CYPRUS v. TURKEY JUDGMENT
55
domestic remedies fell to be considered. It concluded that there had been no
violation of Article 5.
226. The Court notes that the applicant Government have not claimed
that any members of the enclaved Greek-Cypriot population were actually
detained during the period under consideration. Their complaint relates to
the vulnerability of what is an aged and dwindling population to the threat
of aggression and criminality and its overall sense of insecurity. However,
the Court considers that these are matters which fall outside the scope of
Article 5 of the Convention and are more appropriately addressed in the
context of its overall assessment of the living conditions of the Karpas
Greek Cypriots seen from the angle of the requirements of Article 8 (see
paragraphs 281 et seq. below).
227. For the above reason, the Court concludes that there has been no
violation of Article 5 of the Convention.
3. Article 6 of the Convention
228. The applicant Government, referring to their earlier arguments on
the issue of domestic remedies raised in the context of the preliminary
issues (see paragraphs 83-85 above), claimed that Greek Cypriots in
northern Cyprus were denied the right to have their civil rights and
obligations determined by independent and impartial courts established by
law. They requested the Court to find a violation of Article 6 of the
Convention, which provides as relevant:
“1. In the determination of his civil rights and obligations ..., everyone is entitled to
a fair ... hearing ... by an independent and impartial tribunal established by law...”
229. The applicant Government criticised the Commission's failure to
have regard to the essential illegality of the regime under which the
“TRNC” courts function. They submitted in this connection that it could not
be contended that those courts were “established by law” within the
meaning of Article 6 as interpreted in the Court's case-law. Regrettably, the
Commission erroneously considered that the “TRNC��� courts had a
sufficient legal basis within the “constitutional and legal system of the
TRNC”. Furthermore, the Commission overlooked clear evidence which
supported the applicant Government's view that the enclaved Greek-Cypriot
population had no faith in the independence and impartiality of the court
system and that any rulings which might be given in favour of litigants were
rendered meaningless on account of intimidation by Turkish settlers. To this
were to be added the facts, firstly, that there was no system of legal aid
which could facilitate the bringing of proceedings and, secondly, the
authorities themselves did nothing to prevent intimidation by settlers, with
the result that court decisions remained unenforceable. Furthermore, due
account had also to be taken of the fact that the possibility of taking
litigation was frustrated on account of the restrictions imposed on the