16
CYPRUS v. TURKEY JUDGMENT
THE LAW
I. PRELIMINARY ISSUES
56. The Court observes that, in the proceedings before the Commission,
the respondent Government raised several objections to the admissibility of
the application. The Commission, at the admissibility stage of the
proceedings, considered these objections under the following heads: (1)
alleged lack of jurisdiction and responsibility of the respondent State in
respect of the acts complained of; (2) alleged identity of the present
application with the previous applications introduced by the applicant
Government; (3) alleged abuse of process by the applicant Government;
(4) alleged special agreement between the respective Governments to settle
the dispute by means of other international procedures; (5) alleged failure of
aggrieved persons concerned by the application to exhaust domestic
remedies; and (6) alleged failure by the applicant Government to comply
with the six-month rule.
57. The Court further observes that the Commission, in its admissibility
decision of 28 June 1996, rejected the respondent Government's challenges
under the third and fourth heads and decided to reserve to the merits stage
the issues raised under the remaining heads.
58. The Court notes that on account of the respondent Government's
failure to participate in the written and oral proceedings before it (see
paragraphs 11 and 12 above), the objections which Turkey relied on before
the Commission have not been re-submitted by her for consideration.
Although it is open to the Court in these circumstances, in application of
Rule 55 of the Rules of Court, to refuse to entertain the respondent
Government's pleas of inadmissibility, it nevertheless considers it
appropriate to examine them in the form of preliminary issues. It observes
in this connection that the applicant Government have devoted a substantial
part of their written and oral pleadings to these issues, including their
relevance to the merits of their various allegations.
Issues reserved by the Commission to the merits stage
1. As to the applicant Government's locus standi
59. In the proceedings before the Commission, the respondent
Government claimed that the applicant Government were not the lawful
government of the Republic of Cyprus. Referring to it as the “GreekCypriot administration”, they maintained that the applicant Government
lacked standing to bring the instant application.
60. The applicant Government refuted this assertion with reference, inter
alia, to the Court's conclusions in its Loizidou v. Turkey judgment of