Forced Displacement in Turkey: Pushing the Limits of theECHRSystem

Abstract

This article presents research findings on regional human rights tribunals and forced displacement. It assesses the response of the European Convention on Human Rights (ECHR) system to "village destructions" and "village returns" complaints lodged against Turkey and originating from the conflict between State security forces and the PKK (Partiya Karkarȇn Kurdistan). Within academic literature the role of the ECHR in Turkey tends to be reduced to discussion of a handful of substantive decisions. This article argues that there is much to be gained from closer examination of the (changing) dynamics of the ECHR in Turkey and the regulation of displacement. Two innovations can be observed from this case-study: a special level of 'protective' access and a proactive approach to fact-finding. The Turkish cases indicate a need for further investigation of the role of fact-finding in cases of displacement and the development of context-specific rules on sustainable returns processes.

Turkey's Position on IDP Properties: Lessons (Not) Learned

“…With regards to the research design, the case studies and methods employed here are believed to present a detailed contextual analysis, from which others studying similar questions can learn. Although Turkey seems to be unique in exploiting ECHR institutions (see Dinsmore, and Paraskeva, ), there can be a role for political learning and institutional cross‐fertilization across different cases.…”

“… For a detailed analysis of the role of the ECHR on the conflict, see Dinsmore (), where the author argues that the ECHR system had served a unique function in the Turkish case, where we observe both ‘a special level of protective access, and an unprecedented, proactive approach to fact‐finding.’ …”