CYPRUS v. TURKEY JUDGMENT – PARTLY DISSENTING OPINION OF JUDGE FUAD 117 to me that such an approach would be to apply an obligation imposed by the Convention retrospectively and to divest the time limitation in the declaration of its effect. 26. I was not satisfied that the respondent State has been shown to be guilty of any Convention violation in relation to the missing persons or their relatives. 27. I now turn to address the alleged human-rights violations said to arise out of the living conditions of Greek Cypriots who choose to live in the Karpas region. My colleagues, following the reasoning of the majority in the Loizidou case, have held that all the violations found to have been established were imputable to Turkey because Turkey had general responsibility under the Convention for the policies and actions of the “TRNC” authorities since, through her army, she exercised overall control over northern Cyprus. They concluded, as had the Commission, that this was obvious “from the large number of troops engaged in active duties in northern Cyprus”. 28. I do not think that this aspect of the case can be approached without a consideration of the events which led to the division of Cyprus. These events were unique. The finely balanced constitutional arrangements, supported by solemn treaty obligations, under which the Republic of Cyprus was established, broke down all too soon. Then there was the 1974 coup, the object of which is common knowledge. What was virtually a war then ensued, followed by a cease-fire and the movement of many members of the community to the north or to the south of a buffer-zone. Starting as long ago as 1963, the Turkish Cypriots began the process of establishing an administration of their own. They did not sit back and rely on institutions of the Turkish Republic, or apply their laws. There was ample evidence to suggest that the “TRNC” might well, after investigation, be found to display all the attributes of a State (although only recognised by Turkey) which exercises independent and effective control over northern Cyprus. It cannot be assumed, without proper inquiry, that the “TRNC” is a puppet regime or subordinate jurisdiction of Turkey. 29. The fact that Turkey alone has recognised the “TRNC” does not affect the realities of the position. Recognition is, after all, a political act. Once the elaborate constitutional arrangements (with all the checks and balances designed to meet the concerns and anxieties of two distrustful communities) irretrievably broke down, difficult questions regarding recognition must have arisen. Governments were, of course, free to accord or withhold recognition as they wished, but the State that was recognised could not be said to be the bi-communal Republic established in 1960 under those arrangements. 30. I respectfully agree with the observations of Judge Gölcüklü in his dissenting opinion annexed to the Loizidou (merits) judgment where he said: