CYPRUS v. TURKEY JUDGMENT
63
258. The Commission proceeded on the understanding that the applicant
Government's essential complaint under Article 11 concerned an alleged
violation of the right of the population concerned to freedom of association
in the sense of founding or joining associations or taking part in the
activities of associations with a minimum organisational structure, to the
exclusion of social contacts. The Commission found on the evidence that,
during the period under consideration, there was no restriction on any aspect
of the right as defined. As to impediments to the participation of enclaved
Greek Cypriots in bi-communal events organised by the United Nations, the
Commission noted that UN documents mentioned impediments having been
placed in the way of inter-communal meetings as from the second half of
1996. However, given that these events were based on distinct facts
occurring after the date of the admissibility decision, any complaints based
thereon could not be entertained.
259. Having regard to its conclusion that there had been no violation of
the right of Greek Cypriots living in northern Cyprus to freedom of
association, the Commission considered that it was unnecessary to examine
whether any available remedies had been exhausted in respect of the
applicant Government's allegations.
260. The Court observes that the matters raised by the applicant
Government are essentially issues of fact which have been carefully
examined by the Commission in the context of the fact-finding procedure. It
observes that on the basis of the evidence analysed the Commission found it
impossible to conclude that during the period under consideration there was
any interference by the “TRNC” authorities with attempts by Greek
Cypriots to establish their own associations or mixed associations with
Turkish Cypriots, or interference with the participation of Greek Cypriots in
the activities of associations (see paragraph 258 above). The Court accepts
the Commission's finding and would add that the evidence does not allow it
to conclude, beyond reasonable doubt, that an administrative practice of
violating the right of the enclaved Greek Cypriots to freedom of association
existed during the reference period.
261. Like the Commission, the Court also considers that its conclusion
does not require it to examine whether any available domestic remedies
have been exhausted in relation to these complaints.
262. As to the applicant Government's complaints in respect of an
alleged practice of imposing restrictions on Greek Cypriots' participation in
bi-communal or inter-communal events during the period under
consideration, the Court considers, having regard to the subject-matter of
the events relied on, that it is more appropriate to consider them from the
standpoint of Article 8 of the Convention. It will do so in the context of its
global assessment of that Article (see paragraphs 281 et seq. below).
263. The Court concludes that no violation of Article 11 of the
Convention has been established by reason of an alleged practice of denying