Hopes of breakthrough in Truth Commission on Missing after New York talks

The outcome after the hyped dinner in New York between President Nikos Christodoulides, Turkish Cypriot leader Ersin Tatar and UN Secretary General (UNSG) Antonio Guterres did not conclude with any particularly exciting official statements.

In a hollow admission of no progress, the UNSG’s office expressed regret that “no common ground had been found between the leaders on the way forward on the Cyprus issue.”

A vague ray of optimism could arguably be found over the fact both leaders agreed to have an informal meeting in a broader format – ostensibly with the guarantor powers (with or without Britain), and to discuss the possibility of opening new crossings.

But outside of public statements, the leaders have made a step towards realising an ambition to give answers over the missing, the Cyprus Mail has learned.

Though it seems to have slipped through the net in what was officially stated, Christodoulides put forth the idea of a Truth Commission to Tatar.

The Turkish Cypriot leader did not outright reject it but said not before a solution. Or yes, but after a solution, depending on what slant one chooses to focus on.

Though the government officially denies this happened, a source close to the negotiations who spoke to the Cyprus Mail on condition of anonymity emphatically stressed the discussion did happen.

And though this is a small step, the source noted this gives some hope that the framework surrounding the Truth Commission could be built on.

The establishment of a Truth Commission has been ardently campaigned for by human rights lawyer Achilleas Demetriades, in a bid to uncover the truth over the missing persons from the intercommunal troubles of the 1960s and 1974 Turkish invasion.

The campaign has been taken up by NGO TruthNow.

Speaking to the Cyprus Mail, Demetriades called the development “a breakthrough.”

“This is historical…I want to publicly congratulate Mr. Christodoulides for repeating this initiative for a Truth Commission before the UNSG.”

Though Tatar’s ‘yes’ to a Truth Commission is for a later stage, this is “something positive in this black environment,” Demetriades stressed.

He explained that it appears Tatar “accepts in principle a Truth Commission, and it is only a matter of timing.”

As such, this paves the way for preparatory work to begin, Demetriades said.

“We can start tomorrow if we get the go ahead.”

Recently, former Akel leader Andros Kyprianou said that former President Demetris Christofias had proposed a Truth Commission.

Demetriades said that lays the foundation to make the argument that Akel is in favour of a Truth Commission.

“The missing link is then Disy.” If party leader Annita Demetriou throws her weight behind establishing the commission, then a parliamentary majority is cemented.

This means a legislative amendment to upgrade the Committee on Missing Persons (CMP) to a Truth Commission, could be passed through in parliament.

The CMP’s mandate is to identify the missing. But the Truth Commission wants to shed light over how individuals came to die.

Preparatory work would entail a discussion on changing the terms of reference and discussions in each community on the evidence law and immunity.

Demetriades said the Truth Commission would require immunity be applied as a de jure matter rather than de facto, which has been the case for the last 34 years.

So far, immunity has been granted to witnesses assisting in investigations, after the attorney-generals of both sides wrote to the third – non-Cypriot – member of the CMP in August 1990 assuring the witnesses would not be prosecuted.

De jure however would cement the immunity into law.

“Proposing to make it de jure, means that any evidence presented to the commission would by law be inadmissible in any criminal, civil, procedures in Cyprus or abroad.”

Additionally, expertise would be sought out by academics, experts from the EU, Council of Europe and UN, he specified.

This would involve establishing answers to questions as to how proceedings would unfold. “Would it be an open hearing? A closed hearing?”

There is much preparatory work to be undertaken by both Greek Cypriots and Turkish Cypriots, Demetriades underlined, as he stressed preparatory works could begin “tomorrow” should the green light be given.