CYPRUS v. TURKEY JUDGMENT
7
Committee of Ministers viewed this decision as completing its consideration
of the case.
The third application (no. 8007/77) lodged by the applicant Government
was the subject of a further report under former Article 31 adopted by the
Commission on 4 October 1983 (“the 1983 report”). In that report the
Commission expressed the opinion that the respondent State was in breach
of its obligations under Articles 5 and 8 of the Convention and Article 1 of
Protocol No. 1. On 2 April 1992 the Committee of Ministers adopted
Resolution DH (92) 12 in respect of the Commission's 1983 report. In its
resolution the Committee of Ministers limited itself to a decision to make
the 1983 report public and stated that its consideration of the case was
thereby completed.
C. The instant application
18. The instant application is the first to have been referred to the Court.
The applicant Government requested the Court in their memorial to “decide
and declare that the respondent State is responsible for continuing violations
and other violations of Articles 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 13, 14, 17 and 18
of the Convention and of Articles 1 and 2 of Protocol No. 1”.
These allegations were invoked with reference to four broad categories
of complaints: alleged violations of the rights of Greek-Cypriot missing
persons and their relatives; alleged violations of the home and property
rights of displaced persons; alleged violations of the rights of enclaved
Greek Cypriots in northern Cyprus; alleged violations of the rights of
Turkish Cypriots and the Gypsy community in northern Cyprus.
D. The Commission's findings of fact in the instant application
19. The Court considers it appropriate at this stage to summarise the
Commission's findings of fact in respect of the various violations of the
Convention alleged by the applicant Government as well as the essential
arguments advanced by both parties and the documentary and other
evidence relied on by the Commission.
1. Alleged violations of the rights of Greek-Cypriot missing persons
and their relatives
20. The applicant Government essentially claimed in their application
that about 1,491 Greek Cypriots were still missing twenty years after the
cessation of hostilities. These persons were last seen alive in Turkish
custody and their fate has never been accounted for by the respondent State.
21. The respondent Government maintained in reply that there was no
proof that any of the missing persons were still alive or were being kept in