18
CYPRUS v. TURKEY JUDGMENT
it has been seised of the complaints invoked by the applicant Government in
the context of an inter-State application, it being observed that, as regards
the previous applications, it was not open to the parties or to the
Commission to refer them to the Court under former Article 45 of the
Convention read in conjunction with former Article 48. It notes in this
connection that Turkey only accepted the compulsory jurisdiction of the
Court by its declaration of 22 January 1990 (see the Mitap and Müftüoğlu v.
Turkey judgment of 25 March 1996, Reports 1996-II, p. 408, § 17).
67. Without prejudice to the question of whether and in what
circumstances the Court has jurisdiction to examine a case which was the
subject of a decision taken by the Committee of Ministers pursuant to
former Article 32 of the Convention, it must be noted that, in respect of the
previous inter-State applications, neither Resolution DH (79) 1 nor
Resolution DH (92) 12 resulted in a “decision” within the meaning of
Article 32 § 1. This is clear from the terms of these texts. Indeed, it is to be
further observed that the respondent Government accepted in their pleadings
on their preliminary objections in the Loizidou case that the Committee of
Ministers did not endorse the Commission's findings in the previous
inter-State cases (see the Loizidou judgment (preliminary objections) cited
above, pp. 21-22, § 56).
68. The Court accordingly concludes that the applicant Government
have a legitimate legal interest in having the merits of the instant application
examined by the Court.
3. As to the respondent State's responsibility under the Convention in
respect of the alleged violations
69. The respondent Government disputed Turkey's liability under the
Convention for the allegations set out in the application. In their
submissions to the Commission, the respondent Government claimed that
the acts and omissions complained of were imputable exclusively to the
“Turkish Republic of Northern Cyprus” (the “TRNC”), an independent
State established by the Turkish-Cypriot community in the exercise of its
right to self-determination and possessing exclusive control and authority
over the territory north of the United Nations buffer-zone. The respondent
Government averred in this connection that the Court, in its Loizidou
judgments (preliminary objections and merits), had erroneously concluded
that the “TRNC” was a subordinate local administration whose acts and
omissions engaged the responsibility of Turkey under Article 1 of the
Convention.
70. As in the proceedings before the Commission, the applicant
Government contended before the Court that the “TRNC” was an illegal
entity under international law since it owed its existence to the respondent
State's unlawful act of invasion of the northern part of Cyprus in 1974 and
to its continuing unlawful occupation of that part of Cyprus ever since. The