CYPRUS v. TURKEY JUDGMENT – PARTLY DISSENTING OPINION 105 few successful court judgments in personal-injury or trespass actions1 –, experience and common sense teach us that the courts are generally powerless in such a situation. It must also be borne in mind that the inhabitants during the period under consideration were not permitted to travel more than three miles from their homes – a fact which is hardly conducive to a desire to have recourse to the courts to settle disputes. It is thus a perfectly natural and predictable state of affairs that this population makes no real use of the court system. The Court must have regard to the general legal and political context in which remedies operate as well as the personal circumstances of the complainants (see the Akdivar and Others v. Turkey judgment of 16 September 1996, Reports 1996-IV, p. 1211, § 69). It is more in keeping with the Court's usual approach to remedies to conclude that where there is a practice of non-observance of Convention provisions, in pursuance of a particular policy of the State, remedies will, as a consequence, be halfhearted, incomplete or futile (see, mutatis mutandis, the Commission's report in the Greek case, Yearbook 12, p. 194). This conclusion would also apply to the complaint under Article 13 concerning alleged interferences by private persons with the rights of Greek Cypriots in northern Cyprus. Finally, it is difficult to comprehend how it can be said to be for the benefit of the local population – in the words of the much-relied upon sentence in the Advisory Opinion in the Namibia case – to require members of these communities to exhaust the domestic remedies offered by the “TRNC” before the Court would examine their complaints of human-rights violations. In conclusion, the Court ought to have found a violation of this provision as an inevitable consequence of its general appraisal of the plight of this community and left open all issues concerning the legal system of the “TRNC”. 2. Complaints concerning Turkish-Cypriot political opponents and Gypsies The Court rejects the allegations of the existence of an administrative practice of a violation of the rights of both of the above categories. I find it helpful to recall that the concept of administrative practice in the case-law of the Convention institutions involves two distinct and cumulative elements: firstly a repetition of acts or “an accumulation of identical or analogous breaches which are sufficiently numerous and inter-connected to amount not merely to isolated incidents or exceptions but to a pattern or 1. The Court has been informed of several successful court actions but it has no information at its disposal concerning the question of whether these judgments were actually enforced. The issue of enforcement, according to the applicant Government’s submissions, is also linked to alleged intimidation by Turkish settlers (see paragraph 229 of the judgment).