CYPRUS v. TURKEY JUDGMENT
93
3. Holds unanimously that the applicant Government have a legitimate
legal interest in having the merits of the application examined
(paragraph 68);
4. Holds by sixteen votes to one that the facts complained of in the
application fall within the “jurisdiction” of Turkey within the meaning
of Article 1 of the Convention and therefore entail the respondent State's
responsibility under the Convention (paragraph 80);
5. Holds by ten votes to seven that, for the purposes of former Article 26
(current Article 35 § 1) of the Convention, remedies available in the
“TRNC” may be regarded as “domestic remedies” of the respondent
State and that the question of the effectiveness of these remedies is to be
considered in the specific circumstances where it arises (paragraph 102);
6. Holds unanimously that situations which ended more than six months
before the date of introduction of the present application (22 May 1994)
fall outside the scope of the Court's examination (paragraph 104).
II. ALLEGED VIOLATIONS OF THE RIGHTS OF GREEK-CYPRIOT
MISSING PERSONS AND THEIR RELATIVES
1. Holds unanimously that there has been no breach of Article 2 of the
Convention by reason of an alleged violation of a substantive obligation
under that Article in respect of any of the missing persons
(paragraph 130).
2. Holds by sixteen votes to one that there has been a continuing violation
of Article 2 of the Convention on account of the failure of the authorities
of the respondent State to conduct an effective investigation into the
whereabouts and fate of Greek-Cypriot missing persons who
disappeared in life-threatening circumstances (paragraph 136);
3. Holds unanimously that no breach of Article 4 of the Convention has
been established (paragraph 141);
4. Holds by sixteen votes to one that there has been a continuing violation
of Article 5 of the Convention by virtue of the failure of the authorities
of the respondent State to conduct an effective investigation into the
whereabouts and fate of the Greek-Cypriot missing persons in respect of
whom there is an arguable claim that they were in Turkish custody at the
time of their disappearance (paragraph 150);