Jurist: Prisoners' families have right to hold Turkish authorities accountable for their crimes

The jurist Haitham Bakr explained that by killing the 13 prisoners in Garê, Turkey committed two crimes that are classified as “crimes against humanity,” noting that Turkey does not abide by international treaties and covenants, and said, “Their families can file lawsuits against the perpetrators of the crime to hold them accountable.”

Jurist: Prisoners' families have right to hold Turkish authorities accountable for their crimes
27 February, 2021   22:56
AL-HASAKAH -BOTAN HUSSEIN

On the tenth of February, the Turkish occupation launched an air and ground attack on Garê area in the legitimate defense zones (Media), Southern Kurdistan, which lasted for four consecutive days.

This attack, according to observers of the Kurdish issue, came in an effort by the Turkish occupation to achieve an external victory to alleviate the internal pressures from which the government of Justice and Development led by Erdogan is suffering with the approaching Turkish presidential elections.

Erdogan, who promised a crushing victory, did not reach his goal; on the contrary, he killed the 13 prisoners in the prisons of the Kurdistan Workers’ Party with the internationally prohibited poisonous gases.

This violation of international laws is considered a crime to be held accountable before international courts, and the crime of killing prisoners is classified as crimes against humanity, according to human rights defenders.

Haitham Bakr said, “After the Turkish attack on Garê area in Southern Kurdistan failed, and it received painful blows by the People’s Defense Forces, the Turkish occupation state headed by the Justice and Development Party killed the 13 prisoners with internationally prohibited weapons, according to what was circulated by the media.”

Haitham Bakr noted that PKK usually hand over prisoners of the Turkish occupation “peacefully and through negotiations” between the two parties, and it has not happened in the history of the People’s Defense Forces to kill Turkish prisoners of war.

He added, "It seems that Erdogan was trying this time to free his prisoners through the military operation, with the approaching electoral process in Turkey, trying to achieve an external victory.”

What the occupation did is a crime according to international conventions

Haitham Bakr stated that everything that Turkey did in Garê area violates all international laws, “including a violation of the United Nations Charter, as Article 51 of the Charter provides for the prevention of any country from attacking another country except in the case of self-defense,” Thus, Turkey violated the sovereignty of Başûr Kurdistan.

Bakr pointed out that the killing of prisoners of war, who are considered civilians without their weapons, is classified as a “crime against humanity” according to Article 1 of the Genocide Prevention Convention in 1948, which states (The contracting parties ratifying genocide, whether committed in peacetime or during war, is a crime under international law, and it undertakes to prevent and punish it.”

Prisoners’ families can file cases against Erdogan

Haitham Bakr noted that Erdogan had committed two crimes, the first is the killing of prisoners of war and the second is that those prisoners who were killed are his own citizens (meaning they hold Turkish citizenship and fight within the ranks of the Turkish army), and said: “According to the constitution and the United Nations Charter, citizens must be protected.”

Bakr indicated that the families of the prisoners killed at the hands of Turkey can file lawsuits in Turkish courts “because they are Turkish citizens, and if their rights are not achieved, they can resort to the International Court of Justice and the International Criminal Court to hold the perpetrators accountable.”

At the end of his speech, Haitham Bakr explained that Turkey’s problem is an attempt to “eradicate the Kurds,” which in itself violates international laws and the United Nations Charter, as well as the International Covenant on Civil and Social Rights, and that any people has the right to self-determination through democratic elections, and he said: “Turkey does not commit to the international treaties and covenants.”

D.H

ANHA

<iframe width="560" height="315" src="https://www.youtube.com/embed/F1W0nLuYXcc" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>