CYPRUS v. TURKEY JUDGMENT
85
that the evidence heard by the delegates confirmed that Gypsies could not
afford litigation and that legal aid was not available to them for civil
proceedings. In any event, the allegation at issue concerned a continuing
administrative practice of discriminatory and degrading treatment of the
Gypsy community and substantial evidence of such had been adduced. The
Commission had wrongly focused on the availability of remedies with
reference to the “beyond reasonable doubt” test rather than on the key issue
of whether there was substantial evidence of an administrative practice of
discriminatory and degrading treatment against the Gypsy community.
351. The Commission observed that individual members of the Gypsy
community had experienced hardship during the period under consideration.
It referred in this connection to the demolition of the shacks of a Gypsy
community near Morphou upon the order of the local authority, the refusal
of airline companies to transport Gypsies without a visa and humiliation of
Gypsy children in school. However, in the Commission's conclusion the
aggrieved persons had not exhausted available domestic remedies and it had
not been established beyond reasonable doubt that there was a deliberate
practice to discriminate against Gypsies or withhold protection against
social discrimination. The Commission accordingly found that there had
been no violation of Articles 3, 5, 8 and 14 of the Convention.
352. The Court observes that members of the Turkish-Cypriot Gypsy
community have suffered hardship at the hands of the “TRNC” authorities.
It refers in this respect to the instances identified by the Commission (see
paragraph 54 above). However, the Court does not consider that these
individual cases bear out the claim that there existed during the period under
consideration an administrative practice of violating the rights invoked by
the applicant Government. It further observes that it does not appear that
any of the members of the Turkish-Cypriot Gypsy community who claim to
have suffered at the hands of the “TRNC” authorities sought to invoke
remedies before the local courts, for example a claim for damages in respect
of the demolition of the Gypsy shacks near Morphou. The Court does not
accept the applicant Government's assertion that the unavailability of legal
aid in the “TRNC” for the bringing of civil actions exonerated aggrieved
individuals from the requirement to use domestic remedies. It notes that
there is no Convention obligation as such on a Contracting State to operate a
civil legal aid system for the benefit of indigent litigants. What is important
for the Court is the fact that it does not appear that any attempt has been
made to take any legal proceedings whatsoever in respect of the matters
alleged by the applicant Government.
353. The Court concludes that it has not been established that, during the
period under consideration, there has been a violation as a matter of
administrative practice of the rights of members of the Turkish-Cypriot
Gypsy community under Articles 3, 5, 8 and 14 of the Convention,