CYPRUS v. TURKEY JUDGMENT
17
23 March 1995 (preliminary objections) (Series A no. 310) and to the
reaction of the international community to the proclamation of the
establishment of the “TRNC” in 1983, in particular the two resolutions
adopted by the United Nations Security Council and the resolution of the
Council of Europe's Committee of Ministers condemning this move in the
strongest possible terms (see paragraph 14 above).
61. The Court, like the Commission, finds that the respondent
Government's claim cannot be sustained. In line with its Loizidou judgment
(merits) (loc. cit.), it notes that it is evident from international practice and
the condemnatory tone of the resolutions adopted by the United Nations
Security Council and the Council of Europe's Committee of Ministers that
the international community does not recognise the “TRNC” as a State
under international law. The Court reiterates the conclusion reached in its
Loizidou judgment (merits) that the Republic of Cyprus has remained the
sole legitimate government of Cyprus and on that account their locus standi
as the government of a High Contracting Party cannot therefore be in doubt
(loc. cit., p. 2231, § 44; see also the above-mentioned Loizidou judgment
(preliminary objections), p. 18, § 40).
62. The Court concludes that the applicant Government have locus
standi to bring an application under former Article 24 (current Article 33) of
the Convention against the respondent State.
2. As to the applicant Government's legal interest in bringing the
application
63. The respondent Government pleaded before the Commission that
Resolutions DH (79) 1 and DH (92) 12 adopted by the Committee of
Ministers on the previous inter-State applications (see paragraph 17 above)
were res judicata of the complaints raised in the instant application which,
they maintained, were essentially the same as those which were settled by
the aforementioned decisions of the Committee of Ministers.
64. In their reply, the applicant Government stated that neither of the
above-mentioned resolutions precluded the Court's examination of the
complaints raised in the instant application. In the first place, the Committee
of Ministers never took any formal decision on the findings contained in
either of the Commission's reports under former Article 31. Secondly, the
application currently before the Court was to be distinguished from the
earlier applications in that it set out new violations of the Convention,
invoked complaints which were not the subject of any definitive finding by
the Commission in its earlier reports and was, moreover, premised on the
notion of continuing violations of Convention rights.
65. The Commission agreed with the applicant Government's reasoning
and rejected the respondent Government's challenge under this head.
66. The Court, like the Commission, accepts the force of the applicant
Government's reasoning. It would add that this is the first occasion on which