CYPRUS v. TURKEY JUDGMENT
13
or on family visits which were based on decisions of the “TRNC Council of
Ministers”, any legal challenge to these restrictions would be futile given
that such decisions were not open to review by the courts.
42. Although the Commission found no evidence of cases of actual
detention of members of the enclaved population, it was satisfied that there
was clear evidence that restrictions on movement and family visits
continued to be applied to Greek Cypriots and Maronites notwithstanding
recent improvements. It further observed that an exit visa was still necessary
for transfers to medical facilities in the south, although no fees were levied
in urgent cases. There was no evidence to confirm the allegation that the
processing of applications for movement was delayed in certain cases with
the result that the health or life of patients was endangered; nor was there
any indication of a deliberate practice of delaying the processing of such
applications.
43. The Commission found it established that there were restrictions on
the freedom of movement of Greek-Cypriot and Maronite schoolchildren
attending schools in the south. Until the entry into force of the decision of
the “TRNC Council of Ministers” of 11 February 1998, they were not
allowed to return permanently to the north after having attained the age of
16 in the case of males and 18 in the case of females. The age-limit of
16 years was still maintained for Greek-Cypriot male students. Up to the
age-limit, certain restrictions applied to the visits of students to their parents
in the north, which were gradually relaxed. However, even today such visits
are subject to a visa requirement and a reduced “entry fee”.
44. As to educational facilities, the Commission held that, although there
was a system of primary-school education for the children of Greek
Cypriots living in northern Cyprus, there were no secondary schools for
them. The vast majority of schoolchildren went to the south for their
secondary education and the restriction on the return of Greek-Cypriot and
Maronite schoolchildren to the north after the completion of their studies
had led to the separation of many families. Furthermore, school textbooks
for use in the Greek-Cypriot primary school were subjected to a “vetting”
procedure in the context of confidence-building measures suggested by
UNFICYP. The procedure was cumbersome and a relatively high number of
school-books were being objected to by the Turkish-Cypriot administration.
45. Aside from school-books, the Commission found no evidence of any
restrictions being applied during the period under consideration to the
importation, circulation or possession of other types of books; nor was there
evidence of restrictions on the circulation of newspapers published in
southern Cyprus. However, there was no regular distribution system for the
Greek-Cypriot press in the Karpas area and no direct post and
telecommunications links between the north and south of the island. It was
further noted that the enclaved population was able to receive GreekCypriot radio and television.