72
CYPRUS v. TURKEY JUDGMENT
impediments to access to medical treatment and hindrances to participation
in bi- or inter-communal events (see paragraphs 216-227, 257 and 283
above) are elements which fall to be considered in the context of an overall
analysis of the living conditions of the population concerned from the angle
of their impact on the right of its members to respect for private and family
life.
300. In this connection the Court cannot but endorse the Commission's
conclusion at paragraph 489 of its report that the restrictions which beset the
daily lives of the enclaved Greek Cypriots create a feeling among them “of
being compelled to live in a hostile environment in which it is hardly
possible to lead a normal private and family life”. The Commission noted in
support of this conclusion that the adverse circumstances to which the
population concerned was subjected included: the absence of normal means
of communication (see paragraph 45 above); the unavailability in practice of
the Greek-Cypriot press (see paragraph 45 above); the insufficient number
of priests (see paragraph 47 above); the difficult choice with which parents
and schoolchildren were faced regarding secondary education (see
paragraphs 43-44 above); the restrictions and formalities applied to freedom
of movement, including, the Court would add, for the purposes of seeking
medical treatment and participation in bi- or inter-communal events; the
impossibility of preserving property rights upon departure or on death (see
paragraph 40 above).
301. The Court, like the Commission, considers that these restrictions
are factors which aggravate the violations which it has found in respect of
the right of the enclaved Greek Cypriots to respect for private and family
life (see paragraph 296 above). Having regard to that conclusion, the Court
is of the view that it is not necessary to examine separately the applicant
Government's allegations under Article 8 concerning the implantation of
Turkish settlers in northern Cyprus (see paragraph 285 above).
2. Article 3 of the Convention
302. The applicant Government alleged that, as a matter of practice,
Greek Cypriots living in the Karpas area of northern Cyprus were subjected
to inhuman and degrading treatment, in particular discriminatory treatment
amounting to inhuman and degrading treatment.
303. They submitted that the Court should, like the Commission, find
that Article 3 had been violated. The applicant Government fully endorsed
the Commission's reasoning in this respect.
304. The Commission did not accept the respondent Government's
argument that it was prevented from examining whether the totality of the
measures impugned by the applicant Government, including those in respect
of which it found no breach of the Convention, provided proof of the pursuit
of a policy of racial discrimination amounting to a breach of Article 3 of the
Convention. The Commission had particular regard in this connection to its