Turkish Justice Ministry: Uludere killings 'mistake,' but not 'unfair'

The Justice Ministry has described the killing of 34 villagers by a Turkish military airstrike in 2011 in the southeastern province of ??rnak as a ?mistake,? though it was not necessarily an ?unfair use of force.?

The ministry?s statement on the matter was sent to the Constitutional Court upon an appeal by relatives of the Uludere/Roboski massacre victims. The top court conveyed the statement to the complainant families and asked for their counterstatement.

?Even if they [the military] hadn?t yet encountered an attack during a terror or an arrest operation, they were permitted to use force to attain their goals, as cited in the second clause of Article 2 of the European Convention on Human Rights. However, in this case, they should have a sincere conviction that their use of force was based on strong reasons that seemed valid during that time. Understanding later that there was a mistake cannot automatically make the use of the force unfair; thinking otherwise would burden the state with an unrealistic charge, which could harm their lives and that of others while fulfilling their duties,? the Justice Ministry said in its 28-page report on the issue.

?However, conditions surrounding the incident show the presence of a reasonable conviction that required the use of force,? the ministry also stated.

Article 2 of the European Convention on Human Rights covers the right to life.

?Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary: (a) in defense of any person from unlawful violence; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) in action lawfully taken for...