CYPRUS v. TURKEY JUDGMENT
33
which were under the effective control of the respondent State. They
maintained, in addition, that the Court should proceed on the assumption
that the missing persons were still alive, unless there was evidence to the
contrary.
120. The Court notes at the outset that the applicant Government have
not contested the facts as found by the Commission (see paragraphs 25-27
above). For its part, it does not see any exceptional circumstances which
would lead it to depart from the Commission's findings of fact, bearing in
mind the latter's careful analysis of all material evidence including the
findings reached by it in its 1976 and 1983 reports. Like the Commission,
the Court does not consider it appropriate to estimate the number of persons
who fall into the category of “missing persons”. It limits itself to observing
that figures are communicated by the applicant Government to the United
Nations Committee on Missing Persons (“CMP”) and revised in accordance
with the most recent information which becomes available.
121. Furthermore, the Court shares the Commission's concern to limit its
inquiry to ascertaining the extent, if any, to which the authorities of the
respondent State have clarified the fate or whereabouts of the missing
persons. It is not its task to make findings on the evidence on whether any
of these persons are alive or dead or have been killed in circumstances
which engage the liability of the respondent State. Indeed, the applicant
Government have requested the Court to proceed on the assumption that the
persons at issue are still alive. The Court will revert to this point in the
context of the applicant Government's allegations under Article 2 of the
Convention.
122. On the above understanding the Court will examine the merits of
the applicant Government's allegations.
2. As to the merits of the applicant Government's complaints
(a) Article 2 of the Convention
123. The applicant Government requested the Court to find that the facts
disclosed a continuing violation of Article 2 from the standpoint of both the
procedural and substantive obligations contained in that provision. Article 2
provides as relevant:
“1. Everyone's right to life shall be protected by law...”
124. In the applicant Government's submission, the procedural violation
alleged was committed as a matter of administrative practice, having regard
to the continuing failure of the authorities of the respondent State to conduct
any investigation whatsoever into the fate of the missing persons. In
particular, there was no evidence that the authorities of the respondent State
had carried out searches for the dead or wounded, let alone concerned
themselves with the burial of the dead. Furthermore, the respondent State,