22
CYPRUS v. TURKEY JUDGMENT
other individuals within its jurisdiction may engage that State's
responsibility under the Convention. Any different conclusion would be at
variance with the obligation contained in Article 1 of the Convention.
4. As to the requirement to exhaust domestic remedies
82. The respondent Government maintained in the proceedings before
the Commission that the “TRNC” had a fully developed system of
independent courts which were accessible to every individual. Furthermore,
Greek Cypriots and Maronites living in northern Cyprus were regarded as
“TRNC” citizens and enjoyed the same rights and remedies as Turkish
Cypriots living there. To illustrate their view of the effectiveness of local
remedies, the respondent Government drew the Commission's attention to
cases in which Greek Cypriots living in the Karpas region of northern
Cyprus successfully sued the Attorney-General of the “TRNC” under the
Civil Wrongs Law in respect of property matters. The respondent
Government claimed in this connection that the applicant Government
actively discouraged Greek Cypriots and Maronites living in northern
Cyprus from recognising “TRNC” institutions, with the result that they did
not seek redress for their grievances through the “TRNC” legal system.
83. The applicant Government, in the proceedings before the Court,
maintained their opposition to the above arguments. They stressed that the
description given by the respondent Government of the “TRNC”'s
constitutional and legal order disregarded the context of total unlawfulness
in which the “constitution and laws” were created. The applicant
Government reiterated their view that the establishment of the “TRNC” in
1983 and its legal and constitutional apparatus stemmed directly from the
aggression waged against the Republic of Cyprus by Turkey in 1974. This
aggression continued to manifest itself in the continuing unlawful
occupation of northern Cyprus. The applicant Government contended that,
having regard to the continuing military occupation and to the fact that the
“TRNC” was a subordinate local administration of the respondent State, it
was unrealistic to expect that the local administrative or judicial authorities
could issue effective decisions against persons exercising authority with the
backing of the occupation army in order to remedy violations of human
rights committed in furtherance of the general policies of the regime in the
occupied area.
84. The applicant Government stated before the Court that their primary
starting-point was that the relevant applicable law in northern Cyprus
remained that of the Republic of Cyprus and that it was inappropriate to
consider other laws. However if, and only if, the Court were minded to
consider such laws, this should not lead to approval of the Commission's
findings and reasoning in relation to Articles 6, 13 and former Article 26 of
the Convention. They submitted that, contrary to the Commission's view, it
was not a necessary corollary of the “TRNC” being considered a