112 CYPRUS v. TURKEY JUDGMENT – PARTLY DISSENTING OPINION OF JUDGE FUAD 6. In conclusion Judge Pettiti said: “Whatever the responsibilities assumed in 1974 at the time of the coup d'état, or those which arose with the arrival of the Turkish troops in the same year, however hesitant the international community has been in attempting to solve the international problems over Cyprus since 1974, at the time when the 'TRNC' was set up or at the time of Turkey's declaration to the Council of Europe, those responsibilities being of various origins and types, the whole problem of the two communities (which are not national minorities as that term is understood in international law) has more to do with politics and diplomacy than with European judicial scrutiny based on the isolated case of Mrs Loizidou and her rights under Protocol No. 1. It is noteworthy that since 1990 there has been no multiple inter-State application bringing the whole situation in Cyprus before the Court. That is eloquent evidence that the member States of the Council of Europe have sought to exercise diplomatic caution in the face of chaotic historical events which the wisdom of nations may steer in a positive direction.” 7. I also agree with Judge Gölcüklü's views in his dissenting opinion. He emphasised the fact that the Court was dealing with a political situation and that he did not find it possible to separate the political aspects of the case from its legal aspects. He agreed with Judge Bernhardt's approach and later remarked: “The Cypriot conflict between the Turkish and Greek communities is mainly attributable to the 1974 coup d'état, carried out by Greek Cypriots with the manifest intention of achieving union with Greece (enosis), which the Cypriot head of state at the time vigorously criticised before the international bodies. After this coup d'état Turkey intervened to ensure the protection of the Republic of Cyprus under the terms of a Treaty of Guarantee previously concluded between three interested States (Turkey, the United Kingdom and Greece) which gave these States the right to intervene separately or jointly when the situation so required, and the situation did so require ultimately in July 1974, on account of the coup d'état. In all of the above, incidentally, I make no mention of the bloody events and incidents which had been going on continually since 1963. This implementation of a clause in the Treaty of Guarantee changed the previously existing political situation and durably established the separation of the two communities which had been in evidence as early as 1963. ... After the establishment of the buffer-zone under the control of United Nations forces, movement from north to south and vice versa was prohibited and there was a population exchange with the common consent of the Turkish and Cypriot authorities under which eighty thousand Turkish Cypriots moved from southern to northern Cyprus.” 8. Judges Gölcüklü and Pettiti made other observations about the present situation in Cyprus with which I respectfully agree. I think that they are relevant to the issue before us even though made at the just satisfaction stage (Loizidou v. Turkey judgment of 28 July 1998 (Article 50), Reports 1998-IV).