Agamemnon
2009-10-27 18:03:37 UTC
European Court condemns Turkey of human rights violations in Cyprus
October 27
The fourth section of the European Court of Human Rights issued today its
decisions on two cases Greek Cypriots brought against Turkey, condemning
Ankara of violation of the right to life, as enshrined in the European
Convention on Human rights.
The first case, concerning the application of Kallis and Androulla Panayi
against Turkey, the Court ruled that there was a violation of Article 2, of
the Convention and awarded 35,000 euro each in respect of non-pecuniary
damages and 9,888,30 euro for costs and expenses.
Androulla and Kallis Panayi's son, Stellios, 19, at the time serving with
the armed forces, was killed in June 1996 by the Turkish occupation forces
when he entered the UN buffer zone, while off duty and unarmed. When members
of the UN Peace keeping force in Cyprus (UNFICYP) attempted to reach him in
order to provide medical treatment needed to save his life, the Turkish
armed forces fired and did not allow it, as a result of which he died.
The Turkish government disputed the facts presented by the applicants,
claiming that Panayi was ''fully armed, making gestures by hand and calling
the Turkish Cypriot soldiers to go over to him.''
Disputing Turkey's allegations that Panayi was armed, the Court ruled ''that
although Stelios had been wearing uniform and hence one could have assumed
that he might have carried a gun, that fact alone could not in the
circumstances have justified the shots fired at him,'' adding ''the Turkish
soldiers had been in complete control of the area and Stelios' behaviour had
not posed a threat to them; consequently the soldiers would have been able
to stop him without jeopardising his life.''
''The Court found unanimously that Stelios Panayi had been killed by
representatives of the Turkish authorities who had used excessive force, not
justified by the circumstances of the case, in violation of Article 2,'' the
judgment said.
The second case concerns Georgia Andreou, now deceased, a British national
who was shot by Turkish soldiers on 14 August 1996, during the tensions that
followed the death Anastasios Isaak, kicked and beaten to death by
Turkish-Cypriot policemen and counter-demonstrators three days earlier at a
motorcycle rally in protest against the Turkish occupation of the northern
part of Cyprus.
Although outside the buffer zone, she sustained a serious gunshot wound to
her abdomen; she was immediately taken to hospital where she was operated
on. Moreover, according to a press release, issued following the incident by
the UN Forces in Cyprus (UNFICYP), two of its high-ranking members had seen
uniformed Turkish or Turkish-Cypriot military personnel kneeling down and
firing in the direction of the demonstrators inside the UN buffer zone.
As a result, two British UNFICYP soldiers and two Greek-Cypriot civilians
(one of whom was the applicant) were hit by gunfire. According to the ECHR,
this version of events was also confirmed in a report by the UN Secretary
General.
''The indiscriminate and unwarranted firing into the crowd which was
gathering inside and outside the buffer zone had put numerous lives at risk.
The fact that the applicant had not been killed was fortuitous. Nor was the
seriousness of her injuries, corroborated by the medical reports, in dispute
between the parties. The Court therefore considered that, irrespective of
whether or not the soldiers had actually intended to kill Ms Andreou, she
had been the victim of conduct which by its very nature had put her life at
risk, even though, in the event, she had actually survived. Article 2 was
therefore applicable in the applicant's case,'' the Court ruling notes.
Consequently, under Article 41 (just satisfaction) of the Convention, the
Court awarded Ms Andreou's husband and children 585,68 euro (EUR) in respect
of pecuniary damages, EUR 40,000 in respect of non-pecuniary damages and EUR
10,000 in respect of costs and expenses.
http://www.financialmirror.com/News/Cyprus_and_World_News/18013
October 27
The fourth section of the European Court of Human Rights issued today its
decisions on two cases Greek Cypriots brought against Turkey, condemning
Ankara of violation of the right to life, as enshrined in the European
Convention on Human rights.
The first case, concerning the application of Kallis and Androulla Panayi
against Turkey, the Court ruled that there was a violation of Article 2, of
the Convention and awarded 35,000 euro each in respect of non-pecuniary
damages and 9,888,30 euro for costs and expenses.
Androulla and Kallis Panayi's son, Stellios, 19, at the time serving with
the armed forces, was killed in June 1996 by the Turkish occupation forces
when he entered the UN buffer zone, while off duty and unarmed. When members
of the UN Peace keeping force in Cyprus (UNFICYP) attempted to reach him in
order to provide medical treatment needed to save his life, the Turkish
armed forces fired and did not allow it, as a result of which he died.
The Turkish government disputed the facts presented by the applicants,
claiming that Panayi was ''fully armed, making gestures by hand and calling
the Turkish Cypriot soldiers to go over to him.''
Disputing Turkey's allegations that Panayi was armed, the Court ruled ''that
although Stelios had been wearing uniform and hence one could have assumed
that he might have carried a gun, that fact alone could not in the
circumstances have justified the shots fired at him,'' adding ''the Turkish
soldiers had been in complete control of the area and Stelios' behaviour had
not posed a threat to them; consequently the soldiers would have been able
to stop him without jeopardising his life.''
''The Court found unanimously that Stelios Panayi had been killed by
representatives of the Turkish authorities who had used excessive force, not
justified by the circumstances of the case, in violation of Article 2,'' the
judgment said.
The second case concerns Georgia Andreou, now deceased, a British national
who was shot by Turkish soldiers on 14 August 1996, during the tensions that
followed the death Anastasios Isaak, kicked and beaten to death by
Turkish-Cypriot policemen and counter-demonstrators three days earlier at a
motorcycle rally in protest against the Turkish occupation of the northern
part of Cyprus.
Although outside the buffer zone, she sustained a serious gunshot wound to
her abdomen; she was immediately taken to hospital where she was operated
on. Moreover, according to a press release, issued following the incident by
the UN Forces in Cyprus (UNFICYP), two of its high-ranking members had seen
uniformed Turkish or Turkish-Cypriot military personnel kneeling down and
firing in the direction of the demonstrators inside the UN buffer zone.
As a result, two British UNFICYP soldiers and two Greek-Cypriot civilians
(one of whom was the applicant) were hit by gunfire. According to the ECHR,
this version of events was also confirmed in a report by the UN Secretary
General.
''The indiscriminate and unwarranted firing into the crowd which was
gathering inside and outside the buffer zone had put numerous lives at risk.
The fact that the applicant had not been killed was fortuitous. Nor was the
seriousness of her injuries, corroborated by the medical reports, in dispute
between the parties. The Court therefore considered that, irrespective of
whether or not the soldiers had actually intended to kill Ms Andreou, she
had been the victim of conduct which by its very nature had put her life at
risk, even though, in the event, she had actually survived. Article 2 was
therefore applicable in the applicant's case,'' the Court ruling notes.
Consequently, under Article 41 (just satisfaction) of the Convention, the
Court awarded Ms Andreou's husband and children 585,68 euro (EUR) in respect
of pecuniary damages, EUR 40,000 in respect of non-pecuniary damages and EUR
10,000 in respect of costs and expenses.
http://www.financialmirror.com/News/Cyprus_and_World_News/18013