Fifty years after Turkish invasion of Cyprusthe drama of the missing continues to be one open wound. Has the moment come to differentiate the way the state seeks the truth?
The missing were total 2.002of which the 1,510 Greek Cypriots and 492 Turkish Cypriots. Right now 951 (754 Greek Cypriots and 197 Turkish Cypriots) remain missing. The line of identifications falls, while most of the parents of the missing and many of their widows have died without being able to learn the truth about their relatives. Even those who managed to identify their relatives and retrieve their remains, have not learned the truth about the circumstances of their deaths, as their files remain hidden.
The establishment of a “truth commission” for Cyprus could give a new impetus to the issue, improve trust between the two communities on the island, claims the non-governmental organization “True Now” which promotes the idea. It could contribute to transitional justice, individual and collective healing and reconciliation processes in Cyprus and thus ultimately help to find a solution.
“The truth should not frighten us”, says lawyer Achilleas Dimitriadismember of the organization’s board of directors. “We must seize the opportunity and society will gain something good. Oblivion cannot always be an option.”
The “truth commission” is intended to function as an upgrade of it Investigative Committee on Missing Persons (DIA)by strengthening the mandate it has received since its establishment in 1981 by its decision of the UN General Assembly. “We propose an upgrade of the DEA in order to proceed with more identifications, but also to reveal the existing files”, explains Mr. Dimitriadis.
Either now or never
“Action is needed now, before everyone dies, and this is not a theoretical position”he notes. “Most parents – if not all – are dead. It’s now or never. Too many wives are still alive and, firstly, they have a right to know, and secondly, the state or society has an obligation to tell them. It’s not a one-way relationship, it’s a two-way relationship and that’s the only way you build society.”
As a candidate in the presidential elections of Cyprus in 2023, Achilleas Dimitriadis proposed the establishment of a “truth commission”. Between the first and second round of elections, the then candidates (Nikos Christodoulidis and Andreas Mavroyiannis) embraced the proposal and pledged to promote it.
The Cypriot President of the Republic Nikos Christodoulidis, at the informal dinner he had on October 15 in New York with general secretary of United Nations Antonio Guterres and him leader of Turkish Cypriots Ersin Tatarproposed the establishment of the committee formally as a measure for the two communities ahead of the negotiations. “It is a huge leap, because we have from the official lips of the Republic of Cyprus and even at the highest level, that of the UN Secretary General, the position of the Cyprus president. It’s very encouraging and hopefully this will be the starting point to start the process.”
Tatar was not negative to the proposal, but did not answer anything officially. Unofficially, according to information from the Cypriot media, he pointed out that he would be positive in some such move, but only after the solution of the Cyprus problem. Thus, at the moment the fate of an initiative largely depends on the Turkish Cypriot community and Turkey.
The new committee. The “truth commission” will consist of three members: a Greek Cypriot, a Turkish Cypriot and a representative of the International Red Cross. Those who know the truth about a missing person will be able to testify about the circumstances of death, without fear of punishment, as has been the case since 1990.
How it will work
OR “truth commission” it will be a development of DEA. It will still consist of three members: one Greek Cypriotone Turkish Cypriot and a representative of him International Red Crosswho will preside in rotation. The same people will continue to work as before, in the same way as before, and the work will be confidential.
Those who know the truth about a missing person will be able to testify about the circumstances of his death, without fear of punishment. Since 1990 there has been this de facto immunity for those who file with the existing CPA. The aim is to create de jure legal immunity for criminal, civil and administrative cases in Cyprus and abroad, in exchange for the truth, so that the circumstances of death can also be disclosed to relatives.
At this moment, identification means that the remains are found, they are handed over to the relatives and they according to their religious belief do the things of their religion and thus their mourning is completed.
“However, the legal obligation – under human rights – is not only to hand over the remains and say that he is dead, not missing, but also to say the condition of disappearance or death”, notes Mr. Dimitriadis.
“At least the relatives are entitled to it and the state has an obligation to disclose it. This truth about the 1,510 (whose remains have already been located) is in the files of the missing persons committee, which are confidential. Why should they be confidential? I realize they can expose someone, but let’s manage them somehow. The mistakes were made, the findings are there. Finally we have to face the truth.”
The files for the 1,510. “The truth about the 1,510 (identified in total) is in the files of the missing persons committee, which are confidential. What is the reason? I realize they can expose someone, but let’s manage them somehow. Finally, we have to face the truth”, Mr. Achilleas Dimitriadis.
The steps
It takes four levels for the “truth commission” to succeed.
– The terms of reference agreed in 1981 between the leaders of the two communities for the operation of the commission need modification. The two leaders will have to get together with their teams to make the changes. Already in the text sent by “Truth Now” there are the required modifications that will essentially allow an effective investigation to be carried out.
– Changes in the internal law of the two communities. The de facto immunity under which the CIA operates was granted by the attorney general of each side responsible for criminal prosecutions. The committee wants this to be upgraded and incorporated into the legal system of each community, so that there are statutory duties to prevent the information from being used in criminal, civil or administrative proceedings.
– The General Assembly of the United Nations, which is also the generative cause of the creation of the Commission on Missing Persons, should amend its resolution on the ICC and upgrade it to a “truth commission”.
– Creation of internal regulations for the mode of operation, the scope of the investigation and other technical issues related to an upgrade.
The milestone of March
Mr. Dimitriadis poses as landmark for developments him March of 2025at which time the Committee of Ministers at Council of Europe.
In its context 4th Interstate Appeal of Cyprus against Turkey at European Court of Human Rightspending the execution of the decision according to which Turkey will have to pay 30 million euros for the missing Greek Cypriots.
In this context, Mr. Dimitriadis, the Republic of Cyprus could also, without admission and ex gratia, give about 10 million. euros to the families of the missing Turkish Cypriots, setting as a condition that Turkey pay 60 million. for the stranded or their relatives.
Turkey has this obligation in the Council of Europe and must explain why it is not implementing it. A country when it has a conviction must pay reparations, take individual measures for those proven to be in violation and take general measures for those in the same category as those for whom there was a conviction.
The “truth commission” could be the final result of the 4th Interstate Appeal and there will be continuous supervision by the Committee of Ministers of the Council of Europe until all missing persons are identified.
“Turkey has a legal obligation to take steps to clarify the fate of the missing. This step, the concept of transitional justice, is universally accepted. It is a formula that works to heal wounds from societies that have gone through war or conflict,” he notes and emphasizes that the climate in Strasbourg it is suitable for such moves, which could be followed by other countries in other transnational cases that are already before the European Court.
“Imagine if this experiment succeeds for the 2,002 missing person files. Then why not extend it to intra-community issues? When this process of truth begins, there are many who will want to take part”, says Mr. Dimitriadis, concluding: “There must be an end, the truth must be given and society, acting on the opportunity of the revelation of the truth, must build on a more solid foundation for the future.”
