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