The Unspoken Truth
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THE UNSPOKEN TRUTH: DISAPPEARANCES ENFORCED One of the foremost obstacles As the Truth Justice Memory Center, we aim to, in the path of Turkey’s process ■ Carry out documentation work of democratization is the fact regarding human rights violations that have taken place in the past, to publish THE UNSPOKEN that systematic and widespread and disseminate the data obtained, and to demand the acknowledgement human rights violations are of these violations; not held to account, and ■ Form archives and databases for the use of various sections of society; victims of unjust treatments TRUTH: ■ Follow court cases where crimes are not acknowledged and against humanity are brought to trial and to carry out analyses and develop compensated. Truth Justice proposals to end the impunity of public officials; Memory Center contributes ■ Contribute to society learning ENFORCED to the construction of a the truths about systematic and widespread human rights violations, democratic, just and peaceful and their reasons and outcomes; and to the adoption of a “Never present day society by Again” attitude, by establishing a link between these violations and the supporting the exposure of present day; DISAPPEAR- systematic and widespread ■ Support the work of civil society organizations that continue to work human rights violations on human rights violations that have taken place in the past, and reinforce that took place in the past the communication and collaboration between these organizations; with documentary evidence, ANCES ■ Share experiences formed in the reinforcement of social different parts of the world regarding transitional justice mechanisms, and ÖZGÜR SEVGİ GÖRAL memory, and the improvement initiate debates on Turkey’s transition period. AYHAN IŞIK of access to justice for those ÖZLEM KAYA who were subjected to these violations. TRUTH JUSTICE MEMORY CENTER THE UNSPOKEN TRUTH: ENFORCED DISAPPEARANCES TRUTH JUSTICE MEMORY CENTER ACKNOWLEDGEMENTS Tütün Deposu Lüleci Hendek Caddesi 12 It would not have been possible to realize this study without the Tophane 34425 İstanbul/Türkiye relatives of the disappeared, the human rights defenders and lawyers +90 212 243 32 27 who agreed to meet and carry out interviews with us. We would like [email protected] to express our heartfelt gratitude to all relatives of the disappeared in www.hakikatadalethafiza.org Cizre, İdil, Silopi, Istanbul and Diyarbakır who agreed to meet and share their stories with us; to the Association of Solidarity and Assistance for the Families of Missing Persons (YAKAY-DER) and the Mesopotamia AUTHORS Solidarity with the Relatives of the Disappeared Association (MEYA- Özgür Sevgi Göral DER); and to Welat Demir, Veysel Vesek, Rıdvan Dalmış, Nurşirevan Ayhan Işık Elçi, Rüya Elçi, Yusuf Uygar, Ferhat Kabaiş, Ferhan Kaplan, Veysi Altay, Özlem Kaya the BDP Cizre Provincial Director and administrators, the BDP Silopi Provincial Director and administrators, Seven Kaptan, Cihan Sarıyıldız, The subsection titled The Search of part B titled Abdülbasri Ekici, Ahmet Zıröğ, Naci Kültür, Zerrin Oğlağu, Sait Fındık, Experiences of Relatives of the Disappeared of Tahir Elçi, Reyhan Yalçındağ, Eren Keskin, Meltem Ahıska, Hüsnü Öndül, section VI titled Findings of the Field Study was Altan Tan, Meral Danış Beştaş, Mesut Beştaş and Emma Sinclair Webb written by Özlem Kaya, the subsection titled who made this study possible with the support they gave us in Istanbul, The Absence of a Grave was written by Ayhan Işık. Diyarbakır and Cizre. The remainder of the report was written by Özgür Sevgi Göral. EDITORS Meltem Aslan Murat Çelikkan Gamze Hızlı TRANSLATION Nazım Dikbaş PROOFREADING Meltem Aslan Kiah Shapiro DESIGN Pınar Akkurt, BEK PRE-PRESS BEK PRINTING Mas Matbaacılık San. ve Tic. A.Ş. Hamidiye Mahallesi Soğuksu Caddesi 3 Kağıthane 34408 İstanbul T +90 212 294 10 00 http://www.masmat.com.tr/ Certificate No: 12055 A PUBLICATION OF TRUTH JUSTICE MEMORY CENTER ISBN: 978-605-85978-2-2 Truth Justice Memory Center would like to thank the Open Society Foundation, Anadolu Kültür, Global Dialogue, Heinrich Böll Stiftung, Charles Stewart Mott Foundation, Oak Foundation, Huridocs, MAS Matbaacılık A.Ş., BEK, Bülent Erkmen and Yiğit Ekmekçi for their financial and in-kind contributions for the publication of this report and the realization of the research that formed the basis of this report. THE UNSPOKEN TRUTH: ENFORCED DISAPPEARANCES ÖZGÜR SEVGİ GÖRAL AYHAN IŞIK ÖZLEM KAYA TRUTH JUSTICE MEMORY CENTER “It is true that totalitarian domination tried to establish these holes of oblivion into which all deeds, good and evil, would disappear, but just as the Nazis’ feverish attempts, from June, 1942, on, to erase all traces of the massacres - through cremation, through burning in open pits, through the use of explosives and flame-throwers and bone-crushing machinery - were doomed to failure, so all efforts to let their opponents “disappear in silent anonymity” were in vain. The holes of oblivion do not exist. Nothing human is that perfect, and there are simply too many people in the world to make oblivion possible. One man will always be left alive to tell the story. Hence, nothing can ever be “practically useless,” at least, not in the long run. (...) For the lesson of such stories is simple and within everybody’s grasp. Politically speaking, it is that under conditions of terror most people will comply but some people will not, just as the lesson of the countries to which the Final Solution was proposed is that “it could happen” in most places but it did not happen everywhere. Humanly speaking, no more is required, and no more can reasonably be asked, for this planet to remain a place fit for human habitation.” Hannah Arendt, Eichmann in Jerusalem: A Report on the Banality of Evil, p.109 INDEX 8 INTRODUCTION 10 I. ENFORCED DISAPPEARANCE: DEFINITION AND INTERNATIONAL FRAMEWORK 14 II. BACKGROUND 23 III. ENFORCED DISAPPEARANCES IN TURKEY: A GENERAL OVERVIEW 26 IV. RESEARCH TOPIC AND METHODOLOGY 29 V. A FEW NOTES ON THE SPACE 34 VI. FINDINGS OF THE FIELD STUDY A) The State’s Repertoire Related to Enforced Disappearances 1) Denial 2) Threaths 3) Criminalization 4) Establishment of Institutional Collaboration B) Experiences of Relatives of the Disappeared 1) The State 2) The Search – Özlem Kaya 3) Justice 4) Citizenship 5) Politics 6) The Absence of a Grave – Ayhan Işık 77 VII. EPILOGUE: “HE WAS SO SPECIAL, HE WAS SUCH A PERFECT PERSON” 80 VIII. CONCLUSION AND RECOMMENDATIONS 85 BIBLIOGRAPHY 88 BIOGRAPHIES 90 LIST OF THE DISAPPEARED VERIFIED BY TRUTH JUSTICE MEMORY CENTER 106 ŞIRNAK PROVINCIAL MAP INTRODUCTION 8 THE UNSPOKEN TRUTH: ENFORCED DISAPPEARANCES Truth Justice Memory Center [Hakikat Adalet Hafiza Merkezi] was established in order to bring to light the human rights violations that have occurred during periods of conflict and authoritarian rule, and from the perspective of transitional justice, to contribute to a redressal of these violations. In order to redress the past, we believe that systemic and systematic human rights violations must be documented according to international standards. Suppressed alternative narratives in the areas where these violations have taken place must be gathered and transmitted to various parts of society, and groups that have suffered these violations must be assured access to justice. A redressal of the past can only take place when human rights violations are brought to light, when the perpetrators are tried, and when the damage caused by such violations are compensated for through restorative justice mechanisms. Within the scope of this approach, we decided to begin with a concrete type of human rights violation. In this way we identified enforced disappearances as our field of study. In the work we carried out with the Documentation, Law and Outreach groups, we met with and interviewed relatives of the disappeared, lawyers, representatives of civil society organizations, human rights defenders, and members of bar associations. We sought to understand the emergence of, and the forms in which, the mechanisms and patterns of the phenomena of enforced disappearance occur. Another equally important aspect of our study was the effort to comprehend the experiences of the relatives of the disappeared. The processes undergone and the experiences lived by these relatives is the most fundamental issue this report attempts to address. One of the most basic requirements for a redressal of the past and a restoration of justice is the reconstruction of social memory that contains all systemic human rights violations. Therefore, the work towards documentation and the formation of an archive must also be seen as an effort to enter into circulation the narratives of relatives of the disappeared whose voices have not been heard for a long time, which has lead to the expansion of their pain, and to disseminate these narratives to broader social spheres. This report is an effort to grasp the legal, political, and social mechanisms through which the strategy of enforced disappearance is implemented. The report also tackles the mechanisms and practices through which society’s silence and indifference towards this continuing issue have been formed. Yet another significant focus of the report is the process and experiences the relatives of the disappeared go through before and after the enforced disappearance, and the meaning they attribute to them. The experiences of the relatives of the disappeared within the scope of the strategy of enforced disappearance also tell us important things about the state, justice, and citizenship in Turkey. This report was written in order to aid in the broad dissemination of this information into society. It is our sincere wish that it succeeds in doing so. INTRODUCTION 9 I. ENFORCED DISAPPEARANCE: DEFINITION AND INTERNATIONAL FRAMEWORK 10 THE UNSPOKEN TRUTH: ENFORCED DISAPPEARANCES The crime known by the terms enforced the authorization, support or acquiescence of disappearance or enforced or involuntary the State, followed by a refusal to acknowledge disappearance in international literature, is the deprivation of liberty or by the concealment generally referred to in Turkey as ‘kayıp’ (lit.