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Main Page :- Articles :- European Commission of Human Rights - Cyprus v. Turkey - Commission Report, 10 July 1976

 

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INTRODUCTION

1.       The following is an outline of the two applications as submitted by the Republic of Cyprus to the European Commission of Human Rights under Art. 24 of the European Convention on Human Rights.

In their first application (No. 6780/74) the applicant Government stated that Turkey had on 20 July 1974 invaded Cyprus, until 30 July occupied a sizeable area in the north of the island and on 14 August 1974 extended their occupation to about 40% of the territory of the Republic. The applicant Government alleged violations of. Arts. 1, 2, 3, 4, 5, 6, 8, 13 and 17 of the Convention and Art. 1 of Protocol No. 1 and of Art. 14 of the Convention in conjunction with the aforementioned Articles.

In their second application (No. 6950/75) the applicant Government contended that, by acts unconnected with any military operation, Turkey had, since the introduction of the first application, committed, and continued to commit, further violations of the above Articles in the occupied territory.

2.       The respondent Government argued that the applications were inadmissible on the following rounds: the applicants were not entitled to represent the Republic of Cyprus end. accordingly had no standing before the Commission as applicants under Art. 24 of the Convention; domestic remedies had not been exhausted as required by Art. 26 of the Convention; the respondent Government had no jurisdiction in the area of Cyprus where most of the alleged acts were claimed to have occurred; and the applications constituted an abuse of the right of petition [1].

3.       The two applications were joined by the Commission on 21 May 1975.

Having received the Parties' written observations on the admissibility of the applications the Commission, on 22 and 23 May 1975, heard their oral submissions on this issue.

On 26 May 1975 the Commission declared the applications admissible. This decision, together with a list of the Parties' representatives at the hearing, is reproduced in Appendix I to, the present Report.

4.       For the purpose of carrying out its double task under Art. 28 of the Convention of establishing the facts of the case and being at the Parties' disposal with a view to securing a friendly settlement, the Commission set up a Delegation which, in the course of its investigation, held hearing of witnesses and obtained further evidence in Cyprus in September 1975. Both the Commission and the Delegation also put themselves at the Parties' disposal with a view to securing a friendly settlement,

The respondent Government, for reasons stated in their communication of 27 November 1975 [2], did not participate in the proceedings on the merits and were not prepared to enter into negotiations with the applicant Government with a view to reaching a friendly settlement of the case. The legal problems arising as a result of this non-participation are dealt with in Part I, Chapter 4, of the Report.

5.       The present Report has been drawn up by the Commission in pursuance of Art. 31 of the Convention after deliberation in plenary session, the following members being present at all or part of these sessions:

MM.    J.E.S. FAWCETT, President

G. SPERDUTI, First Vice-President

C.A. NØRGAARD, Second Vice-President

F. ERMACORA

M.A. TRIANTAFYLLIDES

E. BUSUTTIL

L. KELLBERG

B. DAVER

T. OPSAHL

J. CUSTERS

C.H.F. POLAK

J.A.FROWEIN

G. JÖRUNDSSON

R.J. DUPUY

G. TENEKIDES

S. TRECHSEL

B.J. KIERNAN

N. KLECKER

The Report was adopted on 10 July 1976 and is now transmitted to the Committee of Ministers in accordance with para. (2) of Art. 31.

A friendly settlement of the case has not in the circumstances been possible and the purpose of the Commission in this Report, as provided in para. (1) of Art. 31, is accordingly:

(1)         to establish the facts, and

(2)         to state an opinion as to whether the facts found disclose a breach by the respondent Government of its obligations under the Convention.

The Commission's establishment of the facts in the present Report is based on submissions made and evidence received up to 18 May 1976.

The full text of the oral and written pleadings of the Parties, together with the documents handed in as exhibits, and the verbatim record of the hearing of witnesses are held in the archives of the Commission and are available to the Committee of Ministers if required.


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Notes:

[1] For detailed argumentation see Appendix I to this Report.

[2] Appendix II to this Report.

 


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