CYPRUS v. TURKEY JUDGMENT 57 administrative practice, from asserting civil claims before the “TRNC” courts. However this assertion is at variance with the testimony of witnesses heard by the delegates, including witnesses proposed by the applicant Government. It is also contradicted by the written evidence adduced before the Commission. It is clear that Greek Cypriots living in the north have on occasion successfully taken court actions in defence of their property rights (see paragraph 39 above), and they are not barred for reasons of race, language or ethnic origin from using the local courts. The Commission accepted this on the facts and the Court does not dispute the Commission's conclusion. For the Court, the applicant Government are required to show that the courts have been tried and found wanting. Absent this, it is being asked to speculate on the merits of their claim. Admittedly, the number of actions brought by members of the enclaved population is limited. However, that of itself does not corroborate the applicant Government's claim, especially if regard is had to the fact that the population is aged and small in numbers and, for reasons of allegiance, perhaps psychologically illdisposed to invoking the jurisdiction of courts set up by the “TRNC”. 235. The Court also considers that this conclusion is not affected by the fact that certain matters which may weigh heavily on the daily lives of the enclaved Greek Cypriots are not amenable to challenge in the “TRNC” courts, for example restrictions on their freedom of movement or their right to bequeath property to family members in the south (see paragraphs 40-41 above). However, in the Court's opinion those measures, whether embodied in policy or “legislation”, are to be addressed from the standpoint of the effectiveness of remedies within the meaning of Article 13 of the Convention and their compatibility with other relevant substantive provisions of the Convention and its Protocols. The existence of such measures does not improve the applicant Government's case concerning the alleged administrative practice of violating Article 6. It recalls in this connection that the applicability of Article 6 is premised on the existence of an arguable cause of action in domestic law (see the above-mentioned Lithgow and Others judgment, p. 70, § 192, and the Powell and Rayner v. the United Kingdom judgment of 21 February 1990, Series A no. 172, pp. 16-17, § 36). 236. As to the applicant Government's challenge to the very legality of the “TRNC” court system, the Court observes that they advanced similar arguments in the context of the preliminary issue concerning the requirement to exhaust domestic remedies in respect of the complaints covered by the instant application (see paragraphs 83-85 above). The Court concluded that, notwithstanding the illegality of the “TRNC” under international law, it cannot be excluded that applicants may be required to take their grievances before, inter alia, the local courts with a view to seeking redress. It further pointed out in that connection that its primary concern in this respect was to ensure, from the standpoint of the Convention