ISTANBUL - The Constitutional Court rejected the individual application of the ÖHD and the family regarding the bodies that were removed from the Garzan Cemetery and buried under the pavement in Kilyos Cemetery. Lawyers brought the file before the ECtHR.

 

The Istanbul Branch of the Association of Lawyers for Freedom (ÖHD) has brought the file on the demolition of the Garzan Cemetery in the Oleka Jor (Yukarı Ölek) village of Bitlis center and the burial of nearly 265 bodies under the pavement in Kilyos Cemetery in Istanbul before the European Court of Human Rights (ECHR).

 

According to JINNEWS, the families previously filed a criminal complaint with the Istanbul Chief Public Prosecutor's Office through their lawyers on charges of "insulting the memory of the person" and "torture and torment", but the prosecutor's office did not give permission for an investigation. The prosecutor's office rejected the lawyers' request to file a lawsuit for "not giving permission to investigate officers" and "cancellation of the procedure" one again.

 

THE FILE WAS BROUGHT BEFORE THE ECtHR

 

After the AYM's refusal, the ÖHD lawyers brought the file before the ECtHR on behalf of the families, due to the exhaustion of domestic remedies. In the application made to the ECtHR, reference was made to the "right to respect for private and family life" in Article 8 of the European Convention on Human Rights (ECHR). In the application, the lawyers also filed an application for the violation of the rights of "not conducting an effective investigation" regulated in Article 13 of the ECHR and the violation of Articles 6/1 of the ECHR and Article 8/1 of the ECHR, as well as the lack of an effective investigation.