CYPRUS v. TURKEY JUDGMENT
49
“abandoned” by Greek-Cypriot displaced persons. Furthermore, Turks from
Turkey not resident in the “TRNC” were not treated as having abandoned
their property and were permitted to acquire new property holdings or
homes.
197. The applicant Government further submitted that, as a matter of
practice, the respondent State failed, on a discriminatory basis, to provide
remedies for Greek Cypriots and Greeks in respect of their property rights.
In their submission, there was a breach of Article 14 of the Convention in
conjunction with Article 13.
198. The Commission concluded that the interferences with the rights
under Article 8 of the Convention and Article 1 of Protocol No. I concerned
exclusively Greek Cypriots not residing in northern Cyprus and were
imposed on them for the very reason that they belonged to this class of
person. There was accordingly a breach of Article 14 read together with
Article 8 of the Convention and Article 1 of Protocol No. 1. The
Commission did not pronounce on the applicant Government's complaint
under Article 13 taken together with Article 14.
199. The Court considers that, in the circumstances of the present case,
the applicant Government's complaints under this heading amount in effect
to the same complaints, albeit seen from a different angle, as those which
the Court has already considered in relation to Articles 8 and 13 of the
Convention and Article 1 of Protocol No. 1. It has found that those Articles
have been violated. In considers that it is not necessary to examine whether
in this case there has been a violation of Article 14 taken in conjunction
with those Articles by virtue of the alleged discriminatory treatment of
Greek Cypriots not residing in northern Cyprus as regards their rights to
respect for their homes, to the peaceful enjoyment of their possessions and
to an effective remedy.
5. Article 3 of the Convention
200. The applicant Government claimed that the treatment to which the
displaced persons were subjected amounted to an infringement of Article 3
of the Convention, which provides:
“No one shall be subjected to torture or to inhuman or degrading treatment or
punishment.”
201. The applicant Government pleaded that the Court should find a
violation of Article 3 since, in their view, treatment especially singling out
categories of persons on racial and ethnic grounds, subjecting them to
severe hardship, denying them or interfering with their Convention rights,
and doing so specifically and publicly, amounted to conduct which was an
affront to human dignity to the point of being inhuman treatment.
202. The Commission considered that it was unnecessary to examine
whether the discrimination at issue also constituted inhuman or degrading