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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