Ministry refuses to disclose Sheikh Said's burial place 

2023-04-15 12:42:55


	 

	DİYARBAKIR- The Ministry of Interior refused to share information and documents, arguing that "they are not the hostile party" in the lawsuit filed for the disclosure of Sheikh Said's burial place.

	 

	Amed Bar Association, Sheikh Said Education Culture and Solidarity Association and Sheikh Said's grandson and guardian Kasım Fırat applied to the Ministry of Interior to reveal the burial place of Sheikh Said, who was executed in 1925 with 46 of his friends. In the process initiated in 2019, the Ministry of Interior did not respond to the application. The plaintiffs, pointing out that the Ministry's failure to respond to the request within the 30-day legal period means the implicit rejection of the application, applied to the Ankara 5th Administrative Court for the stay of execution of the decision of the Ministry of Interior, which means the rejection of the request, on the grounds that the decision would cause irreparable damages. In the request for a stay of execution, the right to know the truth in the Additional Protocol No. 1 to the Geneva Convention, the "Declaration of Disappearances", the "Convention on Disappearances", the United Nations' Updated Principles on the Promotion and Protection of Human Rights through Combating Immunity, and the "United Nations Enforced Disappearance" The Declaration on the Protection of Everyone Against "The obligation to take effective measures imposed on states and the principle of freedom of thought and expression of the European Convention on Human Rights were cited as the legal basis.

	 

	REJECT TO STOP EXECUTION

	 

	The Ministry of Internal Affairs, which requested a defense within the scope of the application accepted by the court, stated that they were not the hostile party in the incident and therefore the request for a stay of execution was devoid of legal basis, and demanded the rejection of the request for the suspension of the execution of the administrative action. The court rejected the request of the administrative courts for the stay of execution of the decision on its merits, considering that in the second paragraph of Article 27 of the Administrative Procedure Law No.

	 

	'WE ARE NOT THE HOSTILA PARTIES'

	 

	The court set a date for April 25 for the first hearing in the case where the discussion on the merits continues with the refusal to stay the execution of the decision of the Ministry of Interior not to share information. The Ministry of Internal Affairs, which requested documents and information regarding the request, indirectly refused to share information and documents with the court, stating that it was not theirs.

	 

	'MINISTRY REFUSES TO SHARE INFORMATION'

	 

	Mehdi Özdemir, the lawyer of the Amed Bar Association and the Şeyh Sait family, who are parties to the case, said: "The content of the letter sent by the Ministry of Interior to the court shows us that it refrains from sharing information and that the family and the society as a whole do not want to fulfill their request for the determination of the burial place. Likewise, it is clear that the court can decide on the determination of the family's burial place by obtaining the information and documents in the possession of the state, and it is a requirement of a fair trial; however, the Ministry of Interior ignores this issue and does not consciously implement the court's interim decision. For family members, this situation is a violation of the right to respect for family life due to the Ministry's failure to share information."