ISTANBUL - Stating that the opening of Newala Qesaba for construction is a crime and disrespect to the dead, law organisations and other non-governmental organisations, called for it to be transformed into a place of social memory.

 

Many bar associations, rights, law and non-governmental organisations protested the opening of Newala Qesaba (Kasaplar Deresi) for construction, where Armenians, Chaldeans and Kurds who were massacred by torture were buried in mass graves with a joint written statement. Reminding that Armenians and Chaldeans were subjected to many violations of rights since 1915, just like Kurds were subjected to many violations of rights since the 1980's and 1990's, the statement said hundreds were forced into dissappearance, tortured and their assailants remain in the dark.

 

Pointing out that a mass grave was found in Newala Qesaba in 1989, the statement said that the bodies of eight people were found within a few hours, during the excavations carried out with construction equipment in the area on April 22, 1989. It was reminded that instead of investigating who the remains in the mass grave belonged to and by whom they were murdered, the excavations in the area where the mass graves were found were stopped by the Governorship of Siirt.

 

Emphasizing that no steps have been taken since that day, the joint statement said, “The identities and causes of death of the 8 bodies that were brought out have not been clarified. Failure to reveal the truth about the acts of enforced disappearance creates deep gaps in the social memory and causes the trauma to continue. Newala Qesaba, which was used as a garbage dump before, was opened to construction instead of protecting the area so that those responsible would be held to account for this, and a crime was committed deliberately and it continues to be committed.

 

SOCIAL MEMORY TARGETED

 

In the statement, which underlined that the the truth is being buried with construction, the statement said, "Starting a construction here means the chance to hold those who commit crimes against humanity to account and condemn the witnesses to injustice and to leave them without a future by burying the truth in a past that cannot be accounted for. Justice is the principle of social partnership. For this reason, the injustice that may arise with the construction of Newala Qesaba is an attack on the social partnership itself."

 

PERPETRATORS MUST BE FOUND

 

The statement continued: “Not only the relatives of the dead, but also all citizens that believe in rights, living in these lands demand that the bodies that were found in Newala Qesaba be identified and duly laid rest by their relatives. In addition, it is necessary to take all necessary measures to ensure that the crimes committed here are recognized, the perpetrators are brought to light and prosecuted, and that it never happens again.

 

CRIMES ARE COVERED

 

Time is a special systematic tool to obscure the responsibility of the state in Turkey regarding crimes such as torture, ill-treatment and violation of the right to life are not investigated in any way, and crimes against humanity are covered up with statute of limitation. For this, Newala Qesaba should be taken under immediate protection as it is included in international conventions such as the 'International Convention for the Protection of All Persons from Enforced Disappearance' adopted by the UN General Assembly on December 20, 2006 and the ECHR Jordan decision. In addition, an objective and transparent investigation process involving independent experts and investigators should be initiated, the bodies should be identified by the relevant experts in accordance with the Minnesota Protocol, and the cause of death should be determined, and the way should be opened for those responsible to be held accountable.

 

WE MUST PAVE THE WAY FOR THE PURSUIT OF TRUTH

 

On the other hand, Newala Qesaba should be transformed into a place of social memory, as it is a step towards a genuine and sincere apology in crimes against humanity. The only way to restore the human dignity that has been trampled and buried in these places is to pave the way for a pursuit for truth that will respect their dignity and to provide justice. This is both a demand for the restoration of social partnership and a demand that all citizens must take the responsibility.

 

CALL FOR RESPONSIBILITY

 

Opening Newala Qesaba for construction is a great act of violence, crime and disrespect towards the dead buried there and their families. For this reason, we invite all citizens who stand up for human dignity in this country to oppose this violation in Newala Qesaba and take responsibility.”

 

SIGNATORIES

 

Diyarbakır Bar, Batman Bar, Şırnak Bar, Van Bar, Muş Bar, Mardin Bar, Hakkari Bar, Adıyaman Bar, Bingöl Bar, Dersim Bar, Kars Bar, Urfa Bar Association, Siirt Bar Association, Respect for the Dead and Justice Initiative (ÖSAİ), Human Rights Association (İHD), Human Rights Foundation of Turkey (THİV), Society and Law Research Foundation (TOHAV),  Association for Assistance to Families Losing Their Relatives in the Cradle of Civilizations (MEBYA-DER), Association for Assistance and Solidarity with the Families of Lost Relatives of Anatolia (ANYAKAY-DER), Diyarbakır Medical Chamber, Libertarian Democrat Lawyers (ÖDAV), Association for Lawyers for Freedom (ÖHD), Contemporary Lawyers Association (ÇHD), East-Southeast Associations (DGD) and 78's Initiative.”