Appendix 3
MISSING PERSONS
The
problem of missing persons in Cyprus began in 1963 when 211 Turkish
Cypriots, all civilian innocent persons, disappeared following attacks by
Greek Cypriots on the Turkish Cypriot community. In 1974 a number of Greek
Cypriots and more Turkish Cypriots went missing following the events in July
and August in that year. This is how Sir Geoffrey Howe, a former British
Foreign Secretary, described the background of the problem in a letter dated
6 March 1987.
Thank
you for your letter of 23 February, enclosing one from your constituent, Mr
Neokleous. I have very great sympathy for your constituent and his family,
and indeed for all those in Cyprus, from both communities, with missing
relatives.
You
asked about the background. The problem of missing persons in Cyprus began
in 1963, when a number of Turkish Cypriots disappeared following attacks by Greek
Cypriots on the Turkish Cypriot community. In 1974, a number of Greek
Cypriots and more Turkish Cypriots went missing, following the Turkish invasion.
In
1981 the UN set up an Intercommunal Committee on Missing Persons to
investigate the post-1963 and
post-1974 cases. It comprises a representative of each community and an
independent chairman appointed by "'the ICRC (currently Mr Paul Wurth, a retired Swiss diplomat). The Committee made
an uncertain start, largely
because of the hiatus which
followed the death of its previous chairman. But Mr Wurth has approached
his difficult task with great energy and in recent months the Committee has
made steady progress.
I
expect your constituent is familiar with the work of the Committee. It can,
however, only investigate cases which are put to it by the respective
authorities on the island. In your constituent's case responsibility for doing so would rest with
the Government of the Republic of Cyprus and - if he has not already done so
- your constituent should contact them.
We
believe that the Committee is best placed to clarify the fate of the missing
persons. But a resolution of this problem will depend ultimately on the
political will of both sides to the dispute to achieve it.
According
to the reports of the Secretary-General of the United Nations Organisation
at the time, the fate of 211 Turkish Cypriots, out of over 500 who had been
abducted or disappeared, remained unaccounted for. The corresponding figure
for the Greek Cypriots at that time was 43.
The
Greek Cypriot administration in Cyprus which had destroyed the constitution
and usurped power through the use of force in 1963 refused, for 11 years
until 1974 to give any information on the whereabouts of the missing Turkish
Cypriots. It did not even admit that there was such a problem at all. All
the pleas of the distressed Turkish Cypriot families for information about
their loved ones fell on deaf ears. And, in order to lend support to its
unfounded claim that the island was peaceful prior to 1974, it has
conveniently "forgotten" the 43 pre-1974 alleged missing Greek
Cypriot persons and never raised these cases in any platform nor have files
been submitted for investigation despite the strong demands of the Greek
Cypriot families concerned.
The new situation created by the events
of 1974, which had been triggered by the Greek engineered coup against
Makarios on 15 July 1974, forced the Greek Cypriot side to reverse its
policy regarding the issue of missing persons. At this time, the Greek
Cypriots they broke their 11 years old silence and tried to make the issue
an international one but of course again for political rather than
humanitarian considerations.
The Greek Cypriot side claimed, soon
after the 1974 events, that it had over 3,000 missing persons, who
allegedly, were arrested by the Turkish Army and taken as prisoners to the
Turkish mainland prisons. The figure was subsequently revised to 2,500, then
to 2,000 and later was brought down to 1,619 to be revised downwards yet
again in 1995, to 1,493. Although the official figure, as published in the
Greek Cypriot Official Gazette dated 10 July 2000 is 1,493 (a footnote in
this gazette states that 3 named cases have been closed and that they should
be taken off the list i.e. the total should be 1,490) even today the Greek
Cypriot web pages claim that there are 1,588 missing "Cypriots".
While
these figures were used for propaganda purposes the actual number of cases
submitted to the Committee by years are like this:
Year Cases Total cases.Submitted submitted
| Year |
Cases
Submitted |
Total
Cases Submitted |
| 1984 |
108 |
108 |
| 1985 |
- |
108 |
| 1986 |
1 |
109 |
| 1987 |
10 |
119 |
| 1988 |
71 |
190 |
| 1989 |
- |
190 |
| 1990 |
- |
190 |
| 1991 |
20 |
210 |
| 1992 |
- |
210 |
| 1993 |
- |
210 |
| 1994 |
94 |
304 |
| 1995 |
1189 |
1493 |
| Toplam |
1493 |
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The
reason why the Greek Cypriot administration submitted a substantial number
of cases during 1995 was that the Secretary-General of the UN exerted heavy
pressure for the submission of all the files.
It
should be noted that whereas all the Turkish Cypriot missing persons are
innocent civilians abducted from their homes, work places, and highways and
even from hospitals, more than two thirds of the Greek Cypriots listed as
missing are military personnel who died or went missing during combat –
during the 5 day Greek Cypriot civil war after the coup and the
intervention. The remaining, about one third, represents the Greek Cypriot
civil war (15 - 20 Jul 1974) casualties and victims of individual revenge
killings.
In
the absence of the Greek Cypriot leader Makarios, who was in exile, soon
after the coup on 15 July 1974, Mr. Clerides and Mr. Denktaş, as the
respective leaders of the two sides of Cyprus, cooperated and worked hard,
with assistance from the International Committee of the Red Cross, to deal
with all humanitarian problems including that of the missing, which
confronted both communities at the time. The ad-hoc sub committee that was
set up worked until the beginning of 1976 and wound up its work on.5 March
1976 having resolved practically all outstanding issues. An ICRC statement
that was issued on.11 March 1976 stated that all Greek Cypriot prisoners who
had been taken to Turkey temporarily to protect them against possible
reprisal attacks from Turkish Cypriots to avenge their murdered families,
had returned to Cyprus and released in the Greek part of the island.
Makarios ignored all that had been achieved and took the issue of missing
persons to the United Nations General Assembly in .1977 and in 1978 where
two Resolutions were adopted calling for the setting up of a committee of
investigation. Pursuant to these Resolutions, negotiations took place
between the two sides under the auspices of the Secretary-General's Special
Representative in Cyprus which culminated in the establishment in April 1981
of the autonomous Committee on Missing Persons in Cyprus (CMP) to deal with
the problem. The CMP comprises one representative from each of the two
communities in Cyprus and a neutral member nominated by the ICRC president
and appointed by the UN Secretary General.
Whilst
it was the Greek Cypriot side who insisted on the setting up of the CMP,
alleging that there were prisoners held in Turkey who should have been
released, ironically it was also the Greek Cypriot side which has
deliberately undermined the effectiveness of the committee in order to
prolong the issue so that it could be used for propaganda against Turkey in
the international arena, accusing her, unjustly, of continuing violations of
human rights of Greek Cypriots.
The
negative policy of the Greek Cypriot side towards the CMP started to become
obvious in 1989 when, despite the eight years that had elapsed since the
Committee's establishment, it refused to submit any cases for investigation
beyond the 109, which had been submitted during those years. It transpired
subsequently that it had no files whatsoever for about 1000 war-dead or
missing in action who were listed simply as "missing".
The
Greek Cypriot side rendered the CMP : ineffective by insisting deliberately
on something that the CMP's agreed Terms of Reference did not call for. It
insisted on the discovery and identification of physical remains even though
all that the Terms of Reference mandated was to determine whether a person
reported as missing was dead or alive. The Greek Cypriot side refused, by
the use of its veto power, to allow the CMP to pronounce any Greek Cypriot
person as dead despite sufficient circumstantial evidence acquired by the
CMP. The reason behind this inhuman policy was to become clearer by
subsequent developments.
At
the meeting of the CMP on 19 October 1989, the then Third Member, in what
was a reaction to unending and unconstructive discussions at the CMP, felt
obliged to make the following remark which. was obviously directed at the
Greek Cypriot side. He said:
"I
am absolutely convinced that there is no hope of an agreement. We are in a
stalemate. In my opinion there is sufficient information in the files to
conclude at least a number of the
169 cases that have been thoroughly investigated but it seems we shall not be able
to conclude even one single case."
And,
indeed, stalemate continues to this day. The Greek Cypriot approach
continues to be that every missing Greek Cypriot is presumed to be alive and
held in Turkey until he is either released or if alleged to be dead his
remains are .. returned for identification and proper burial by the families
concerned. Whereas what the Terms of Reference calls for is the
determination on the basis of sufficient evidence of whether a missing
person is dead or alive so as to relieve the families concerned of their
agony. This unconstructive stand of the Greek Cypriot side has obviously
been adopted in order to leave the issue unresolved so that it could be
exploited in the international field for propaganda in callous disregard of
the continued agony of the families concerned who have been led to believe
for nearly three decades that their loved ones might be alive. The case of
Mrs. Andrulla Palma which came to light only a few years ago illustrates
dramatically the inhumanity involved. Even though it was officially known to
the Greek Cypriot side that her husband had died and been buried on the
Greek Cypriot side of the island in 1974, for over 23.. years she was
deliberately made to believe. that he was a prisoner in Turkey and she was
supposedly motivated to take part in meetings and demonstrations against
Turkey in and outside Cyprus. An internationally known Greek Cypriot
journalist George Lanitis who was himself fooled to write Andrulla's story
for the USA press subsequently condemned the Greek Cypriot administration's
propaganda machine in an article in the Cyprus Weekly on I-7 May 1998 which
ended as follows:
"She
was fooled, I was fooled and many
other journalists were fooled and we fooled our readers. I apologise. I
acted like the rest of them, bona
fide. "
The
IJN Secretary-General himself began as from 1990 to press the CMP to
complete its work and addressed a number of letters to the leaders of the
two sides urging them to submit all their cases to the CMP and to cooperate
so that it could complete its humanitarian task without delay. The Greek
Cypriot side had until I994 submitted to the Committee a total of 304 cases
only i.e. 20.35o/o of
their total cases. It was in the following year i.e.1995, after heavy
pressure from the Secretary-General that the Greek Cypriot side submitted a
further 1189 cases and quietly dropped 126 files from its original list of
1619.
The
attitude of the Turkish Cypriot side at all stages has been positive and
exemplified, in a humane spirit, a readiness to cooperate to resolve the
issue of missing persons. The same cannot be said for the Greek Cypriot
side. This is evident from the fact that whilst it accepted as dead the 126
cases they had dropped from the original list of ·1619 without the prior
discovery of physical remains, ironically they continue to insist on the
discovery of remains for the determination of the fate of the I493 cases
that have been submitted to the· CMP. It transpired through revelations in
the Greek Cypriot press during the year 2000 that the Greek Cypriot side
insists on the discovery of physical remains before closing a file ·only in
those cases where in their opinion the Turkish Army might be held
responsible for the deaths. In other words, the approach contravenes the
letter and spirit of the Terms of Reference of the Committee article 11 of
which provides that no attempt would be made to attribute responsibility for
the deaths of any missing persons or make findings as to the cause of such
deaths. The Greek Cypriot side's: approach is obviously politically
motivated. In other words, the main criterion for submitting the case of a
Greek Cypriot missing person to the CMP is political and not humanitarian.
It is truly ironical that whilst they insist; without it being required by
the Terms of Reference, on production of physical remains before a case file
could be closed, for the 126 cases which the have closed unilaterally as
dead no physical remains have been sought before they were pronounced to be
dead.
The
Secretary-General of the LTN Organization finally addressed t serious
letters to both sides, on the 4 April 1996 and 4 December 1996 in which he
proposed specific modalities to be followed in order to secure swift
progress in the work of the CMP and insisted that he would not start the
process appointing a new Third Member in place of Ambassador Paul Wurth, who
1 retired in March 1996, unless the implementation of the modalities he I
proposed was well under way. :
The Turkish Cypriot side readily accepted the proposal but the Greek Cypriot
side has not. Thus the stalemate continues, the CMP remains inactive and the
Greek Cypriot side continues with the propaganda against Turkey including
recourse to the European Court of Human Rights on issues which are essentially
political rather than humanitarian.
The
appointment of Ambassador. Jean-Pierre Ritter as the new Third Member on 15
June 1998, following the 31 July 1997 Special Agreement between the two sides
and his work for over 18 months did not lead to any breakthrough either, due
to continued Greek Cypriot intransigence. His untimely death in January 2000
created a vacuum which the Secretary-General rightly refuses to deal with
until he is assured by the two sides of the removal of the existing
obstacles preventing progress in the work of the Committee. The
Secretary-General wrote to both sides on 24 May 2000 in this respect to which
the Turkish Cypriot side replied in the affirmative whilst the Greek Cypriot
Side has not.
The
31 July 1997 Agreement provided for reciprocal exchange of information
possessed by each side about burial places of missing persons of the other
side and envisaged the recovery and return of remains to the side concerned
for proper burial. The implementation of this agreement too could not be
proceeded with because the Greek' Cypriot side refuses to disclose the
identities and burial. places, particularly in North Cyprus, of the casualties
of their civil war which preceded the Turkish intervention of 20 July 1974.
The Turkish Cypriot side insists that the implementation of 31 July 1997
Agreement should proceed chronologically i.e., as regards the 1974 cases, it
should start with the period 1.5-20 July 1974' to be followed by the cases
relating to the post 20 July period, in order to avoid any confusion and
possible political exploitation as to the Greek Cypriot casualties that had
occurred before and after the Turkish intervention. The stalemate at the CMP
continues and .the Greek Cypriot side unfortunately refuses to attend any
meeting of the CMP with the agenda item "consideration of the proposals
made by the Secretary-General in his letter dated 24. May 2000".
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