CYPRUS v. TURKEY JUDGMENT – PARTLY DISSENTING OPINION 107 adduced in support of the practice gives rise to an arguable claim of the existence of a practice. But even if it did, I consider that the burden rests on the respondent Government to demonstrate, with reference to decided cases, that these groups had a realistic possibility of bringing successful court actions. In the political situation obtaining in the “TRNC” I am not at all convinced, for reasons similar to those set forth in the context of Article 6 above, that the court system is capable of affording or would be permitted to afford remedies to political dissidents who call into question the policy of ethnic separation on which the entity is constructed or to impoverished Gypsies living on the margins of civil society. Accordingly, the problem of remedies could also have been avoided in this context either by finding that it was not necessary to examine Article 13 or, in the alternative, finding that there was also a violation of that provision on the basis of the ineffectiveness of remedies – while leaving open the question of their legality. Conclusion The Court was unwise to follow the Commission in elaborating a general theory concerning the validity and effectiveness of remedies in the “TRNC”. It has perhaps lost sight of the disagreement between the Commission and Court in Loizidou as to how to approach issues arising out of Turkey's continuing occupation of northern Cyprus. Surely in such a political area the Court should allow itself to be guided by the firm – and unrelenting – approach followed up to the present day by the international community. As shown above, the approach taken by the Court was unnecessary to decide the issues presented in this case. In an inter-State case where issues arise which have implications for the international community at large in its relations with both parties and indeed with the Court, the principle of judicial restraint should have been given free rein as the Court suggested in its remarks in the Loizidou judgment referred to above. I very much regret that a similar measure of caution was not followed in this case.