CYPRUS v. TURKEY JUDGMENT – PARTLY DISSENTING OPINION OF JUDGE COSTA 109 remedies before the local courts. However, surely a distinction should be drawn between the infringement of the victims' rights and freedoms, which is undisputed, and the fact that, rightly or wrongly, the victims did not believe an action in the courts feasible or effective? Further, should their failure to bring an action be equated to a lack of evidence of an administrative practice, something which is in any event very difficult to prove and has been only rarely accepted as substantiated in the Court's decisions? 6. To my mind, it would have been simpler for the Court to accept the Commission's findings and to deem them a violation of the rights guaranteed by the Convention and the Protocols thereto. For that reason, I did not vote in favour of that operative provision. 7. As for the rest, and without deriving any individual or collective selfsatisfaction, I readily agree with the grounds and operative provisions of this important judgment.

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