CYPRUS v. TURKEY JUDGMENT 39 Like the Commission, and without questioning the value of the humanitarian work being undertaken by the CMP, the Court reiterates that those obligations cannot be discharged with reference to the nature of the CMP's investigation (see paragraph 135 above). 150. The Court concludes that, during the period under consideration, there has been a continuing violation of Article 5 of the Convention by virtue of the failure of the authorities of the respondent State to conduct an effective investigation into the whereabouts and fate of the missing GreekCypriot persons in respect of whom there is an arguable claim that they were in custody at the time they disappeared. 151. The Court, on the other hand finds, like the Commission, that it has not been established that during the period under consideration any of the Greek-Cypriot missing persons were actually being detained by the Turkish-Cypriot authorities. (d) Articles 3, 6, 8, 13, 14 and 17 of the Convention 152. The Court observes that, at the merits stage of the proceedings before the Commission, the applicant Government submitted that the facts of the case disclosed violations of the above-mentioned Articles. The Commission concluded that these complaints were outside the scope of its admissibility decision and on that account could not be examined. 153. The Court further observes that the applicant Government have not pursued these complaints either in their memorial or at the public hearing; nor have they sought to dispute the Commission's interpretation of the scope of its admissibility decision. In these circumstances the Court considers that there is no reason to consider either its jurisdiction to examine these complaints or their merits. The Court concludes therefore that it is not necessary to examine the applicant Government's complaints under Articles 3, 6, 8, 13, 14 and 17 of the Convention in respect of the Greek-Cypriot missing persons. B. Greek-Cypriot missing persons' relatives 1. Article 3 of the Convention 154. The applicant Government, for the reasons given by the Commission, requested the Court to rule that the continuing suffering of the families of missing persons constituted not only a continuing but also an aggravated violation of Article 3 of the Convention, which states: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” 155. In the Commission's opinion, the circumstances relied on by the applicant Government disclosed a continuing violation of Article 3 regarding the relatives of the missing persons. For the Commission, in view

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