118 CYPRUS v. TURKEY JUDGMENT – PARTLY DISSENTING OPINION OF JUDGE FUAD “3. I would also emphasise that not only does northern Cyprus not come under Turkey's jurisdiction, but there is a (politically and socially) sovereign authority there which is independent and democratic. It is of little consequence whether that authority is legally recognised by the international community. When applying the Convention the actual factual circumstances are the decisive element. The Commission and the Court have stated more than once that the concept of 'jurisdiction' within the meaning of Article 1 of the Convention covers both de facto and de jure jurisdiction. In northern Cyprus there is no 'vacuum', whether de jure or de facto, but a politically organised society, whatever name and classification one chooses to give it, with its own legal system and its own State authority. Who today would deny the existence of Taiwan? That is why the Commission in its report in the Chrysostomos and Papachrysostomou cases examined the law in force in northern Cyprus as such, and not Turkish law in order to determine whether the applicants' detention had been lawful (see paragraphs 148, 149 and 174 of the report).” 31. I do not agree that the facts relied upon by the Court justified a finding that every violation, whatever its nature and whoever perpetrated it, is imputable, without more, to the respondent State. Everything must depend on the factual position as it has developed between 1963 and the present day, and the circumstances which prevailed at the time of each alleged violation. In my judgment, with great respect to those who take a different view, in the light of the events which took place (which have not been paralleled elsewhere) it was essential to examine the role of the troops at the material time as well as their conduct. 32. I mention here that I am not impressed by the submission that unless Turkey is held to be accountable for the alleged violations in the Karpas, no other State would be accountable, with the result that the system of the Convention would be inoperative in the area. I do not think that considerations of this kind should be allowed to influence the Court. 33. I was not satisfied that it had been established to the degree of certainty that is necessary that any of the violations relied upon in relation to Greek Cypriots living in the Karpas region of northern Cyprus are imputable to Turkey. 34. On the subject of military courts, for the reasons I have attempted to give, I am unable to accept that Turkey can be held responsible for any shortcomings there might be (for the purposes of Article 6) in the Prohibited Military Areas Decree promulgated by the “TRNC”.