30
CYPRUS v. TURKEY JUDGMENT
Turkey, applications nos. 14116-14117/88). In the Court's opinion, the
handicaps alleged by the respondent Government in the proceedings before
the Commission were sufficiently counterbalanced by the procedures
followed by the Commission. It also observes that the Commission, in its
assessment of the evidence given by unidentified witnesses, adopted a
cautious approach by ascertaining its evidential value with reference to the
particular nature of each of the witnesses' testimony, and its findings were
not based either solely or to a decisive extent on anonymous witness
statements (see the Van Mechelen and Others v. the Netherlands judgment
of 23 April 1997, Reports 1997-III, p. 712, §§ 54-55).
110. The applicant Government, in the proceedings before the Court,
have not contested the modalities used for hearing the evidence of
unidentified witnesses. They have, on the other hand, disputed the limits
placed by the delegates on the number of witnesses who could be heard by
them. This is particularly true of the Commission's inquiry into their
allegations concerning the situation of Turkish Cypriots and members of the
Gypsy community in northern Cyprus (see paragraph 338 below). Although
the Court must revert to this matter when conducting its own assessment of
whether the facts found by the Commission bear out the applicant
Government's allegations, it considers it appropriate at this juncture to
examine the substance of their criticism. It notes in this regard that the
applicant Government were in fact requested by the Commission to select a
limited number of witnesses to testify to the claim that the Convention
rights of Turkish Cypriots and members of the Gypsy community in
northern Cyprus were being violated by the respondent State. The Court
does not consider that the Commission's approach can be criticised from the
standpoint of procedural fairness. In the first place, the delegates heard the
testimony of five witnesses proposed by the applicant Government and
there is no reason to doubt that they were specifically selected in accordance
with the applicant Government's perception of the importance of their
testimony. Secondly, the effective discharge of the Commission's factfinding role necessarily obliged it to regulate the procedure for the taking of
oral evidence, having regard to constraints of time and to its own
assessment of the relevance of additional witness testimony.
111. For these reasons, the Court rejects the applicant Government's
criticism in this respect.
112. The Court also observes that in its assessment of the evidence in
relation to the various complaints declared admissible, the Commission
applied the standard of proof “beyond reasonable doubt” as enunciated by
the Court in its Ireland v. the United Kingdom judgment of 18 January 1978
(Series A no. 25), it being noted that such proof may follow from the
coexistence of sufficiently strong, clear and concordant inferences or of
similar unrebutted presumptions of fact (ibid., pp. 64-65, § 161).