126
CYPRUS v. TURKEY JUDGMENT – PARTLY DISSENTING OPINION
OF JUDGE MARCUS-HELMONS
Even though those courts could hear and determine disputes between
members of the local population, they would never dare take an impartial
decision in a case relating to an event resulting from the military
occupation.
Paragraph 317 of the judgment
I do not agree with the majority of the Court on this subject. Under a line
of authority frequently followed by the Court, a violation of Article 14 of
the Convention taken together with another Article will not be found where
it covers the same ground as a finding of a violation of the other Article
taken alone. Conversely, where taking Article 14 with that other Article
results in a finding of an additional violation or a more serious violation of
the other Article, the Court has always accepted in its case-law that there
was also a violation of that other Article taken together with Article 14.
That is exactly the position here. Not to allow the religion to be practised
fully constitutes a violation in itself, but the additional imposition of
additional restrictions on account of that religion transforms the measure
into a separate violation.
Certain documents produced at the United Nations
The Commission and the Court have treated the evidence adduced by the
applicant Government in support of their allegations with great, some might
say excessive, caution. For example, the report of the Secretary-General of
the United Nations (S/1995/1020 of 10 December 1995) clearly documents
infringements of the freedom of association of Turkish Cypriots living in
the north wishing to take part in the formation of bi-communal associations
in northern Cyprus; and a Security Council document of 23 May 2000
(A/54/878-S/2000/462) refers to a letter from the Permanent Representative
of Turkey at the United Nations, an appendix to which indisputably
establishes that, for the authorities of the “TRNC”, Greek Cypriots and
Maronites living in northern Cyprus are aliens.