54
CYPRUS v. TURKEY JUDGMENT
consider it necessary to examine in this case the extent to which Article 2 of
the Convention may impose an obligation on a Contracting State to make
available a certain standard of health care.
220. The Court further observes that the difficulties which the
Greek-Cypriot and Maronite communities experience in the area of health
care under consideration essentially stem from the controls imposed on their
freedom of movement. Those controls result from an administrative practice
which is not amenable to challenge in the “TRNC” courts (see paragraph 41
above). On that account, the Court considers that the issue of nonexhaustion need not be examined.
221. The Court concludes that no violation of Article 2 of the
Convention has been established by virtue of an alleged practice of denying
access to medical services to Greek Cypriots and Maronites living in
northern Cyprus.
222. The Court will revert to the applicant Government's complaint in
respect of the alleged interference with access to medical facilities in the
context of the overall assessment of compliance with Article 8 of the
Convention (see paragraphs 281 et seq. below).
2. Article 5 of the Convention
223. The applicant Government maintained that the evidence clearly
established that the personal security of the enclaved Greek Cypriots had
been violated as a matter of practice. The applicant Government relied on
Article 5 of the Convention in this respect, the relevant part of which reads:
“1. Everyone has the right to liberty and security of person...”
224. In the applicant Government's submission, the Commission was
incorrect in its conclusion that this complaint was not borne out by the
evidence. The applicant Government asserted that the written and oral
testimony of witnesses clearly demonstrated the vulnerability and fear of the
enclaved population and the impunity with which those responsible for
crimes against the person and property could act. As to the latter point, the
applicant Government observed that, although notified of complaints, the
police failed to take action and without identification of assailants and
suspects civil action, even if remedies were available, was impossible. They
stressed that account had to be taken of the fact that the victims of these acts
of criminality were aged and that the evidence given by certain witnesses to
the Commission's delegates had to be seen against the background of their
fear of retaliation.
225. The Commission noted that there were no cases of actual detention
of enclaved Greek Cypriots during the period under consideration; nor did it
find that the allegations of threats to personal security had been
substantiated. In these circumstances, no issue as to the exhaustion of