60
CYPRUS v. TURKEY JUDGMENT
247. The Court notes that the applicant Government have requested it to
make a similar finding in respect of the Maronite community living in
northern Cyprus. However, it considers that the evidence before it is
insufficient to prove beyond reasonable doubt that members of this
community were prejudiced to the same extent as the Greek-Cypriot
population in the north in the exercise of their right to freedom of religion. It
finds therefore that no violation of Article 9 has been established in respect
of the Maronite population living in northern Cyprus.
5. Article 10 of the Convention
248. The applicant Government asserted that the “TRNC” authorities
engaged in excessive censorship of school-books, restricted the importation
of Greek-language newspapers and books and prevented the circulation of
any newspapers or books whose content they disapproved of. In their
submission, these acts violated as a matter of administrative practice the
right of the enclaved Greek Cypriots to receive and impart information and
ideas guaranteed by Article 10 of the Convention, which provides:
“1. Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas without
interference by public authority and regardless of frontiers. This Article shall not
prevent States from requiring the licensing of broadcasting, television or cinema
enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests of
national security, territorial integrity or public safety, for the prevention of disorder or
crime, for the protection of health or morals, for the protection of the reputation or
rights of others, for preventing the disclosure of information received in confidence, or
for maintaining the authority and impartiality of the judiciary.”
249. The applicant Government approved the Commission's finding that
school-books destined for Greek-Cypriot children in the north were subject
to excessive measures of censorship. However, in their submission the
Commission had failed to give due regard to the ample evidence confirming
that Greek-language books and newspapers were censored and confiscated
by the “TRNC” authorities. The applicant Government stated that it would
be stretching credulity to accept that these authorities censored schoolbooks, however innocent their content, but permitted the unrestricted
importation of other categories of books. The applicant Government relied
on the oral affirmation of certain witnesses heard by the Commission's
delegates that books, like newspapers, had to be surreptitiously taken into
northern Cyprus for fear of confiscation.
250. The Commission found a violation of Article 10 in so far as the
Turkish-Cypriot authorities had, during the period under consideration,
censored or rejected the distribution of a considerable number of school-