110 CYPRUS v. TURKEY JUDGMENT PARTLY DISSENTING OPINION OF JUDGE FUAD 1. I voted against the finding of the majority of the Court that there had been a continuing violation of Article 1 of Protocol No. 1 by the respondent State by virtue of the fact that Greek-Cypriot owners of property in northern Cyprus were being denied access to, and the right to control and enjoy, their property without compensation for the interference with their property rights. Unless the Court, as presently constituted, was persuaded that the judgment of the majority in the Loizidou case was wrong, this decision was to be expected. 2. With great respect, in my view the majority has not given sufficient weight to the causes and effects of the ugly and catastrophic events which took place in Cyprus between 1963 and 1974 (which literally tore the island apart) or to developments that have occurred since, particularly the involvement of the United Nations. I have found the reasoning in some of the dissenting opinions annexed to the Loizidou v. Turkey judgment of 18 December 1996 (merits) (Reports of Judgments and Decisions 1996-VI) cogent and compelling. They stress the unique and difficult features of what might be called the Cyprus problem. 3. Judge Bernhardt (joined by Judge Lopes Rocha) made a number of observations about the present situation in Cyprus and the effect that it had on the issues before the Court. He said: “1. A unique feature of the present case is that it is impossible to separate the situation of the individual victim from a complex historical development and a no less complex current situation. The Court's judgment concerns in reality not only Mrs Loizidou, but thousands or hundreds of thousands of Greek Cypriots who have (or had) property in northern Cyprus. It might also affect Turkish Cypriots who are prevented from visiting and occupying their property in southern Cyprus. It might even concern citizens of third countries who are prevented from travelling to places where they have property and houses. The factual border between the two parts of Cyprus has the deplorable and inhuman consequence that a great number of individuals are separated from their property and their former homes. I have, with the majority of the judges in the Grand Chamber, no doubt that Turkey bears a considerable responsibility for the present situation. But there are also other actors and factors involved in the drama. The coup d'état of 1974 was the startingpoint. It was followed by the Turkish invasion, the population transfer from north to south and south to north on the island, and other events. The proclamation of the socalled 'Turkish Republic of Northern Cyprus', not recognised as a State by the international community, is one of those events. The result of the different influences and events is the 'iron wall' which has existed now for more than two decades and which is supervised by United Nations forces. All negotiations or proposals for negotiations aimed at the unification of Cyprus have failed up to now. Who is responsible for this failure? Only one side? Is it possible to give a clear answer to this and several other questions and to draw a clear legal conclusion?