78
CYPRUS v. TURKEY JUDGMENT
nor Article 13 of the Convention guarantee a successful outcome to an
applicant in court proceedings, the Court considers that the applicant
Government have failed to rebut the evidence laid before the Commission
that aggrieved Greek Cypriots had access to local courts in order to assert
civil claims against wrongdoers.
Secondly, it finds that there has been a violation of Article 13 of the
Convention in respect of interferences by the authorities with the rights of
Greek Cypriots living in northern Cyprus under Articles 3, 8, 9 and 10 of
the Convention and Articles 1 and 2 of Protocol No. 1. These interferences
resulted from an administrative practice of violating the rights at issue; no
remedies, or no effective remedies, were available to aggrieved persons.
VI. ALLEGED VIOLATION OF THE RIGHT OF DISPLACED GREEK
CYPRIOTS TO HOLD ELECTIONS
325. The applicant Government, in the proceedings before the
Commission, claimed that Article 3 of Protocol No. 1 had been violated in
that displaced Greek Cypriots were prevented from effectively enjoying the
right freely to elect representatives in the Cyprus legislature in respect of the
occupied territory. The applicant Government did not pursue this complaint
before the Court either in their written or oral submissions.
326. The Court, while noting that the Commission did not find on the
merits that the provision in question had been violated, does not consider it
necessary to examine the complaint, having regard to the fact that the
complaint has not been pursued by the applicant Government.
327. The Court concludes, accordingly, that it is not necessary to
examine of its own motion whether the facts disclose a violation of Article 3
of Protocol No. 1.
VII. ALLEGED VIOLATIONS IN RESPECT OF THE RIGHTS OF
TURKISH CYPRIOTS, INCLUDING MEMBERS OF THE GYPSY
COMMUNITY, LIVING IN NORTHERN CYPRUS
328. The applicant Government pleaded that Turkish Cypriots resident
in northern Cyprus who were opponents of the “TRNC” regime, as well as
members of the Gypsy community living in the north, were victims of major
violations of their Convention rights. These violations, they contended,
occurred as a matter of administrative practice. The applicant Government
pleaded in addition that there were no effective remedies to secure redress in
respect of the violations.
329. The applicant Government relied on Articles 3, 5, 6, 8, 10, 11, 13
and 14 of the Convention and Articles 1 and 2 of Protocol No. 1,
distinguishing, as appropriate, between alleged violations of the rights of
Turkish Cypriots and those of the Gypsy community.