66
CYPRUS v. TURKEY JUDGMENT
the “TRNC” authorities of condoning such acts or failing to investigate or
prevent them. It observes that the Commission carefully studied the oral
evidence of witnesses but was unable to conclude that the allegation was
substantiated. Having regard to its own assessment of the evidence relied on
by the applicant Government, the Court accepts that conclusion. It further
observes that the “domestic law” of the “TRNC” provides for civil actions
to be taken against trespassers and criminal complaints to be lodged against
wrongdoers. The “TRNC” courts have on occasion found in favour of
Greek-Cypriot litigants. As noted previously, it has not been established on
the evidence that there was, during the period under consideration, an
administrative practice of denying individuals from the enclaved population
access to a court to vindicate their civil rights (see paragraph 240 above).
272. The Court concludes accordingly that no violation of Article 1 of
Protocol No. 1 has been established by reason of an alleged practice of
failing to protect the property of Greek Cypriots living in northern Cyprus
against interferences by private persons.
8. Article 2 of Protocol No. 1
273. The applicant Government averred that the children of Greek
Cypriots living in northern Cyprus were denied secondary-education
facilities and that Greek-Cypriot parents of children of secondary-school
age were in consequence denied the right to ensure their children's
education in conformity with their religious and philosophical convictions.
The applicant Government relied on Article 2 of Protocol No. 1, which
states:
“No person shall be denied the right to education. In the exercise of any functions
which it assumes in relation to education and to teaching, the State shall respect the
right of parents to ensure such education and teaching in conformity with their own
religious and philosophical convictions.”
274. The applicant Government approved the reasons given by the
Commission for finding a violation of the above provision. However, they
requested the Court to rule that this provision had also been breached on
account of the prevention by the respondent State of appropriate primaryschool teaching until the end of 1997. Before that date, the “TRNC” had not
permitted the appointment of a primary-school teacher. In the applicant
Government's submission this policy interfered with the right of GreekCypriot children to a primary education.
275. The Commission, with reference to the principles set out by the
Court in the Case relating to certain aspects of the laws on the use of
languages in education in Belgium (merits) (judgment of 23 July 1968,
Series A no. 6), observed that the secondary educational facilities which
were formerly available to children of Greek Cypriots had been abolished
by the Turkish-Cypriot authorities. Accordingly, the legitimate wish of
Greek Cypriots living in northern Cyprus to have their children educated in