90
CYPRUS v. TURKEY JUDGMENT
Commission considered, firstly, that sufficient remedies existed to secure
redress against such interferences and, secondly, that it was not established
that there existed an administrative practice of condoning the interferences.
375. The Court accepts the Commission's conclusion. It observes in the
first place that the applicant Government have not improved the case they
sought to make out before the Commission concerning the alleged obstacles
placed by the “TRNC” authorities in the way of Turkish Cypriots who
wished to return to their homes in the south. No further evidence has been
adduced before the Court of Turkish Cypriots living in the north who,
during the period under consideration, have been prevented from having
access to their property in the south on account of the functioning of
“TRNC” restrictions on the freedom of movement.
376. Secondly, and as to the alleged attacks by private parties on the
property of Turkish Cypriots, the Court considers that the evidence relied on
by the applicant Government does not bear out their claim that the “TRNC”
authorities tolerate, encourage or in any way acquiesce in this form of
criminality. The Court accepts on the evidence that it cannot be excluded
that such incidents have occurred. However, that evidence does not
substantiate the existence of an administrative practice of violation of
Article 1 of Protocol No. 1.
377. In view of the above considerations, the Court concludes that it has
not been established that there has been a violation of Article 1 of
Protocol No. 1 by reason of the alleged administrative practice of violating
that Article, including by reason of failure to secure enjoyment of their
possessions in southern Cyprus to Turkish Cypriots living in northern
Cyprus.
7. Alleged violation of Article 13 of the Convention
378. The applicant Government challenged the Commission's finding
that there had been no violation of Article 13 of the Convention by reason of
failure to secure effective remedies to Turkish Cypriots living in northern
Cyprus. The applicant Government reiterated their view (see paragraphs 8385 above) that the legal remedies which were claimed to be available did
not satisfy the basic requirements of Article 6 and, as a consequence, could
not be considered to be “effective” within the meaning of Article 13.
379. Furthermore, the applicant Government reasserted their view (see
paragraphs 336-37 above) that the Commission had erroneously relied on
the “beyond reasonable doubt” standard in ascertaining whether there was
an administrative practice of withholding legal remedies from certain
groups of persons. Had it applied the correct standard, namely that of
“substantial evidence”, it would have been compelled to reach a different
conclusion.
380. For the above reasons the applicant Government requested the
Court to depart from the Commission's finding and to rule that the