70
CYPRUS v. TURKEY JUDGMENT
291. The Commission noted however that, taken as a whole, the daily
life of Greek Cypriots in northern Cyprus was characterised by a multitude
of adverse circumstances, which were to a large extent the direct result of
the official policy conducted by the respondent State and its subordinate
administration. In the Commission's view these adverse factors served to
aggravate the breach of the enclaved Greek Cypriots' right to respect for
their private and family life and respect for their home.
292. The Court observes in the first place that the facts as found by the
Commission confirm that, during the period under consideration, the right
of the enclaved Greek Cypriots to family life was seriously impeded on
account of the measures imposed by the “TRNC” authorities to limit family
reunification. Thus, it was not disputed by the respondent Government in
the proceedings before the Commission that Greek Cypriots who
permanently left the northern part of Cyprus were not allowed to return even
if they left a family behind (see paragraph 29 above). Although
arrangements were introduced by the “TRNC” authorities to facilitate to a
limited extent family visits in 1998, the period under consideration for the
purposes of the instant application was characterised by severe limitations
on the number and duration of such visits. Furthermore, during the reference
period schoolchildren from northern Cyprus attending schools in the south
were not allowed to return permanently to the north after having attained the
age of 16 in the case of males and 18 in the case of females. It is also to be
observed that certain restrictions applied to the visits of those students to
their parents in the north (see paragraph 43 above).
293. In the Court's opinion, the imposition of these restrictions during
the period under consideration as a matter of policy and in the absence of
any legal basis resulted in the enforced separation of families and the denial
to the Greek-Cypriot population in the north of the possibility of leading a
normal family life. In the absence of any legal basis for these restrictions,
the Court does not have to consider whether the interferences at issue can be
justified with reference to the provisions of Article 8 § 2 of the Convention.
For the same reason it does not have to consider either whether aggrieved
individuals could have been expected to exhaust domestic remedies to
challenge what in effect amounts to an administrative practice of
interference with the right to respect for family life.
294. As to the alleged interferences with the right of the enclaved Greek
Cypriots to respect for their private life and home, the Court notes that the
Commission found it established on the evidence that, during the period
under consideration, this community was in effect monitored in respect of
its contacts and movements (see paragraph 287 above), Greek Cypriots
having to account to the authorities for even the most mundane of reasons
for moving outside the confines of their villages. The Court further notes
that the surveillance effected by the authorities even extended to the
physical presence of State agents in the homes of Greek Cypriots on the