CYPRUS v. TURKEY JUDGMENT
59
community with others and in public or private, to manifest his religion or belief, in
worship, teaching, practice and observance.
2. Freedom to manifest one's religion or beliefs shall be subject only to such
limitations as are prescribed by law and are necessary in a democratic society in the
interests of public safety, for the protection of public order, health or morals, or for the
protection of the rights and freedoms of others.”
242. The applicant Government contended that the interference with the
concerned population's right under Article 9 was reflected in the “TRNC”
policy of limiting its freedom of movement and thereby restricting access to
places of worship. The applicant Government also condemned the failure of
the “TRNC” to appoint further priests to the area. They endorsed the
Commission's findings on the facts and its conclusion that there had been a
breach of Article 9. They added that a similar breach should be found in
respect of the Maronite population living in northern Cyprus on account of
the fact that that population also had to contend with restrictions on its right
to visit and tend to its holy places in the northern part of Cyprus.
243. The Commission observed that the existence of a number of
measures limited the religious life of the enclaved Greek-Cypriot
population. It noted in this respect that, at least until recently, restrictions
were placed on their access to the Apostolos Andreas Monastery as well as
on their ability to travel outside their villages to attend religious ceremonies.
In addition, the “TRNC” authorities had not approved the appointment of
further priests for the area, there being only one priest for the whole of the
Karpas region. For the Commission, these restrictions prevented the
organisation of Greek Orthodox religious ceremonies in a normal and
regular manner and amounted to a breach of Article 9 of the Convention. In
the Commission's view, there existed no effective remedies in respect of the
measures complained of.
244. The Commission accordingly concluded that during the period
under consideration there had been a violation of Article 9 of the
Convention in respect of Greek Cypriots living in northern Cyprus.
245. The Court accepts the facts as found by the Commission, which are
not disputed by the applicant Government. It has not been contended by the
applicant Government that the “TRNC” authorities have interfered as such
with the right of the Greek-Cypriot population to manifest their religion
either alone or in the company of others. Indeed there is no evidence of such
interference. However, the restrictions placed on the freedom of movement
of that population during the period under consideration considerably
curtailed their ability to observe their religious beliefs, in particular their
access to places of worship outside their villages and their participation in
other aspects of religious life.
246. The Court concludes that there has been a violation of Article 9 of
the Convention in respect of Greek Cypriots living in northern Cyprus.