64
CYPRUS v. TURKEY JUDGMENT
Greek Cypriots living in northern Cyprus the right to freedom of
association.
7. Article 1 of Protocol No. 1
264. The applicant Government complained that Greek Cypriots and
Maronites living in northern Cyprus were victims of violations of their
rights under Article 1 of Protocol No. 1. They contended that the authorities
of the respondent State unlawfully interfered with the property of deceased
Greek Cypriots and Maronites as well as with the property of such persons
who decided to leave permanently the northern part. Furthermore,
landowners were denied access to their agricultural land situated outside a
three-mile radius of their villages. The applicant Government requested the
Court to confirm the Commission's conclusion that Article 1 of Protocol No.
1 had been violated in these respects.
265. In a further submission, the applicant Government pointed to their
claim that third parties interfered with the property of the persons
concerned, whether situated inside their villages or beyond the three-mile
zone and that the “TRNC” authorities acquiesced in or tolerated these
interferences. In the applicant Government's view, the evidence adduced
before the Commission clearly demonstrated that the local police did not, as
a matter of administrative practice, investigate unlawful acts of trespass,
burglary and damage to property, contrary to the respondent State's positive
obligations under Article 1 of Protocol No. 1. They observed with regret
that the Commission had failed to find a violation despite the existence of
substantial evidence of an administrative practice. The applicant
Government requested the Court to depart from the Commission's finding
on this particular complaint.
266. The Commission accepted on the evidence that there was no
indication that during the period under consideration there were any
instances of wrongful allocation of Greek-Cypriot property to other persons
and that the property of resident Greek Cypriots was not treated as
“abandoned property” within the meaning of “Article 159 of the TRNC
Constitution” (see paragraph 184 above). It observed in this connection that
the local courts had ruled in favour of a number of Greek Cypriots who
claimed that their properties had been wrongfully allocated under the
applicable domestic “rules”. However, the Commission did find it
established that Greek Cypriots who decided to resettle in the south were no
longer considered legal owners of the property which they left behind. Their
situation was accordingly analogous to that of displaced persons (see
paragraph 187 above) and, as with the latter, there were no remedies
available to them to contest this state of affairs.
267. The Commission was not persuaded either that heirs living in
southern Cyprus would have any realistic prospects of invoking remedies
before the “TRNC” courts to claim inheritance rights to the property of