Pelşin Çetinkaya

 

AMED - 16 years have passed since Ceylan Önkol, aged 12, was killed in the shadow of war. Her story still serves as a stark reminder of the heavy price children pay in this region.

 

While protecting children in conflict zones is the primary responsibility of states, these obligations are systematically violated, particularly in Kurdistan. The death of Ceylan Önkol, who was murdered at the age of 12 in 2009, is etched in memory as one of the most striking examples of these violations. Although the Convention on the Rights of the Child, the European Convention on Human Rights, and the UN Principles for the Protection of Children in Armed Conflict, to which Turkey is a party, impose clear obligations, Ceylan Önkol's story once again demonstrated that children's rights to life, health, education, and security are not protected in conflict zones. 

 

The body was removed by the family

 

On September 28, 2009, while grazing animals in the village of Xanbaz (Hanbaz) in the Lîce district of Amed, she was killed by a mortar shell fired from a nearby military outpost. After the incident became known, his family and villagers demanded that the body be removed; however, the authorities did not arrive for six hours. Ceylan's mother, unable to bear it any longer, gathered her daughter's torn body in her arms. With the help of the villagers, the body was removed from where it lay.

 

‘The body lay on the ground for six hours’

 

Saliha Önkol recounted the incident from the very beginning: “My son was the first to arrive at the scene and initially saw a goat; blood was coming from the goat. Then he noticed Ceylan. He started screaming. He took off his shirt and threw it over Ceylan so I wouldn't see her. I went over, and when I saw Ceylan like that, I lost it. The ambulance, the prosecutor, the soldiers, the police... No one came. Ceylan died around 11:30 a.m.; she lay there for 6 hours. We notified the prosecutor, the police, the gendarmerie. But they didn't come at all. The prosecutor came to the Abalı Police Station. He stated that the reason he didn't come there was because it was a ‘terrorist zone’. They couldn't guarantee his safety if he went there. The imam or the village headman filmed the scene. We took Ceylan, along with the footage, to the Abalı Police Station and performed the autopsy there. They claimed the cause of death was stepping on a mine. We stayed there until 8:00 PM. Then we brought her back home."

 

The prosecutor went to the scene three days later

 

The prosecutor went to the scene only three days later, saying that “there was no safety.” Gendarmerie and police reports claimed that Ceylan “struck the explosive with a pickaxe.” However, the family refuted these claims, stating that the pickaxe was only bent in the middle and there was no damage to the tip. The axe presented by the family as evidence to the prosecutor was not accepted.

 

'She died while in a defensive position'

 

Prof. Dr. Ümit Biçer, who prepared an independent report, stated that Ceylan “died while in a defensive position.” This finding reinforced allegations that shots were fired from a nearby gendarmerie battalion. However, the report by the Machine and Chemical Industry Corporation merely reiterated the views of official institutions.

 

Confidentiality order on the case file

 

In 2010, a confidentiality order was placed on the case file. In 2013, a decision of non-prosecution was issued on the grounds that “no evidence was found.” In 2014, the case file was left to lapse with a “permanent search” decision.

 

ECHR: No violation of the right to life

 

Upon the family's application, the ECHR announced its decision in 2017, ruling that “there was no violation of the right to life.” However, IHD reports and independent expert investigations strongly suggested the possibility of military fire in Ceylan's death.

 

Ministry of Interior found responsible

 

In the compensation case filed by the family, the Council of State ruled that the Ministry of Interior had failed to properly carry out its security duties. It was decided that material compensation would be paid; however, claims for moral compensation were rejected.

 

Ceylan's name lives on in people's memories

 

Following the massacre, the Çewlîk branch of the Human Rights Association (İHD) has organized annual painting, poetry, and short story competitions in Ceylan's name. In 2019, artist Zehra Doğan painted Ceylan's portrait on the walls of London.

 

The massacres continue

 

Despite the passing years, children continue to be killed in conflict zones. The judiciary remains silent.