20
CYPRUS v. TURKEY JUDGMENT
arguments similar to those raised before the Commission in the instant case.
The Court rejected those arguments in its Loizidou judgment (merits) with
reference to the imputability principles developed in its preceding judgment
on the respondent State's preliminary objections to the admissibility of the
case.
76. More precisely, the Court considered in its Loizidou judgment
(merits) (pp. 2234-36) and in connection with that particular applicant's
plight:
“52. As regards the question of imputability, the Court recalls in the first place that
in its above-mentioned Loizidou judgment (preliminary objections) (pp. 23-24, § 62)
it stressed that under its established case-law the concept of “jurisdiction” under
Article 1 of the Convention is not restricted to the national territory of the Contracting
States. Accordingly, the responsibility of Contracting States can be involved by acts
and omissions of their authorities which produce effects outside their own territory. Of
particular significance to the present case the Court held, in conformity with the
relevant principles of international law governing State responsibility, that the
responsibility of a Contracting Party could also arise when as a consequence of
military action – whether lawful or unlawful – it exercises effective control of an area
outside its national territory. The obligation to secure, in such an area, the rights and
freedoms set out in the Convention, derives from the fact of such control whether it be
exercised directly, through its armed forces, or through a subordinate local
administration...
...
54. It is important for the Court's assessment of the imputability issue that the
Turkish Government have acknowledged that the applicant's loss of control of her
property stems from the occupation of the northern part of Cyprus by Turkish troops
and the establishment there of the 'TRNC'... Furthermore, it has not been disputed that
the applicant has on several occasions been prevented by Turkish troops from gaining
access to her property...
However, throughout the proceedings the Turkish Government have denied State
responsibility for the matters complained of, maintaining that its armed forces are
acting exclusively in conjunction with and on behalf of the allegedly independent and
autonomous 'TRNC' authorities.
...
56. ...
It is not necessary to determine whether, as the applicant and the Government of
Cyprus have suggested, Turkey actually exercises detailed control over the policies
and actions of the authorities of the 'TRNC'. It is obvious from the large number of
troops engaged in active duties in northern Cyprus ... that her army exercises effective
overall control over that part of the island. Such control, according to the relevant test
and in the circumstances of the case, entails her responsibility for the policies and
actions of the 'TRNC'... Those affected by such policies or actions therefore come
within the 'jurisdiction' of Turkey for the purposes of Article 1 of the Convention. Her
obligation to secure to the applicant the rights and freedoms set out in the Convention
therefore extends to the northern part of Cyprus.”
77. It is of course true that the Court in the Loizidou case was addressing
an individual's complaint concerning the continuing refusal of the