CYPRUS v. TURKEY JUDGMENT
51
area of northern Cyprus in furtherance of a policy of ethnic cleansing, the
success of which could be measured by the fact that from some 20,000
Greek Cypriots living in the Karpas in 1974 only 429 currently remained.
Maronites, of whom there were currently 177 still living in northern Cyprus,
also laboured under similar, if less severe, restrictions.
208. The applicant Government invoked Articles 2, 3, 5, 6, 8, 9, 10, 11,
13, 14 of the Convention and Articles 1 and 2 of Protocol No. 1.
A. As to the facts established by the Commission
209. By way of a general submission the applicant Government
maintained that the Commission, as regards certain of their complaints,
erroneously concluded against the weight of the evidence that there was no
violation of the Convention. In the applicant Government's submission, the
Commission's findings on matters such as restrictions on the importation of
books other than school-books, interference with correspondence and denial
of access to medical services were not only at variance with the written and
oral evidence of witnesses but also with the clear findings contained in the
“Karpas Brief” (see paragraph 36 above) and the reviews of the action taken
by the “TRNC” authorities to give effect to the proposals for remedying the
suffering which resulted for the Greek-Cypriot and Maronite populations
from administrative practices of violating their Convention rights. The
applicant Government further claimed that witnesses, whose number was
regrettably restricted, only had a limited time to recount their experiences to
the Commission's delegates. Furthermore, the applicant Government's
lawyers were only left with negligible time in which to draw out all the
relevant facts following the witnesses' statements.
210. The applicant Government insisted that the Court have regard to
these and other shortcomings in the taking of evidence when reviewing the
Commission's findings. They further submitted that, regarding the plight of
the Maronites living in northern Cyprus, the Court should procure and
examine the Humanitarian Review drawn up on this community. They
observed in this connection that the United Nations Secretary-General
offered to release the Review in the proceedings before the Commission.
However, the objection of the respondent Government prevented its being
included in the case file.
211. The Court recalls that the Commission established the facts with
reference, inter alia, to the oral evidence given by witnesses proposed by
both sides. It further recalls that it rejected the applicant Government's
criticism of the manner in which the delegates heard the evidence and
reaffirms that the hearing of witnesses was organised in a way which
respected the principle of procedural equality between both parties (see
paragraphs 110-11 above). It is to be noted in addition that, with a view to
its establishment of the facts, the Commission made extensive use of