82 CYPRUS v. TURKEY JUDGMENT substantiation of the facts as alleged by the applicant Government. Moreover, it does not appear to the Court that the applicant Government pressed their wish to have further witnesses heard by the delegates. The main protest to the arrangements made by the delegates for hearing witnesses came from the respondent's side (see paragraphs 109-10 above). This must be seen as a relevant consideration to be weighed in the balance. 340. The Court is of course attentive to the fact that, unlike the investigation conducted into the situation of the Karpas Greek Cypriots, the Commission's establishment of the facts in respect of the instant category of complaints could not draw on United Nations factual reviews. The Commission relied heavily on the evidence of the witnesses heard by the delegates. It does not appear to the Court that the Commission can be faulted for adopting a cautious approach to the evaluation of witness testimony, having regard to the nature of the allegations made by the applicant Government's witnesses, the inevitable element of subjectivity which colours the evidence of individuals who are impugning a regime with which they profoundly disagree and the testimony of supporters of that regime. In the Court's opinion, the Commission was correct in its decision to base its evaluation mostly on the common points which emerged from the various witnesses' testimony as a whole. It does not see any reason to depart from the facts as found by the Commission (see paragraphs 52-55 above). 341. The Court will ascertain whether the facts as found disclose a violation of the rights invoked by the applicant Government. As to the standard of proof, it rejects the applicant Government's submissions in respect thereof and will apply a standard of proof “beyond reasonable doubt”. C. The merits of the applicant Government's complaints 1. Complaints relating to Turkish-Cypriot political opponents 342. The applicant Government alleged that Turkish Cypriots living in northern Cyprus who were political opponents of the “TRNC” regime were subject to arbitrary arrest and detention, in violation of their rights under Article 5 of the Convention. In addition, they were assaulted, threatened and harassed by third parties, in violation of Article 8 of the Convention. The applicant Government further alleged, with reference to Article 10 of the Convention, that the authorities failed to protect the right to freedom of expression by tolerating third-party constraints on the exercise of this right. These constraints took the form of, for example, denial of employment to political opponents or threats or assaults by private parties against their person. The applicant Government further contended that as a result of the “TRNC”'s general policy in the area of freedom of movement, the right of

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