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

 

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II.

PART IV - CONCLUSIONS

The Commission,

Having examined the allegations in the two applications (see Part II above);

Having found that Art. 15 of the Convention does not apply (see Part III);

Arrives at the following conclusions:

I.         Displacement of persons

1.       The Commission concludes by thirteen votes against one that, by the refusal to allow the return of more than 170,000 Greek Cypriot refugees to their homes in the north of Cyprus, Turkey violated, and was continuing to violate [705], Art. 8 of the Convention in all these cases [706].

2.       The Commission concludes by twelve votes against one that, by the eviction of Greek Cypriots from houses, including their own homes, by their transportation to other places within the north of Cyprus, or by their deportation across the demarcation line, Turkey has equally violated Art. 8 of the Convention.

3.       The Commission concludes by thirteen votes against one that, by the refusal to allow the return to their homes in the north of Cyprus to several thousand Greek Cypriots who had been transferred to the south under inter-communal agreements, Turkey violated, and was continuing to violate [707], Art. 8 of the Convention in all these cases [708].

4.       The Commission concludes by fourteen votes against one with one abstention that, by the separation of Greek Cypriot families brought about by measures of displacement in a substantial number of cases, Turkey has again violated Art. 8 of the Convention [709].

II.         Deprivation of liberty [710]

1.         "Enclaved persons"

(a)         The Commission, by eight; votes against five votes and with two abstentions, concludes that the curfew imposed at night on enclaved Greek Cypriots in the north of Cyprus, while a restriction of liberty, is not a deprivation of liberty within the meaning of Art. 5 (1) of the Convention [711].

(b)         The Commission, by twelve votes with two abstentions, further concludes thathe alleged restrictions of movement outside the built-up area of villages in the north of Cyprus would fall within the scope of Art. 2 of Protocol No. 4, not ratified by either Cyprus or Turkey, rather than within the scope of Art. 5 of the Convention. It is therefore unable to find a violation of Art. 5 insofar as the restrictions imposed on Greek Cypriots in order to prevent them from moving freely outside villages in the north of Cyprus are imputable to Turkey [712].

2.         "Detention centres"

(a)         The Commission, by thirteen votes against one, concludes that, by the confinement of more than two thousand Greek Cypriots to detention centres established in schools and churches at Voni, Gypsou and Morphou, Turkey has violated Art. 5 (1) of the Convention [713].

(b)         The Commission, by thirteen votes against one, further concludes that, by the confinement of Greek Cypriots to private houses in Gypsou and Morphou, where they were kept under similar circumstances as in the detention centres, Turkey has equally violated Art. 5(1)[714].

(c)         The Commission, by ten votes against two with two abstentions, finally concludes that, by the confinement of Greek Cypriots to the Kyrenia Dome Hotel after 14 August 1974, Turkey has again violated Art. 5 (1)[715].

3.         "Prisoners and detainees"

(a)         The Commission, by thirteen votes against one, concludes that the detention of Greek Cypriot military personnel in Turkey was not in conformity with Art. 5 (1) of the Convention [716].

(b)         The Commission, by thirteen votes against one, concludes that the detention of Greek Cypriot civilians in Turkey was equally not in conformity with Art. 5(1)[717].

(c)         Considering that it was unable to establish the imputability to Turkey under the Convention of the detention of 146 Greek Cypriots at Saray prison and Pavlides Garage in the Turkish sector of Nicosia,  the Commission, by ten votes against two with two abstentions, does not consider itself called upon to express an opinion as to the conformity with Art. 5 of the detention of Greek Cypriot prisoners in the north of Cyprus [718].

(d)         The Commission, by 14 votes against none, with two abstentions, has not found it necessary to examine the question of a breach of Art. 5 with regard to persons accorded the status of prisoners of war [719].

4.         Final observation

The Commission, by seven votes against six with three abstentions, decided not to consider as a separate issue the effect of detention on the exercise of the right to respect for one's private and family life and home (Art. 8 of the Convention).

III.         Deprivation of life [720]

The Commission, by fourteen votes against one, considers that the evidence before it constitutes very strong indications of violations of Art. 2 (1) of the Convention by Turkey in a substantial number of cases. The Commission restricted the taking of evidence to a hearing of a limited number of representative witnesses and the Delegation, during the period fixed for the hearing of witnesses, heard eye-witnesses only concerning the incident of Elia. The evidence obtained for this incident establishes the killing of twelve civilians near Elia by Turkish soldiers commanded by an officer contrary to Art. 2 (1).

In view of the very detailed material before it on other killings alleged by the applicant Government the Commission, by fourteen votes against one, concludes from the whole evidence that killings happened on a larger scale than in Elia.

There is nothing to show that any of these deprivations of life were justified under paras. (1) or (2) of Art. 2.

IV.         Ill-treatment

1.       The Commission, by twelve votes against one, finds that the incidents of rape described in the cases referred to and regarded as established constitute "inhuman treatment" and thus violations of Art. 3, for which Turkey is responsible under the Convention [721].

2.       The Commission, by twelve votes against one, concludes that prisoners were in a number of cases physically ill-treated by Turkish soldiers. These acts of ill-treatment caused considerable injuries and at least in one case the death of the victim. By their severity they constitute "inhuman treatment" and thus violations of Art. 3, for which Turkey is responsible under the Convention [722].

3.       The Commission, by twelve votes against one, concludes that the withholding of an adequate supply of food and drinking water and of adequate medical treatment from Greek Cypriot Prisoners held at Adana and detainees in the northern area of Cyprus, with the exception of Pavlides Garage and Saray prison, again constitutes, in the cases considered as established and in the conditions described, "inhuman treatment" and thus a violation of Art. 3, for which Turkey is responsible under the Convention [723].

4.       The Commission, by twelve votes against one, concludes that the written statements submitted by the applicant Government constitute indications of ill-treatment by Turkish soldiers of persons not in detention [724].

V.         Deprivation of possessions

The Commission, by twelve votes against one, finds it established that there has been deprivation of possessions of Greek Cypriots on a large scale, the exact extent of which could not be determined. This deprivation must be imputed to Turkey under the Convention and it has not been shown that any of these interferences were necessary for any of the purposes mentioned in Art. 1 of Protocol No. 1. The Commission concludes that this provision has been violated by Turkey [725].

VI.         Forced labour

The Commission, by eight votes against three votes and with one abstention, finds that the incompleteness of the investigation with regard to the allegations on forced labour does not allow any conclusions to be made on this issue [726].

VII.      Other issues [727]

1.       The Commission, by twelve votes against one vote and with. three abstentions, considers that no further issue arises under Art. 1 of the Convention [728].

2.       The Commission, by thirteen votes against one vote and with two abstentions, has found no evidence that effective remedies, as required by Art. 13 of the Convention, were in fact available [729].

3.       Having found violations of a number of Articles of the Convention, the Commission notes that the acts violating the Convention were exclusively directed against members of one of the two communities in Cyprus, namely the Greek Cypriot community. It concludes by eleven votes to three that Turkey has thus failed to secure the rights and freedoms set forth in these Articles without discrimination on the grounds of ethnic origin, race and religion as required by Art. 14 of the Convention [730].

4.       The Commission, by twelve votes with four abstentions, considers that Arts. 17 and 18 of the Convention do not raise separate issues in the present case [731].

 

Secretary to the Commission

 

 

 

President of the Commission

(H.C. KRÜGER)

(J.E.S. FAWCETT)


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Notes:

[705] As of 18 May 1976 (see para. 5 above).

[706] See para. 208

[707] See para. 209.

[708] See para. 210 in fine.

[709] See para. 211 in fine.

[710] See also para. 88 in fine.

[711] See para. 235.

[712] See para. 236.

[713] See para. 285.

[714] See para. 286.

[715] See para. 288.

[716] See para. 309.

[717] See para. 310.

[718] See para. 311.

[719] See para. 313.

[720] See paras. 353-355.

[721] See para. 374.

[722] See para. 394.

[723] See paras. 404 and 405.

[724] See para. 410.

[725] See para. 486.

[726] See para. 495.

[727] See also para. 88 (complaints concerning searches of homes and interference with correspondence).

[728] See para. 498.

[729] See para. 501.

[730] See para. 503.

[731] See para. 505.

 


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