CYPRUS v. TURKEY JUDGMENT
71
occasion of social or other visits paid by third parties, including family
members.
295. The Court considers that such highly intrusive and invasive acts
violated the right of the Greek-Cypriot population in the Karpas region to
respect for their private and family life. No legal basis for these acts has
been adduced, less so any justification which could attract the provisions of
Article 8 § 2 of the Convention. They were carried out as a matter of
practice. As such, no question as to the exhaustion of local remedies arises
in the circumstances.
296. Having regard to the above considerations, the Court concludes that
there has been a violation of the right of Greek Cypriots living in northern
Cyprus to respect for their private and family life and to respect for their
home, as guaranteed by Article 8 of the Convention.
297. The Court further notes that the applicant Government contest the
Commission's finding that it has not been established that during the period
under consideration the correspondence of the enclaved Greek Cypriots was
intercepted or opened as a matter of administrative practice. Having regard
to its own assessment of the evidence, the Court considers that the applicant
Government's challenge to the Commission's conclusion cannot be
sustained. It observes that the evidence does bear out that in certain cases
persons at the Ledra Palace crossing-point were searched for letters.
However, the evidence before it does not substantiate to the required
standard the allegation that such searches were carried out as a matter of
administrative practice; nor does it support the view that there was a
consistent practice of tapping telephone calls made to and from the homes
of Greek Cypriots.
298. In view of the above considerations, the Court concludes that no
violation of Article 8 of the Convention has been established by reason of
an alleged practice of interference with the right of Greek Cypriots living in
northern Cyprus to respect for their correspondence.
299. The Court notes that the applicant Government do not dispute the
Commission's decision to examine globally the living conditions of Greek
Cypriots in northern Cyprus from the standpoint of Article 8. They do,
however, request the Court to isolate from that examination a number of
alleged specific interferences with the right to respect for private life and to
rule separately on their merits (see paragraphs 283-86 above). In the Court's
opinion, the matters relied on by the applicant Government in this
connection are in reality bound up with their more general allegation that
the respondent State pursues a policy which is intended to claim the
northern part of Cyprus for Turkish Cypriots and settlers from Turkey to the
exclusion of any Greek-Cypriot influence. The applicant Government
maintain that this policy is manifested in the harshness of the restrictions
imposed on the enclaved Greek-Cypriot population. For the Court, the
specific complaints invoked by the applicant Government regarding