86
CYPRUS v. TURKEY JUDGMENT
including by reason of an alleged practice of failing to protect their rights
under these Articles.
3. Alleged violation of Article 6 of the Convention
354. The applicant Government contended that the “TRNC” authorities,
as a matter of law and practice, violated Article 6 of the Convention in that
civil rights and obligations and criminal charges against persons could not
be determined by an independent and impartial tribunal established by law
within the meaning of that provision. The applicant Government reiterated
in this connection their view as to the illegality of the context in which
“TRNC” courts operated (see paragraphs 83-85 above).
355. The applicant Government further submitted that the “TRNC”
authorities operated a system of military courts which had jurisdiction to try
cases against civilians in respect of matters categorised as military offences.
In their view it followed from the Court's Incal v. Turkey judgment of
9 June 1998 (Reports 1998-IV) that a civilian tried before a military court
was denied a fair hearing before an independent and impartial tribunal. The
jurisdiction of the military courts in this respect was laid down in
“Article 156 of the TRNC Constitution”, with the result that their
composition could not be challenged. The applicant Government maintained
that the Commission should have found a violation of Article 6 on account
of the existence of a legislative practice of violation rather than
concentrating on the issue as to whether there was evidence of any
particular proceedings before military courts involving civilians. They
further stressed that, contrary to the Commission's conclusion on this point,
the evidence adduced before the Commission provided concrete examples
of civilians having been tried and convicted before military courts. This
evidence was regrettably overlooked in the Commission's assessment.
356. The Commission did not find it established on the facts that
military courts tried any civilians during the period under consideration. On
that account it concluded that there had been no violation of Article 6 of the
Convention.
357. The Court considers that it does not have to be satisfied on the
evidence that there was an administrative practice of trying civilians before
military courts in the “TRNC”. It observes that the applicant Government
complain about the existence of a legislative practice of violating Article 6,
having regard to the clear terms of “Article 156 of the TRNC Constitution”
and the “Prohibited Military Areas Decree” (see paragraph 355 above). It
recalls in this connection that in its Ireland v. the United Kingdom
judgment, the Court considered that, unlike individual applicants, a
Contracting State was entitled to challenge under the Convention a law in
abstracto having regard to the fact that former Article 24 (current
Article 33) of the Convention enabled any Contracting State to refer to the
Commission any alleged breach of the provisions of the Convention and the