Missing Persons (Cyprus)

Jim Sheridan Excerpts

Wednesday 13th July 2011 Westminster Hall

[Mike Freer (Finchley and Golders Green) (Con)]

This is the first time that I have spoken under your chairmanship, Mr Weir, and I look forward to this afternoon’s debate.

I start by saying what the debate is not about. It is not about the politics of the continued division of Cyprus, nor is it about the rights and wrongs of Turkish troops continuing to occupy part of a European Union member state. It is about the humanitarian issue of families seeking closure on the fate of missing relatives.

It is 37 years, almost to the day, since Turkey invaded Cyprus. Cypriots, both Turkish and Greek, were involved in the fighting. Many were captured and never seen again. Even today, about 1,500 people are still unaccounted for. Young army conscripts of the Cypriot national guard, reservists and civilians, including women and children, are among their number.

Families have a right to know what happened, whether their relatives are dead and, if so, where their graves are to be found. If those people are dead, why cannot the location of their remains be disclosed and their remains returned? What about those imprisoned in Turkey? Could they still be alive after 37 years and still be in prison? If those who were imprisoned in Turkey are dead, where are they buried?

What about the missing children, such as Christaki Georghiou, the brother of Mrs Hatjoullis, a constituent of mine? He was last seen alive at the age of five in 1974 being taken away by a doctor at a hospital controlled by the Turkish army, but the press recently reported that he is still alive. Do the families not have a right to know? How many other children might have been placed with Turkish families and still be alive in mainland Turkey?

The tragedy of missing persons is a humanitarian problem with implications for human rights and international humanitarian law. The Cypriot Government comply with efforts to identify the missing on both sides, and it is time that Turkey followed suit. The organisations involved in locating and identifying the missing should have full access to the archives of all organisations, both civilian and military. To date, Turkey has refused to allow the International Commission on Missing Persons access to military bases. That is despite the commission operating under careful supervision under the auspices of the United Nations.

The right of family members to know the fate of their missing relatives, including their whereabouts and the circumstances and causes of their disappearance, is a humanitarian matter. The obligation to carry out an effective investigation into the circumstances surrounding a disappearance is required by international human rights law and international humanitarian law. When focusing on the humanitarian dimension of missing persons in armed conflicts, it is necessary to bear in mind that cases of missing persons can sometimes constitute criminal offences, including war crimes or crimes against humanity. Perhaps that is why Turkey is dragging its feet.

States should ensure the effective investigation and prosecution of all human rights violations linked to missing persons. Turkey continues to flout international law. I know that Turkey claims that the Republic of Cyprus is not co-operating, but I do not believe that to be true. Turkey has repeatedly been found in breach of articles 2, 3 and 5 of the European convention on human rights.

In the case of Cyprus v. Turkey 10 May 2001, the European Court of Human Rights examined Turkey’s obligation to protect the right to life under article 2 of the convention, reading it in conjunction with the state’s general duty under article 1 to

“secure to everyone within its jurisdiction the rights and freedoms defined in the conventions.”

The court confirmed that

“this requires by implication that there should be some form of effective official investigation when individuals have been killed as a result of the use of force by agents of the State”.

[Jim Sheridan (Paisley and Renfrewshire North) (Lab)]

I congratulate the hon. Gentleman on securing this extremely important debate. Will he confirm beyond any shadow of doubt that the campaign for missing persons covers both Turkish and Greek Cypriots and that it is not one or the other?

[Mike Freer]

The hon. Gentleman makes a good point. The Committee on Missing Persons, which the EU generously funds—that is why its effectiveness should be a matter of grave concern for our Foreign Office—investigates the cases of both Turkish and Greek Cypriots who are missing. It makes no distinction between the two, and it is important to put that on record.

--- Later in debate ---

[Jim Sheridan]

In the few moments left, will the Minister tell us whether he will make direct representations to the Turkish authorities on behalf of the missing persons?

[Mr Browne]

I have heard the point the hon. Gentleman has made, and I will undertake to see what representations we can make to further the objectives I have just outlined. It is the position of the Foreign and Commonwealth Office and the Government as a whole that we wish to bring the process to a conclusion that will be satisfactory to the families involved.