80
CYPRUS v. TURKEY JUDGMENT
all these complaints the applicant Government relied on specific sets of
facts in support of their allegations. At the merits stage the applicant
Government advanced further materials which, in their view, were intended
to elaborate on the facts initially pleaded in support of the complaints
declared admissible. However, in the Commission's opinion the materials
had the effect of introducing new complaints which had not been examined
at the admissibility stage. For this reason, the Commission could not
entertain what it considered to be “additional complaints”. The Court notes
that the complaints now invoked by the applicant Government fall into this
category.
333. The Court finds no reason to depart from the Commission's view of
the scope of its admissibility decision. It notes in this respect that the
Commission carefully examined the materials submitted by the applicant
Government in the post-admissibility phase and was anxious not to exclude
any further submissions of fact which could reasonably be considered to be
inherently covered by its admissibility decision. It is for this reason that the
Commission could properly relate the applicant Government's postadmissibility pleadings on various aspects of the alleged treatment of
political opponents to the complaint which it had declared admissible under
Article 5 of the Convention relating to violation of the security of their
person. In a similar vein, the Court also considers that the Commission was
justified in rejecting complaints which it clearly felt were new complaints,
for example as regards the effects of the respondent State's policy with
respect to settlers on the right of the indigenous Turkish Cypriots to respect
for private life.
334. The Court recalls that the Commission's decision declaring an
application admissible determines the scope of the case brought before the
Court; it is only within the framework so traced that the Court, once a case
is duly referred to it, may take cognisance of all questions of fact or of law
arising in the course of the proceedings (see the above-mentioned Ireland v.
the United Kingdom judgment, p. 63, § 157, and the Philis v. Greece
judgment of 27 August 1991, Series A no. 209, p. 19, § 56). Accordingly it
is the facts as declared admissible by the Commission which are decisive for
its jurisdiction (see, for example, the Guerra and Others v. Italy judgment of
19 February 1998, Reports 1998-I, p. 223, § 44). Although the Court is
empowered to give a characterisation in law to those facts which is different
from that applied in the proceedings before the Commission, its jurisdiction
cannot extend to considering the merits of new complaints which have not
been pleaded at the admissibility stage of the proceedings with reference to
supporting facts (see the Findlay v. the United Kingdom judgment of
25 February 1997, Reports 1997-I, pp. 277-78, § 63); nor is the Court
persuaded by the applicant Government's argument that the grounds set out
in their original application were closely connected with the ones pleaded at
the merits stage but rejected by the Commission.