68
CYPRUS v. TURKEY JUDGMENT
279. The Court notes that the applicant Government raise a further
complaint in respect of primary-school education and the attitude of the
“TRNC” authorities towards the filling of teaching posts. Like the
Commission, it considers that, taken as a whole, the evidence does not
disclose the existence of an administrative practice of denying the right to
education at primary-school level.
280. Having regard to the above considerations, the Court concludes that
there has been a violation of Article 2 of Protocol No. 1 in respect of Greek
Cypriots living in northern Cyprus in so far as no appropriate secondaryschool facilities were available to them.
C. Overall examination of the living conditions of Greek Cypriots in
northern Cyprus
1. Article 8 of the Convention
281. The applicant Government asserted that the respondent State, as a
matter of administrative practice, violated in various respects the right of
Greek Cypriots living in northern Cyprus to respect for their private life and
home. The applicant Government invoked Article 8 of the Convention.
282. The applicant Government requested the Court to confirm the
Commission's finding that Article 8 was violated, firstly, on account of the
separation of families brought about by continuing restrictions on the right
of Greek Cypriots to return to their homes in the north and, secondly, as a
result of the effect of the entirety of these restrictions on the enclaved
population.
283. In their further submissions, the applicant Government maintained
that the Commission had failed to make an express finding that Article 8
had been breached by virtue of the effect which the various restrictions on
freedom of movement of the enclaved Greek Cypriots had during the period
under consideration on their right to respect for private life. They
highlighted in this connection the restrictions which prevented the enclaved
Greek Cypriots from assembling or meeting with other individuals on an
informal or ad hoc basis or attending bi-communal meetings or other
gatherings (see paragraphs 256-57 above). The applicant Government also
contended that a further and separate breach of the right to respect for
private life should be found in view of the consequences which the
restrictions on movement had on the access of enclaved Greek Cypriots to
medical treatment (see paragraphs 216-17 above). In this connection, the
applicant Government observed that the requirement to obtain permission
for medical treatment and the denial of visits by Greek-Cypriot doctors or
Maronite doctors of their choice interfered with the right of Greek Cypriots
in the north to respect for their private life.