A/HRC/22/51/Add.1
have somewhat better relationships with the local “police”, although they too reported cases
of unwanted police “protection” and surveillance by the de facto authorities. The Special
Rapporteur himself witnessed the presence of an individual who tried to observe one of his
meetings with Maronite villagers and learned that the individual was a plain clothes
“police” officer.
50.
Reportedly, no members of the Latin and Armenian communities currently reside in
villages in the northern part. The Special Rapporteur visited the Armenian monastery of St.
Makar, which, after decades of neglect, is in very poor condition and partially inaccessible.
The restoration work in the Armenian Church and Monastery complex in the north of
Nicosia was completed in July 2012 with funding from the international community, and
the Special Rapporteur strongly recommends that in the future these sites be used also for
religious purposes and be accessible to the Armenian community.
51.
The Special Rapporteur discussed the situation of Christian minorities in the
northern part with representatives of the de facto authorities. With regard to the poor
condition of many churches, he was told that despite limited financial resources the de facto
authorities have spent almost USD 400,000 on cultural restoration projects in the last three
years. However, the de facto authorities also mentioned incidents of vandalism and looting
which they would investigate. When asked about administrative restrictions concerning
access to churches and the holding of public religious ceremonies, they referred to various
“security” issues, such as preventing damage to historic churches, protecting people from
injuries they might incur when meeting in old and partially dilapidated buildings, and
reducing the risk of political escalation. With regard to the allegations concerning the
Bishop of Karpasia, the de facto authorities noted that he was “well-known for his past
statements aimed at stirring [up] enmity and hatred among our Greek Cypriot community
against the Turkish Cypriot people” and that his title was not recognized by the de facto
authorities.14 During the mission, they also argued that the purpose of “police” presence in
and around religious gatherings was to provide security for the people, including Christian
minorities. In his response the Special Rapporteur, inter alia, expressed his concern about
the intimidating consequences of some “police” conduct, in particular filming and
videotaping of worshippers, and he recommended that the de facto authorities revise the
existing rules concerning accessibility of places of worship and restrictions on holding
religious services. He also called upon the de facto authorities not to unduly restrict the
right of religious leaders to visit their communities in the northern part.
52.
The Special Rapporteur would like to reiterate that any restrictions deemed
necessary on manifestations of freedom of religion or belief must meet all the criteria of
article 18 (3) of the International Covenant on Civil and Political Rights, according to
which “freedom to manifest one’s religion or belief may be subject only to such limitations
as are prescribed by law and are necessary to protect public safety, order, health or morals
or the fundamental rights and freedoms of others”. Thus, for instance limitations imposed
on the right to jointly worship in their traditional religious buildings require a legal basis,
they must pursue one of the legitimate aims explicitly mentioned in article 18 (3), they
should be narrowly defined and they must be proportionate.
2.
Muslim minorities in the southern part
53.
Muslims residing in the southern part do not live in closed village communities, but
rather with larger communities based in Larnaca and Limassol. Hence their situation differs
structurally from the living conditions of Christian Orthodox and Maronite communities in
the northern part, who have their own traditional villages. Muslims in the southern part
14
See A/HRC/18/51, p. 93 (reply of 3 May 2011).
13