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The ECHR failure to acknowledge the Turkish Cypriot Genocide.

The ECHR failure to acknowledge the Turkish Cypriot Genocide.

The tragic events that unfolded on the 14th of August 1974 in Cyprus are a dark chapter in the island's history. On this day, Turkish Cypriots were subjected to brutal violence, culminating in the deaths of countless innocent people.


The memory of these atrocities lives on, not only in the hearts of survivors but also in the collective consciousness of the Turkish Cypriot community. However, despite the overwhelming evidence and personal testimonies, justice remains elusive. The European Court of Human Rights (ECHR) decision to dismiss a case brought forward by Turkish Cypriot survivor Serkan Çakır highlights a disturbing disparity in how history is acknowledged and addressed.


The Atrocities of 14th August 1974

On that fateful day, the Turkish Quarter of Paphos, known as Mutallo, was attacked by EOKA gunmen and Greek soldiers. Among the many harrowing stories from that day is the account of nine-year-old Serkan Çakır, who witnessed the brutal murder of his father, Erdoğan Çakır, and his uncle, Mustafa Çakır. Serkan recalls how his father pleaded with the attackers, urging them to spare the women and children. "Don’t touch the women and children, kill me," Erdoğan Çakır reportedly said before being shot four times and beaten with rifle butts as he lay on the floor. His uncle Mustafa, who rushed to his aid, was met with a hail of bullets, ending his life in a gruesome manner.


The violence did not stop there. Serkan and his family were forcibly removed from their home, marched down the street at gunpoint, and made to witness the brutal massacre of their neighbors. The psychological scars of that day have stayed with Serkan for over five decades, shaping his life in ways that are unimaginable to those who have not endured such trauma.


The Struggle for Justice

Years after the massacre, Serkan, now 59, sought justice through the legal system. With immense difficulty, he and his family managed to bring their case to the ECHR, only for it to be dismissed. The court's decision, citing that the events were "historically out of date," is a glaring example of how the passage of time can be misused as a tool to deny justice. The ECHR's ruling, which involved a Greek Cypriot president, raises troubling questions about impartiality and the willingness of international bodies to address the suffering of Turkish Cypriots.


The court’s dismissal was based on the principle that the events occurred before the critical date of January 1, 1989, when Cyprus recognized the right of individual petition. The court ruled that any procedural obligations arising under Articles 2 and 3 of the European Convention on Human Rights fell outside its temporal jurisdiction. In essence, the court argued that too much time had passed for justice to be served—a stark contrast to the ongoing prosecution of Nazi war criminals decades after their crimes were committed.


A Double Standard in Justice

The decision of the ECHR not only denies justice to Serkan and his family but also sets a dangerous precedent. It suggests that certain atrocities, depending on when they occur and who commits them, may be exempt from the rigorous standards of international justice. This is a bitter pill to swallow for the Turkish Cypriot community, which has long struggled for recognition and justice in the face of systematic oppression.


It is particularly galling that while Nazis are still being prosecuted for war crimes committed over 70 years ago, the ECHR chose to dismiss Serkan’s case on the grounds of historical timing. This double standard is a slap in the face to all who have suffered and continue to suffer due to the events of 1974.


The Importance of Memory

As Serkan poignantly reflects, “Maybe we are quiet now and the tears have dried up, but can anyone imagine how it is to live with this pain? Do you know how emotional it is to see a father collect a child from school where you have to look the other way and helplessly cry, in silence?”

His words are a powerful reminder that the wounds of the past do not simply heal with time. They remain, festering beneath the surface, until they are acknowledged and addressed.


The ECHR's decision to ignore the pain and suffering of the Çakır family is not just a failure of justice—it is a failure of humanity. It is a reminder that, for Turkish Cypriots, the fight for recognition and justice is far from over.


TCE Conclusion

The events of 14th August 1974 should not be forgotten, nor should they be dismissed as mere relics of history. They are a testament to the resilience of the Turkish Cypriot community and the enduring struggle for justice in the face of systemic indifference. The ECHR's decision may have closed one door, but it has also reignited the resolve of those who continue to fight for what is right. As long as the memory of that day lives on, so too does the hope for justice.


Let the story of Serkan Çakır and his family serve as a stark reminder that justice delayed is justice denied—and that the pursuit of truth must never be bound by the arbitrary constraints of time.

 

References:

1. Atahasan, Issy. Personal testimony of Serkan Çakır.
2. European Court of Human Rights (ECHR) Decision No. 7864/06.
3. Link to the original Facebook Post of Issy Atahasan