CYPRUS v. TURKEY JUDGMENT
61
books on the ground that their content was capable of fostering hostility
between the ethnic communities in northern Cyprus. The Commission noted
that the books which had been censored or rejected concerned subjects such
as Greek language, English, history, geography, religion, civics, science,
mathematics and music. Even having regard to the possibility that such
books contained materials indicating the applicant Government's view of the
history and culture of Cyprus, the impugned action failed to comply with
the requirements of paragraph 2 of Article 10. In the Commission's view
there were no remedies which would have allowed parents or teachers to
contest the action taken.
251. On the other hand, the Commission did not find it established on
the evidence that restrictions were imposed on the importation of
newspapers or Greek-Cypriot or Greek language books other than schoolbooks, or on the reception of electronic media. As to the absence of a
newspaper distribution system in the Karpas area, the Commission observed
that it had not been informed of any administrative measures preventing the
establishment of such a system.
252. The Court recalls that it has accepted the facts as established by the
Commission (see paragraph 212 above). On that understanding it confirms
the Commission's finding that there has been an interference with Article 10
on account of the practice adopted by the “TRNC” authorities of screening
the contents of school-books before their distribution. It observes in this
regard that, although the vetting procedure was designed to identify material
which might pose a risk to inter-communal relations and was carried out in
the context of confidence-building measures recommended by UNFICYP
(see paragraph 44 above), the reality during the period under consideration
was that a large number of school-books, no matter how innocuous their
content, were unilaterally censored or rejected by the authorities. It is to be
further noted that in the proceedings before the Commission the respondent
Government failed to provide any justification for this form of wide-ranging
censorship, which, it must be concluded, far exceeded the limits of
confidence-building methods and amounted to a denial of the right to
freedom of information. It does not appear that any remedies could have
been taken to challenge the decisions of the “TRNC” authorities in this
regard.
253. The Court notes that the applicant Government consider that the
Commission erred in its assessment of the evidence in respect of other
categories of Greek-language books as well as newspapers. It has given
careful consideration to the matters relied on by the applicant Government.
However, the Court does not find that the evidence of individual cases of
confiscation at the Ledra Palace check-point adduced before the
Commission and highlighted by the applicant Government in their memorial
and at the public hearing substantiate their allegations with reference to the
“beyond reasonable doubt” standard of proof.