14
CYPRUS v. TURKEY JUDGMENT
46. The Commission did not find any conclusive evidence that letters
destined for Greek Cypriots were opened by the “TRNC” police or that their
telephones were tapped.
47. As to alleged restrictions on religious worship, the Commission
found that the main problem for Greek Cypriots in this connection stemmed
from the fact that there was only one priest for the whole Karpas area and
that the Turkish-Cypriot authorities were not favourable to the appointment
of additional priests from the south. The Commission delegates were unable
to confirm during their visit to the Karpas area whether access to the
Apostolos Andreas Monastery was free at any time for Karpas Greek
Cypriots. It appeared to be the case that on high religious holidays (which
occur three times a year) visits to the monastery are also allowed to Greek
Cypriots from the south.
48. Concerning alleged restrictions on the freedom of association of the
enclaved population, the Commission observed that the relevant “TRNC”
law on associations only covered the creation of associations by Turkish
Cypriots.
4. Alleged violations in respect of the rights of Turkish Cypriots and
the Turkish-Cypriot Gypsy community in northern Cyprus
49. The applicant Government contended before the Commission that
Turkish Cypriots living in northern Cyprus, especially political dissidents
and the Gypsy community, were the victims of an administrative practice of
violation of their Convention rights. They adduced evidence in support of
their claim that these groups were victims of arbitrary arrest and detention,
police misconduct, discrimination and ill-treatment and interferences in
various forms with other Convention rights such as, inter alia, fair trial,
private and family life, expression, association, property and education.
50. The respondent Government essentially maintained that the above
allegations were unsubstantiated on the evidence and pointed to the
availability of effective remedies in the “TRNC” to aggrieved persons.
51. The Commission's investigation into the applicant Government's
allegations was based mainly on the oral evidence of thirteen witnesses who
testified before the Commission's delegates on the situation of Turkish
Cypriots and the Gypsy community living in northern Cyprus. The
witnesses were proposed by both parties. Their evidence was taken by the
delegates in Strasbourg, Cyprus and London between November 1997 and
April 1998.
52. The Commission found that there existed rivalry and social conflict
between the original Turkish Cypriots and immigrants from Turkey who
continued to arrive in considerable numbers. Some of the original Turkish
Cypriots and their political groups and media resented the “TRNC” policy
of full integration for the settlers.