Press Release: Complaint before UN Human Rights Committee on Turkish Airstrikes against Yazidi civilians & civilian objects in Iraq
CASE: Filing of Complaint before United Nations Human Rights Committee on Turkish Airstrikes against Yazidi civilians and civilian objects in Iraq – Attack on a hospital, Sikeniye Medical Clinic in Sinjar, on 17 August 2021.
FILING DATE: 27 July 2023
REPRESENTATIVE NGOs: Accountability Unit (AU) instructed by Women for Justice (WfJ) on behalf of a class of survivors and victims. Turkey Human Rights Litigation Support Project (TLSP) provided an expert opinion on whether a domestic remedy for survivors was realistic.
On 27 July 2023, Accountability Unit (AU), on instruction from Women for Justice (WfJ), filed a formal complaint before the UN Human Rights Committee concerning airstrikes carried out by the Republic of Türkiye (Türkiye), on 17 August 2021, which targeted and destroyed a civilian hospital, Sikeniye Medical Clinic, in Sinjar, Iraq, killing eight civilians and severely injuring many others. This is the first case to be brought, before an available international adjudicatory body, on the issue of Turkish airstrikes against the Yazidis.
The filing was on behalf of four witnesses to the airstrikes, of whom three are complainants and one eyewitness / interested party, and follows a meticulous two-year expert investigation. The complainants and witnesses are anonymised given the real risk of reprisals if their identities were revealed.
The complainants / witnesses were affected by airstrikes on the Clinic as follows.
C1, then a staff member at Sikeniye Medical Clinic, was seriously injured with lasting effect by the airstrikes. C1 is a Yazidi, national of Iraq, from Sinjar.
C2, then a staff member at Sikeniye Medical Clinic, was seriously injured with lasting effect because of the airstrikes. C2 is a Yazidi, national of Iraq, from Sinjar.
C3, is the immediate relative of a victim, who died as a result of the airstrikes. They contemporaneously identified the remains of their brother. C3 is a Yazidi, national of Iraq, from Sinjar.
W1, witnessed the aftermath of the airstrikes and identified a person who was killed, C3’s relative, and also identified other casualties and injured survivors including C1 and C2. W1 is a Yazidi, national of Iraq, from Sinjar. W1 is a senior member of several important community organisations in Sinjar.
There were many who were not direct victims but were traumatized by the airstrikes, and also affected by no longer having a hospital to cater for their needs in their locality. This also impacts the ability for Yazidi refugees and displaced persons in returning to Sinjar. Some direct victims have feared coming forward.
The complainants’ case is that Türkiye conducted the airstrikes against Sikeniye Medical Clinic, that resulted in the killing and serious injury to civilians, in violation of their right to life under international law, as guaranteed by Article 6 of the International Covenant on Civil and Political Rights 1966 (ICCPR). Further, Türkiye failed to investigate the killing of civilians resulting from the airstrikes, and failed to provide victims with effective remedies, constituting a violation of their rights to a prompt, independent and effective investigation, and to effective remedy, as guaranteed by Articles 2 and 6, ICCPR.
To date, Türkiye has not been held responsible, either domestically or internationally, for the killing of civilians as a result of the airstrikes in Sinjar.
The complaint is brought on behalf of Yazidi survivors and victims who continue to face ongoing airstrikes at the hands of the Turkish State. WfJ, a Yazidi NGO based in Germany that acts as intermediary for the Complainants, campaigns for real and meaningful accountability and redress for victims and survivors of the airstrikes including reparations as well as a commitment to cease and desist further unlawful airstrikes. The airstrikes on Sikeniye Medical Clinic, and the tragic consequences and loss of civilian life, are emblematic of several previous and ongoing airstrikes by the Turkish State avowedly against Yazidi civilians and civilian objects. The survivors request effective remedy and adequate, effective and prompt reparation for the harm suffered.
Expert opinion provided by the Turkey Human Rights Litigation Support Project (TLSP) shows that there was no possibility of domestic remedy in Türkiye. There is no realistic possibility to advance criminal or administrative law actions in the domestic courts against the principal perpetrators (the Turkish armed forces) of the airstrikes who form part of the State itself and given the actions are occurring against non-Turkish nationals and in overseas territory. The UN Human Rights Committee offers the only realistic and available venue which could entertain a complaint given the futility of pursuing actions in Türkiye with all the risks that entails.
The legal team for the survivors and victims comprised: Aarif Abraham (Barrister, Doughty Street International, & Acting Director, Accountability Unit); Dr Tatyana Eatwell (Barrister & Head of Doughty Street International); Soraya Bauwens (Barrister, 1 MCB & Executive Member of the Bar Human Rights Committee), and other leading international experts. The intermediary for the survivors/victims was Dr Leyla Ferman (CEO of Women for Justice). An expert opinion was provided, with the guidance of Ayse Bingol, under the auspices of the Turkey Human Rights Support Litigation Project.
INFORMATION ABOUT AU & WfJ
Accountability Unit is a human rights NGO which advances gender-based rights in conflict settings. We work with partners in countries where there is an urgent need to legally support women, girls and others facing severe human rights violations because of their gender. Our vision is the abolition of conflict related sexual violence and gender-based harm. With that in mind we seek to: obtain legal redress for survivors of gender-based rights violations in conflict settings; hold to account perpetrators of conflict related sexual violence; and advance gender mainstreaming and awareness of gender-based rights.
Women for Justice e. V. is a women-led Yazidi NGO which was founded 2018 in Germany following the genocide of the so-called Islamic State (IS) against Yazidis on 3 August 2014 in Sinjar, Iraq. They have volunteers and partners in Iraq and Syria. A central purpose of the organization is to raise awareness about so-called IS occupation, its crimes and discriminatory aspects. They seek to advance and mobilize women’s organizations and offer legal support to the survivors, carry out diplomatic works, raise public awareness and have social projects in the field. The members, predominantly women, are both Yazidis and Non-Yazidis. They count several survivors among the team members, and also include them in the decision-making processes on projects and activities.
INTERMEDIARY FOR YAZIDI SURVIVORS
Dr Leyla Ferman, CEO of Women for Justice
COMPOSITION OF LEGAL TEAM + EXPERTS
Aarif Abraham, Barrister, Doughty Street International, & Acting Director, Accountability Unit.
Dr Tatyana Eatwell, Barrister & Head of Doughty Street International.
Soraya Bauwens, Barrister, 1 MCB & Executive Member of the Bar Human Rights Committee.
Other leading practitioners contributed to the case and prefer not to be named.
Expert. Ayse Bingol Demir, Lawyer & Director of Turkey Human Rights Litigation Support Project (TLSP).
The project also received the kind support from the Yazidi Justice Committee (YJC) and the Bar Human Rights Committee (as a founding member of YJC) with thanks to Aswini Weeraratne KC. YJC’s report on State Responsibility and the Yazidi Genocide was published in July 2022 and referenced Turkish airstrikes on Yazidi civilians and civilian objects.
Websites:
https://accountabilityunit.org
https://www.womenforjustice.net
https://www.turkeylitigationsupport.com
FOR PRESS ENQUIRIES: Please use the webform or contact Aarif Abraham or Dr Leyla Ferman at contact[at]yazidijustice.com.
