CYPRUS v. TURKEY JUDGMENT
83
political opponents to freedom of association was violated on account of the
interferences with their right to gather with Greek Cypriots and others in
Cyprus. Finally, the applicant Government asserted that, in view of the
aforementioned background, it had to be concluded that political opponents
of the “TRNC” regime were victims of ill-treatment or degrading treatment
in breach of Article 3 of the Convention.
343. The applicant Government averred that there was an administrative
practice of violation of the above Convention rights and that this was
confirmed by the substantial evidence adduced by the witnesses who were
heard by the delegates. They maintained that the oral testimony commonly
and consistently established administrative practices of the “TRNC”
authorities of refusing to protect the rights of political opponents of the
ruling parties, irrespective of whether such interferences were caused by
third parties or by the authorities themselves.
344. The applicant Government further stated that the Commission had
erred in its conclusion that habeas corpus proceedings ought to have been
used by victims of unlawful arrest and detention. That remedy, they
submitted, could not be considered effective in cases of brief arrests and
detentions followed by release, all the more so since detainees had no access
to a lawyer. Nor could the potential to seek a remedy ipso facto prevent the
finding of an administrative practice of violation of Convention rights. In
the applicant Government's submission the Commission's focus should have
been on the tolerance by the authorities of repeated abuse of the rights of
political opponents under Articles 5, 8 and 10 and 11 of the Convention. For
the applicant Government, the practice which they alleged was based on that
state of affairs, not on the non-availability of judicial remedies.
345. The Commission concluded that there had been no violation of the
rights invoked by the applicant Government by reason of failure to protect
these rights. The Commission observed that it could not be excluded that in
individual cases there had been interferences by the authorities with the
rights of Turkish Cypriots by reason of their political opposition to the
ruling parties in northern Cyprus. However, it also noted that the individuals
concerned did not attempt to seek redress for their grievances, for example
by making use of the remedy of habeas corpus to challenge the lawfulness
of their arrest or detention. For the Commission, it had not been shown
beyond reasonable doubt that all of the available remedies would have been
ineffective.
346. The Court accepts the Commission's conclusion. Its own
assessment of the evidence leads it to believe that there may have been
individual cases of interferences with the rights of political opponents.
However, it cannot conclude on the strength of that evidence that there
existed during the period under consideration an administrative practice of
suppressing all dissent directed at the “TRNC” ruling parties or an official
policy of acquiescing in interferences by pro-“TRNC” supporters with the