124 CYPRUS v. TURKEY JUDGMENT – PARTLY DISSENTING OPINION OF JUDGE MARCUS-HELMONS Paragraph 101 of the judgment This paragraph, in which the Court notes an apparent contradiction, seems to me particularly inopportune, and even harmful, as it gives the impression that the Court sees no difference between the two violations of which Turkey is accused by Cyprus, as these are two very different cases, despite the fact that a single event is at the origin of both violations. The criminal law of all democratic countries provides for situations in which a single offence may entail various consequences each of which, taken in isolation, may result in prosecution. By invading Cyprus and setting up illegal courts, Turkey clearly violated Article 6 of the European Convention. It is for that reason that those domestic remedies do not require exhausting before an application is made to Strasbourg. I do not see any contradiction in that. It is precisely if the situation had been the converse that the applicant Government would have contradicted themselves, namely, on the one hand, by accusing the respondent State of being at the origin of numerous violations of human rights through its illegal occupation of northern Cyprus and, inter alia, of having established an illegal regime in that part of the country while, on the other hand, accepting that the courts illegally established by a military force there could provide a legally valid solution to the alleged violations. Such reasoning is to my mind Cartesian. Furthermore, the view that there is a “contradiction” is made even more erroneous by the fact that, as will be remembered, Turkey has consistently argued that the “TRNC” is a separate entity and that the courts of the “TRNC” are not part of the Turkish court system. Accordingly, adopting an ad hominem approach, how could the courts of the “TRNC” be regarded as being able to provide an effective remedy putting an end to the violations alleged against Turkey? There is therefore no contradiction on the part of the applicant Government in those circumstances. It is for that reason that I personally consider, mutatis mutandis, that courts established illegally in northern Cyprus do not satisfy the requirements of Article 6 of the Convention, which requires inter alia: “...[a] tribunal ... established by law...”. For exactly the same reason I am of the view that there is no “effective remedy before a national authority”, as required by Article 13 of the Convention, in northern Cyprus (see, in particular, paragraph 324, point 1, and paragraph 383). Paragraph 221 of the judgment In this paragraph the Court holds that there has been no violation of Article 2 of the Convention as a result of the “TRNC” authorities' refusal to