CYPRUS v. TURKEY JUDGMENT
75
enclaved Greek Cypriots were victims of unreasonable and unjustified
differences in treatment based on racial and religious grounds, the
fundamental principle underlying Article 14 was violated as a matter of
practice. They contended that the elements of discrimination included the
pattern of restrictions and pressures which constituted the policy of ethnic
cleansing in the Karpas region; the respondent State's policy of
demographic homogeneity; the continuing violations of Greek-Cypriots'
property rights as a consequence of the systematic implantation of settlers;
the restrictions on the movement of displaced Greek Cypriots as a facet of
ethnic exclusiveness; the transfer of possession of the property of displaced
Greek Cypriots forced to leave the Karpas region to Turkish settlers; and the
continued deprivation of possessions of Greek Cypriots located within the
Turkish-occupied area.
313. The Commission, for its part, did not find it necessary, in view of
its finding on the applicant Government's Article 3 complaint, to consider
the instant complaints also in the context of the respondent State's
obligations under Article 14.
314. The Court agrees with the Commission's conclusion. Having regard
to the reasoning which underpins its own finding of a violation of Article 3
it considers that there is no need to pronounce separately on what is in
reality a restatement of a complaint which is substantially addressed in that
finding.
315. The Court concludes therefore that, in view of its finding under
Article 3 of the Convention, it is not necessary to examine whether during
the period under consideration there has been a violation of Article 14 of the
Convention taken in conjunction with Article 3 in respect of Greek Cypriots
living in northern Cyprus.
4. Article 14 of the Convention taken in conjunction with other relevant
Articles
316. The applicant Government requested the Court to find that the
respondent State's policies towards the enclaved Greek Cypriots involved
violations of Article 14 of the Convention taken in conjunction with the
relevant provisions. They submitted that the population concerned was
discriminated against in the enjoyment of the rights guaranteed under these
provisions on racial, religious and linguistic grounds.
317. The Court considers that, having regard to the particular
circumstances of this case, it is not necessary to examine whether during the
period under consideration there has been a violation of Article 14 of the
Convention taken in conjunction with the other relevant Articles.