According to KurdPress, the Public Prosecutor's Office in Lice, Diyarbakır, issued a decision of "non-prosecution," thereby rejecting a request from the Human Rights Association of Turkey (İHD) to launch an investigation into the burial site of Meqdad Erkek, a PKK member who lost his life during clashes in 1996.
On April 7, 2026, the Diyarbakır branch of the Human Rights Association filed a complaint regarding the "illegal burial of bodies," requesting that the Lice Public Prosecutor's Office conduct an investigation—including excavations—at the "Üçdamlar" Gendarmerie Command site, where the remains of Mikdad Erkek are alleged to be buried.
In its ruling, the Prosecutor's Office stated that the allegations were based on speculation and hearsay, and that no concrete evidence, information, or documentation had been presented to warrant expanding the investigation. Consequently, a decision was issued not to prosecute.
The Human Rights Association appealed this decision; however, the Diyarbakır 3rd Criminal Court of Peace rejected the appeal, affirming that the Prosecutor's Office's decision was in accordance with the law and regulations and that there were no grounds to alter it.
Yılmaz Erkek, Mikdad’s brother, described this decision as a sign of the state’s "refusal to confront the past." He recounted that after his brother was killed in 1996, a gendarmerie officer had informed his father that he should visit the Civil Registry Office to register his son's death.
According to him, when his father asked where his son had been killed, the "Dara Hene" region was cited; however, the Civil Registry Office refused to issue a death certificate because the body was missing.
Yılmaz Erkek also stated that he began his own investigation in 2011 and uncovered information about the incident in a book titled *Until the Leaves Sprout*, which details the military operations of 1996.
According to him, the book states that the bodies of certain PKK members ended up in the river following a clash. During subsequent inquiries, the family also learned from local residents that several bodies had washed ashore, been handed over to the Gendarmerie, and were subsequently buried within the confines of the military base.
Erkek argued that if the bodies had not come into the possession of government forces, Gendarmerie officials would not have known the location and time of his brother's death. He further claimed that the government is aware of the burial sites of numerous slain PKK members but withholds this information.
Meqdad Erkek’s brother stated that the rejection of this request demonstrates that the government has yet to adopt a sincere approach regarding the examination of the past within the framework of the so-called "Peace and Democratic Society" process.
He emphasized that the family would not abandon its pursuit of legal action; following the rejection of the human rights association's petition, they would proceed individually this time and, if necessary, take the case all the way to the European Court of Human Rights.
Yılmaz Erkek stated that the family's primary wish is to locate the burial site of Miqdad for the sake of his ailing, 85-year-old mother.
According to him, the family hopes that his mother will be able to visit her son's grave at least once before she passes away. He added that even if his mother does not see this wish fulfilled, he himself will continue to pursue the legal aspects of the case for as long as he lives.
Background of the Case
Miqdad Erkek joined the PKK in 1992 and lost his life in April 1996 during a clash in an area situated between the districts of Lice, Kulp, and Genç.
His family spent years searching for his remains. In 2010, the PKK announced that 19 of its members had been killed in that same operation and held memorial services for them.
Based on subsequent investigations by the family and accounts from local witnesses, it is reported that after the clash, Gendarmerie forces retrieved several bodies from the river and buried them within the grounds of the Uçdamlar military outpost. Citing these accounts, the family sought legal support from the Human Rights Association in 2025; however, both their request for an investigation and their subsequent appeal were rejected by judicial authorities.
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