On 28 September 2009 at 11:30, 12 year-old Ceylan Önkol lost her life as a result of being fired upon while tending sheep. The incident occured in Xambaz hamlet near Şenlik village in the Lice district of Diyarbakır province. A Human Rights Delegation drafted a report after visiting the village where the incident took place and gathering everyone’s statements. Ceylan’s mother, father, older brother and indeed every witness asserted that they had heard a humming and vooming-type sound that came from the direction of Tabantepe police station, followed by an explosion. Even this assertion implies that a mortar had been fired at that time. They didn’t know the exact type of weapon that was used, but the family identified the item as a mortar shell. But the type of artillery doesn’t change the identity of the perpetrators. The perpetrators are the ones who have these very special weapons.
The UN’s Convention on the Rights of the Child was published in Turkey’s official gazete in 1994 and went into effect in the country the same year. The Convention’s sixth article states: ‘1. States Parties recognize that every child has the inherent right to life. 2. States Parties shall ensure to the maximum extent possible the survival and development of the child.’ The state has to protect and safeguard children. The fact that perpetrators aren’t being tried in an active and effective way as the number of children’s deaths increases leaves us human rights defenders concerned.
In the criminal report it says that a mortar had been fired before the incident occured. But that contention can’t be used to absolve the suspects of responsibility for Ceylan’s death. Has even the most minor inquiry about the perpetrators been carried out up until now? What was the sound that was heard before the explosion, and why was it heard by everyone? Is the topic of the mortar that had been fired before being removed from the line of inquiry? Do sounds like that emerge when mortar shells are tampered with while they’re on the ground? According to the witness statements, was there or was there not a humming and vooming sound after it was fired? How come the criminal report that wasn’t given to Serdar Çelebi and Keziban Yılmaz (the Önkol family’s lawyers and members of the Human Rights Association’s Steering Committee) by the Lice public prosecturor’s office was given to the entire press in a surreptitious way? We’re interested in the answers to these questions.
In this region, we’ve seen other incidents resulting from articles that resemble unexploded ordinance and remants of war being tampered with or hit with a rock in areas where there are children. We showed that such incidents resulted in the child’s hand being severed and her entire body wounded.
In conclusion, we’ve been told that this incident result from Ceylan hitting an unexploded shell with a farming tool that she was holding in her hand. The report prepared by the criminal investigation unit at Diyarbakır Metropolitan Police Headquarters was not objective, and when the case file comes to the Diyarbakır Chief Public Prosecutor’s Office, we’re going to object as the Human Rights Association and as the family’s lawyers. We’re going to request that research be done to determine whether or not it’s possible to ascertain that a bomb had been deployed or not by looking at the components of the case file.
Muharrem Erbey, Attorney at Law
Vice President of the Human Rights Association, President of the Diyarbakır branch of the HRA