CYPRUS v. TURKEY JUDGMENT – PARTLY DISSENTING OPINION 103 precondition to having their complaints of human-rights violations examined by this Court is surely an unrealistic proposition given the obvious and justifiable lack of confidence in such a system of administration of justice. In the present judgment the Court unwisely embarks on the elaboration of a general theory of remedies in the “TRNC” constructed around the brief remarks of the ICJ in its Advisory Opinion on Namibia (see paragraphs 89102) and reaches the general conclusion in paragraph 102 that “for the purposes of former Article 26 ..., remedies available in northern Cyprus may be regarded as 'domestic remedies' of the respondent State”. This gives rise to two major difficulties. The first is that such a theory in the present case is not at all necessary since the Court does not in fact at any stage reject a complaint under former Article 26 for failure to exhaust domestic remedies! It limits itself to using these considerations only indirectly when considering the effectiveness of remedies from the standpoint of Article 13 and the issue of official tolerance as an element of the concept of administrative practice. The fifth point of the operative provisions on preliminary issues is thus both unnecessary and over-broad. More importantly, such a general conclusion has, as a direct consequence, that the European Court of Human Rights may recognise as legally valid decisions of the “TRNC” courts and, implicitly, the provisions of the Constitution instituting the court system. Such an acknowledgment, notwithstanding the Court's constant assertions to the contrary, can only serve to undermine the firm position taken by the international community which through the United Nations Security Council has declared the proclamation of the “TRNC”'s statehood “legally invalid” and which has stood firm in withholding recognition from the “TRNC”. It also runs counter to the position taken by the Committee of Ministers of the Council of Europe (see paragraph 14 of the judgment and paragraphs 19-23 of the Loizidou judgment) and to the terms of various resolutions calling upon States “not to facilitate or in any way assist the illegal secessionist entity” (see in particular paragraphs 20 and 23 of the Loizidou judgment). It is my view that an international court should be extremely hesitant before adopting a position which goes so firmly against the grain of international practice – particularly when this is not at all necessary for the disposal of the case before it. The cautious position adopted by the Court in paragraph 45 of its Loizidou judgment is a telling example of the wisdom of such an approach. It remains to explain why it is not necessary for the Court to express any view on the legal significance of the remedies in northern Cyprus in order to decide the present case. I propose to examine in this context the complaints where the Court took into account the existence of remedies in order to reach its conclusion – namely those under Articles 6 and 13 as regards the Greek-Cypriot community in northern Cyprus (paragraphs 233-40 and 324