.7 Housing, environmental risks
There were construction was and rubble inside homes, which could be risk that
may result in physical damage to children.
Also in the neighborhood, on the street; fragments of ruined buildings, collapsed
walls-fallen poles, large pieces of iron, outdoor electrical cables. All these are still
risking life of children.
The basements of mass killings that took place in the Cudi neighborhood were a
focus of interest for external delegations and residents of Cizre. Children spend
long time near the basements.
Volunteers of Rojava Association said: children who are witness to cry of
relatives of killed in the basements. Children visit basements and try to underst
what happened.
Basements
are risks for children. No one prevent children to visit
them.
Interviews were organized in Cudi and Nur neighborhood. There are buildings
that can be demolished at any moment due to a heavy damage. Children can be
found near these buildings, parts of buildings that could fall are a huge risk of
damage during a possible disaster.
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In addition, during observations we have seen that children are playing around
destroyed buildings.
Our delegation saw that a group a of children carry pieces of iron found in the
building. When asked what the children are going to do to the ironpiece, they
said they will sell it.
9.8 Waste of fight and mines
Another issue that may create environmental risks to children is "conflict waste".
In the neighborhood where the clashes took place, there is waste from shelling.
However, there is no investigation or preventive and informative work in this
regard. Children can navigate randomly in the neighborhood.
K from Cudi neighborhood said as following;
“There are explosions everyday due to waste of military equipments,
everything can happen to children any time.”
Also during the visit to the school, it was found out that the
Kadioglyu Primary Schools is very close to Qamishli border. There
is a possibility that mines are near the border which in turn is a
risk to children.
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9.9 Evacuation by force
There is no data about how many children were evacuated by force during the
bans. However, it was reported that about two-thirds of those living in Cizre have
migrated to other provinces, especially neighboring villages.
Family D in the Nur neighborhood said: After the ban, 19 days later they left for
Çavuşköyü and was living in a house with 5 other families. Many people have
returned to rural areas. There were no problems with food, but there were
problem with electricity and heating cuts. In addition, they were not able to visit
doctor and receive medication. Because of the cold weather even though the
children were sick, they had no acces to health service.
A; children have experienced great uncertainty at this time, so that has
transferred some changes in children's behavior. Her/his 9-year-old son asks:
"Will bad things happen to us" and 7-year-old daughter B, who started school is
very sad, because she could not continue. They find success of 13-year-old
daughter N very important, said that she worries about the school.
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9.10
Detention, arrests and human rights violations
Our delegation met two lawyers of Sirnak Bar Association regardin
children's detention and arrests during the curfew. Lawyers said
they have no clear information about arrested or detained children
and added there were some detention, but no one asked for
defending.
9.11 After the curfew, observation about
perception of children
After the curfew parents and teachers are interviewed about the
children on how the perceive the whole conflict issue:
- Some children are extremely fearlessly towards Special Forces, other are afraid
of police.
- According to the information from teachers, more children want to join the
organization. Children want to protect their homes in case of a possibility of
attacks from police forces.
- A 10 years old child said: ‘soldiers are better, police are bad people.’
- A child who was forced to emigrate, said that he/she does not want to return to
Cizre any longer and said: "It was unbleavble things, so much pain, therefore we
don’t want anything".
- It observed that children were not giving any meaning to what have happened.
14-year-old M stoped his school in Cizre and continued his education in Batman
cut in half, but it was said that he never wanted to and could not understand why
this happened.
- 13-year-old girl wrote; "Why do we have to be at home whole the time, why is
our houses searched, were raided? Why did they want to kill us? What is
difference between us and our western brothers/sisters? "
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10 Education
Information about the status of education was gained from Cizre Representative
of Egitim-Sen, Egitim-Sen Branch of Sirnak and teachers. We also visited
meeting between parents and teachers at Mumin Heybet School.
According to Ministry of Education there are 41 127 children are enrolled in
school in Cizre. There are 104 educational institutions, 47 secondary schools,
while the overall number of 40 elementary and secondary schools, the number of
vocational and technical schools is 36. The number of teachers working in Cizre
is 1298.
The school is closed from December 14, 2015. The training has been stopped
since then. After the ban education will begin on March 7, 2016. However, it was
seen that everyone have not received this information. Some children said they
do not know the date of the opening of school.
On March 6, 2016 children were intervied Cizre Science High School. They said:
"Our teacher send us a phone message saying: ‘You can not come to school
very few students continue anyway." After the message of teachers, schools
were evacuated.
It was observed that before the curfew and bans teachers had received
messages from Ministry of Education in order to leave Cizre.
10.1 Use of schools as headquarter
Some schools which were preparing to close were already used as
headquarters. Director of Ahmet El Cezire Primary school said as follows:
"Before prohibitions, school was evacuated, official documents were burned,
chimneys and places for snipers on the front of the school were prepared."
Another example is the Mumin Heybet School which was also used as
headquarter. A week before the ban of the school's window is covered with steel
wire, an additional woven wall to wall of the school yard is raised and covered
with wire.
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A teacher said because the conflict spread to the district center, the school was
not used as a headquarters.
Even though school has opened, changes are in the same state.
Via social media it was claimed that schools were used as headquarters. This
was confirmed by our delegation as well.
On 6 March, the delegation visited the headquarters of some of educational
institutions.
Observations in schools are as follows:
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STREET OF KONAK
- Cizre Multi-Program High School:
It was observed that one day before the start of training, school is still used as
headquarters. It has not been able to enter the school.
- Primary School of Hacı Ahmet Aslan Ercan:
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The school was used as headquarters during the specified
prohibitions, it was seen that it was emptied during the visit. But all
the doors of the school were closed. There are sacks used as
shields in the school yard, windows and doors, have been shown to
be covered with thick steel wire.
- Cizre Science High School:
The school building, a day before the start of training, on March 6, 2016 was
evacauted. In the garden there were trenches and sacks, whereas the thickness
of the door glass and was found to be covered with steel wire. During the visit of
the cleaning staff employed by the National Education it stated that the school
shall be cleaned. We could enter the school but observed the ground floor.
- School toilets and warehouses were used by the security forces, have been left
very dirty.
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- There are food waste in the warehouse, rubbish of beverages,
empty cans, discarded clothes rags and empty beer cans were
observed.
- Windows of the school, from the inside were regulated to shot.
- Bags used for trenches were seen again in school.
- Beds are for accommodation. Clothes are thrown and scattered
on the floor.
- Cizre Imam Hatip High School Dormitory:
Dormitory, said one day before the start of education, the
headquarter was used as headquarters. It could not be
entered because it is forbidden.
- Girls and Boys Pensions:
Pensions were also used as headquarters one day even the
training started. It could not be entered because it is
forbidden.
Yafes Mahallesi
- Multi-Program of High School of Haci Fattan:
The school was used as a headquarters during the ban. But the
school is not ready for the opening and information has not
been given to people in school yard.
Cudi Neigborhood
- Ahmed Al Cezire Elementary School:
The director of the school was informed that the school will be
used as headquarters. Special forces evacuated the school.
Although the school were due to open on March 7, 2016, the
education never began.
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- Marty Said Atak Elementary School:
We were informed that the school was used as headquarters. The
school was not opened on the day when training began.
- Cizre Industrial High School:
It was used as headquarters during the prohibition. We were
informed it will be used as a police station in future.
10.2 DAMAGED SCHOOLS
Egitim-Sen representative said that many schools are damaged in
the conflict. There are no clear information. Ministry of
Education has started assessment of damage and repair work.
But this could not catch up to the date of opening of schools.
Training will start a day later despite the fact that it was not
ready in many schools.
In Cudi neighborhood school was hit by a bomb. The school is
completely burnt. Fatih School in the same neighborhood has
been also burned.
10.3
CATCH-UP TRAINING
Education Ministry General Directorate published a decision on on January 19,
2016 and stated that where there is a cufew, there will be catch-up
trainings organized.
Students of 8
th
and 12
th
grade received catch-up training in half year vacation
and other children had to go to neighboring provinces.
Egitim-Sen representatives said that only about 5% of students participated in
the catch-up education while for children there was no such an
organization.
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In an interview 14 years old M from Nur neighborhood said that many families
did not allow their children to take part in these catch-up trainings.
A mother said that she wanted to send her child but had left identies at home
during the evacuation; therefore the child could not attend the catch-up
training.
The father of another child said as follows;
"Who sends their child to another place after so many things happened.
My neigbor send their children, he had to sat at a dormotory, no one had
even talked to them during 3 days of stay."
10.4 Schools converted to headquarters
In Cudi neighborhood two schools are converted to headquarters due to "security
grounds".
School of Ismail Ebuli was not used as headquarter during the curfew, but it will
become a police station in the future.
All children who attend this school were sent to Mumin Heybet Middle School.
Ismail Ebuli had a total of 36 branches, after merging of some branches the
number of branches was reduced to 33. After this date, students of Mumin
Heybet Middle School will study on mornings, while students from Ismail Ebuli
will study on afternoons.
Parents of school children said that the received this information one day before
changes via phone messages.
Parents were angry and stated as follows:
"Is education or police station important? Our children can not come to this
school; it is too far "
"Our children must pass the street of Nusaybin to reach this school in Nusaybin.
How will it be in the evenings? "
"For example, my kid goes to this school since 5 years. The child says: I can not
get used and do not want to go. "
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"Our children's school is not burned down or destroyed. During the curfew it was
not used as headquarters, why want they do a police station now?"
“Our neighborhood will now have a police station. Our children are scared when
they see the police, what will happen now? "
"Our school is ok and do not need anything. But they did turn it to a police
station"
"Our children want their schools"
"My son never ever have come to this side. He does not know ... How can he
goes to school? I can not bring him? When they will organize school sercices
they will payed for it, but they do not have money? "
"My son says he don not wan to go to school if they move."
"After all, who have come to school? See that many students have been coming
here! ".
"My neighbors say they will not send their children to other neighborhood."
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"They risk their life ... Our children may die on the roads. They want this to
happen? "
"And on that way there are special operations. The child is so frightened child,
they will not be able to pass that way."
"We have no money. How can I bring and take him every day. "
After that Ismail Ebuli Middle School is converted to a police station, it was stated
that the elementary school nearby will continue to be a school.
A parent said as follows:
"They are small children… Will they be side by side to the police station every
day? So many things have happened. Children are already upset, afraid or
angry. Is this fair? "
The school in neigborhood in Cudi that is converted into a police station is a high
school. What will happen to students, there is no information about how and
when the education will continue.
A parent in this regard:
"I have 5 children attending there. But nobody gave any information to us. These
are very serious things "
A parent of a student of Ismail Ebuli Middle school stated as follows:
"We will first give a petition to National Education Ministry, telling them we don
not want a police station. If our request will be denied, we will not send our
children to school".
10.5 School attendance
Therea are about 1000 students at Mumin Heybet School. On the first day
(07.03.2016) after the training started about 301 children are present.
The kindergarten, with a total of 40 children in two branches no children were
present.
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10.6
Children’s view on the education
A meeting with children from Yafes neighborhood was organized. They are
students of Haci Fattan Kadioglu Multi Program High School.
13-year-old boy's statement is as follows:
"My school was used as a headquarter. Soldiers have posted here mortars. We
never saw our teachers. There are permanent civilian police around here. Our
school will be a police station. "
In the the garden of Cizre Science High School two children accepted an
interview. Children are aged between 9 and 10, they live in street of Konak and
before the ban, and they continued their schools. One week before the curfew
the school was evacuated. They have not gone to schools since 3 months.
When asked about their views on training compensation; they said this was
organized only for students of 8th and 12th grade. They have no information
when the schools will reopen.
"We did not go out during the bans on the street; we heard nothing from the
neighborhood. We wondered a lot. We heard about killed children “they said.
They want to play at school (children stated specifically that someone called
Mustafa is not allowing it).
"Nevertheless, we entered the garden of the secret schools. We're playing ball.
Whe security guards come we are running away "they said.
The same children said that police were coming to school. They have about 30
friends in the class and they want to continue their education.
"Cops stole ice cream from stores, and said if we say ‘dirty PKK’ they will get an
ice cream. We wanted it. But they pulled us away. "
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11 Report on health situation
TTB and SES members and State Hospital in the town, two private medical
institutions, eight Family Health Center, a Community Health Center in
with Tuberculosis Unit and the Municipal Public Health Center have
reached the following conclusions:
State Hospital’s 3rd floor was used by the security forces; There were notices
about to enter 3
rd
. Police forces were having guns
During the ban only mergency department worked and sick and wounded were
brought by ambulance to the hospital.
The department of birth was open, while patients were referred to other
provinces before the ban started.
• Health workers were forced to stay in hospital. Majority of their homes were
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damaged
• buildings of two private medical center, especially private Cizre Medical Center
were destroyed, medical supplies are not useable.
• Municipality Bişeng Public Health Center could serve during the entire ban.
• Eight Family Health Centers were closed due to the curfew. Especially their
branches in Sur and Cudi are totally destroyed.
• Some of pharmacies, especially in Nur and Sur neighborhood were severely
damaged.
Turkish Medical Association and members of the SES have written their
observations into a separate report. To access this
report:
http://www.ttb.org.tr/index.php/Haberler/cizre- 6031.html
12 Announcement of disaster zone /
public land aquisition
When the delegation was in Cizre on March 06, 2016, Sirnak province declared
neigborhoods in Silopi as risky. This declaration was published in the official
Dailypaper.
‘On 16/02/2016 it was decided according to the law no 6306 of ‘converting
disaster places’ article 2, following streets are public aquisited; streets of Silopi
Barbaros, Basak, Cudi, Karsiyaka, Sehit Harun Boy, Nuh, Yenisehir and
Yesiltepe.
Council of Ministers referred to the decision of the Council law No. 6306: Law on
Transformation of Disaster Risk Areas was published on May 16, 2012. In Article
1 on the objective of the Law "disaster risk areas, land where the risk structures
URU, Alm.del - 2015-16 - Bilag 208: Henvendelse af 25. april 2016 fra Fey-Kurd om rapport om menneskerettighedssituationen i Cizre, Tyrkiet
outside these areas and terrain, according to science and art norms standards,
improvements to constitute a healthy and safe living environment, liquidation and
procedures regarding the renewal and to determine the principles of". Law is
approving that Environment and Urban Planning Ministry and the TOKI to change
and construct the area. During process of writing this report, Council of Ministers
decided to immediatelly aquisite Sur district of Diyarbakir. This decision was
declared on March 25, 2016. It seem that a similar decision will be taken
regarding Cizre.
13 General results and proposals
The reconciliation is not provided, it is impossible for the realization of justice in
cases where there are no legal regulations and security. National and / or
international law is violated. There have been serious human rights and
humanitarian law violations, even when the evidence is lost, and with a time limit
research and analysis of the basic rules were not respected the principle of non-
abandonment of practices and scientific methods.
Through the curfew, communication with the outside world was cut. Deaths in
these areas must be cleared what happened and if the killing was necessary. An
effective and independent investigation must be conducted and responsible must
be executed.
Human rights violations, torture and political killings must be investigated in an
open manner with the participation of experts.
A fundamental document of United Nations called "Minnesota Autopsy Protocol"
must be used. Legislation and practice in Turkey are working in accordance with
this protocal. But in Cizre this was not the case.
In addition the European Human Rights Court had a framework of Jordan
decision (2) "... investigating authorities must take initiative, act independently to
be investigators, all about the incident of documents, letters, reports should be
URU, Alm.del - 2015-16 - Bilag 208: Henvendelse af 25. april 2016 fra Fey-Kurd om rapport om menneskerettighedssituationen i Cizre, Tyrkiet
collected according to procedure, there should be immediate action and move
reasonably fast investigation, this process shall be open to public scrutiny ... "it
observed the principle does not apply.
In the wake of the trauma, the sense of justice shall be strengtened, to repair,
sincere and genuine steps shall be taken among the comminity. Society feel the
need in the aftermath of the events the truth will be cleared and crimes and
criminals will be punished. The aim shall be to strengthen the sense of justice;
not only in the judicial process, what is happening in the process, established
and used language, the trauma and pain of awareness, sincerity, authenticity and
the most important one is the existence of an attempt to reach the truth. The
emergence of the Truth, justice and moral satisfaction of the facility near the
victim, only then can the community came together again and allows the
reconstruction of social life. State of the effective investigation and who died a
precondition to do research / relatives of those killed and independent experts
are also involved in the process. Repair process scientific, objective, participation
and supervision of independent experts will have to start with clear research and
investigation.
This observation is subject to the reporting quarter and until the fulfillment of the
principles of independent and effective investigation into the events of the
basement as a place of preserving essential for uncovering the truth. Disaster
area declared and fast evidence of expropriation procedures and the elimination
of hiding the truth may lead to new abuses and this will not be able to
compensate.
2 THE Europena Court of Human Rights: Jordan decision (Application No. 24746/94, Decision: 05/04/2001), money (102-
109http://hudoc.echr.coe.int/eng#{"fulltext":["Jordan"],"documentcollectionid2":["GRANDCHAMBER","C
HAMBER"],"itemid":["001-59450"]}