40
CYPRUS v. TURKEY JUDGMENT
of the circumstances in which their family members disappeared following a
military intervention during which many persons were killed or taken
prisoner and where the area was subsequently sealed off and became
inaccessible to the relatives, the latter must undoubtedly have suffered most
painful uncertainty and anxiety. Furthermore, their mental anguish did not
vanish with the passing of time. The Commission found that the treatment
to which the relatives of the missing persons were subjected could properly
be characterised as inhuman within the meaning of Article 3.
156. The Court recalls that the question whether a family member of a
“disappeared person” is a victim of treatment contrary to Article 3 will
depend on the existence of special factors which give the suffering of the
person concerned a dimension and character distinct from the emotional
distress which may be regarded as inevitably caused to relatives of a victim
of a serious human-rights violation. Relevant elements will include the
proximity of the family tie – in that context, a certain weight will attach to
the parent-child bond –, the particular circumstances of the relationship, the
extent to which the family member witnessed the events in question, the
involvement of the family member in the attempts to obtain information
about the disappeared person and the way in which the authorities
responded to those enquiries. The Court further recalls that the essence of
such a violation does not so much lie in the fact of the “disappearance” of
the family member but rather in the authorities' reactions and attitudes to the
situation when it is brought to their attention. It is especially in respect of
the latter that a relative may claim directly to be a victim of the authorities'
conduct (see Çakici v. Turkey [GC], no. 23657/94, § 98, ECHR 1999-IV).
157. The Court observes that the authorities of the respondent State have
failed to undertake any investigation into the circumstances surrounding the
disappearance of the missing persons. In the absence of any information
about their fate, the relatives of persons who went missing during the events
of July and August 1974 were condemned to live in a prolonged state of
acute anxiety which cannot be said to have been erased with the passage of
time. The Court does not consider, in the circumstances of this case, that the
fact that certain relatives may not have actually witnessed the detention of
family members or complained about such to the authorities of the
respondent State deprives them of victim status under Article 3. It recalls
that the military operation resulted in a considerable loss of life, large-scale
arrests and detentions and enforced separation of families. The overall
context must still be vivid in the minds of the relatives of persons whose
fate has never been accounted for by the authorities. They endure the agony
of not knowing whether family members were killed in the conflict or are
still in detention or, if detained, have since died. The fact that a very
substantial number of Greek Cypriots had to seek refuge in the south
coupled with the continuing division of Cyprus must be considered to
constitute very serious obstacles to their quest for information. The