CYPRUS v. TURKEY JUDGMENT
15
53. Furthermore, while there was a significant incidence of emigration
from the “TRNC” for economic reasons, it could not be excluded that there
were also cases of Turkish Cypriots having fled the “TRNC” out of fear of
political persecution. The Commission considered that there was no reason
to doubt the correctness of witnesses' assertions that in a few cases
complaints of harassment or discrimination by private groups of or against
political opponents were not followed up by the “TRNC” police. However,
it concluded that it was not established beyond reasonable doubt that there
was in fact a consistent administrative practice of the “TRNC” authorities,
including the courts, of refusing protection to political opponents of the
ruling parties. In so far as it was alleged by the applicant Government that
the authorities themselves were involved in the harassment of political
opponents, the Commission did not have sufficient details concerning the
incidents complained of (for example, the dispersing of demonstrations,
short-term arrests) which would allow it to form an opinion as to the
justification or otherwise of the impugned acts. The Commission noted that,
in any event, it did not appear that the remedy of habeas corpus had been
invoked by persons claiming to be victims of arbitrary arrest or detention.
54. Regarding the alleged discrimination against and arbitrary treatment
of members of the Turkish-Cypriot Gypsy community, the Commission
found that judicial remedies had apparently not been used in respect of
particularly grave incidents such as the pulling down of shacks near
Morphou and the refusal of airline companies to transport Gypsies to the
United Kingdom without a visa.
55. In a further conclusion, the Commission observed that there was no
evidence before it of Turkish-Cypriot civilians having been subjected to the
jurisdiction of military courts during the period under consideration.
Furthermore, and with respect to the evidence before it, the Commission
considered that it had not been established that, during the period under
consideration, there was an official prohibition on the circulation of Greeklanguage newspapers in northern Cyprus or that the creation of bicommunal associations was prevented. In respect of the alleged refusal of
the “TRNC” authorities to allow Turkish Cypriots to return to their
properties in southern Cyprus, the Commission observed that no concrete
instances were referred to it of any persons who had wished to do so during
the period under consideration.