E/CN.4/1996/35/Add.1
page 141
support of the view that human rights law was applicable in situations of war,
armed conflict or disturbances of public order. Any activity of the
Government or its agents that had implications for the human rights that the
signatories of the appeal were mandated to monitor and protect, fell squarely
within the purview of their mandates. The signatories were competent to make
pronouncements as to the applicability of international law, whether human
rights or humanitarian, and the conformity of government activities with this
body of law, as long as the rights falling thematically under their mandates
were covered thereby. Human rights and humanitarian law protected the same
human values and were inextricably linked legal fields. Any legal appraisal
would be incomplete if it did not refer to the whole of the applicable body of
international law. On 16 June 1995, the Government replied that it was of the
view that the articles and provisions cited did not confer special rapporteurs
and working groups with the duty to oversee the performance of the States
Parties to an armed conflict and that such responsibilities could only be
assigned by a protecting Power with the consent of the State concerned. The
international community did not stand to gain anything by confusing the sphere
of human rights law with that of humanitarian law and the problem, if any,
could not be solved by arbitrarily extending the mandates of special
rapporteurs and working groups, but by further developing international
humanitarian law.
756. Ali Ekber
daughter Cig
˘dem
Fidan Güler and
on or around 23
said to be in a
Kaya, President of the Tunceli Human Rights Association, his
Kaya, his relative Hüseyin Dag
˘deviren, health worker
her husband Hüseyin Güler were reportedly taken into detention
March 1995 at police headquarters in Tunceli. Cig
˘dem Kaya was
coma in hospital following torture (6 April 1995).
757. On 31 May 1995 the Government replied that the above-mentioned persons
had been detained in connection with alleged activities for the organization
"Marxist-Leninist Communist Party/Liberation" (MLKP/K). They had gone on
hunger strike and Fidan Güler and Çig
˘dem Kaya were taken to the Tunceli State
Hospital on 31 March 1995. It had been established that they were not
subjected to torture or ill-treatment during their detention.
758. Sedat Avs
¸ar and Hasip Avs
¸ar were reportedly detained in Kus
¸adasi
on 7 March 1995, after having sustained gunshot wounds. They are cousins of
Serif Avs
¸ar, who was allegedly abducted and killed by members of the security
forces in April 1994. They were said to have been taken to Diyarbakir for
questioning and to have been brought by the gendarmerie in ill health on
10 April to the house of their aunt. They were being interrogated at
Diyarbakir gendarmerie regimental headquarters. In addition Sait Avs
¸ar, the
brother of Serif Avs
¸ar, and Ramazan Avs
¸ar and Ilhan Avs
¸ar, both cousins of
Serif Avs
¸ar, were reportedly detained on 11 April 1995 in Mersin and were
being held at Mersin police headquarters (19 April 1995).
759. On 31 May 1995 the Government replied that Sedat Avs
¸ar and Hasip Avs
¸ar
had been detained on the charge of PKK membership and had been trying
illegally to leave the country. Sait Avs
¸ar, Ilhan Avs
¸ar and Ramazan Avs
¸ar
were detained on 12 April 1995 in Icel. They were referred to the office of
the chief public prosecutor of Icel and arrested the same day. It was
established that they had not been subjected to torture or ill-treatment
during their detention.
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