CYPRUS v. TURKEY JUDGMENT
11
respect of their properties in northern Cyprus. The Commission found
confirmation for this finding in the provisions of “Article 159 § 1 (b) of the
TRNC Constitution” of 7 May 1985 and “Law no. 52/1995” purporting to
give effect to that provision.
33. Although the respondent Government pointed out in their
submissions to the Commission that the issue of the right of displaced
Greek Cypriots to return to their homes was a matter to be determined
within the framework of the inter-communal talks sponsored by the
Secretary-General of the United Nations (see paragraph 16 above), the
Commission found that there had been no significant progress in recent
years in the discussion of issues such as freedom of settlement, payment of
compensation to Greek Cypriots for the interference with their property
rights, or restitution of Greek-Cypriot property in the Varosha district.
3. Alleged violations arising out of the living conditions of Greek
Cypriots in northern Cyprus
34. The applicant Government adduced evidence in support of their
complaint that the dwindling number of Greek Cypriots living in the Karpas
peninsula of northern Cyprus were subjected to continuing oppressive
treatment which amounted to a complete denial of their rights and a
negation of their human dignity. In addition to the harassment and
intimidation which they suffered at the hands of Turkish settlers, and which
has gone unpunished, the enclaved Greek Cypriots laboured under
restrictions which violated many of the substantive rights contained in the
Convention. The continuous daily interferences with their rights could not
be redressed at the local level on account of the absence of effective
remedies before the “TRNC” courts. Similar but less extensive restrictions
applied to the Maronite population living in the Kormakiti area of northern
Cyprus.
35. The respondent Government maintained before the Commission that
effective judicial remedies were available to all Greek Cypriots living in
northern Cyprus. However, they claimed that the applicant Government
actively discouraged them from taking proceedings in the “TRNC”. The
respondent Government further submitted that the evidence before the
Commission did not provide any basis of fact for the allegations made.
36. The Commission established the facts under this heading with
reference to materials submitted by both Governments. These materials
included, inter alia, written statements of persons affected by the
restrictions alleged by the applicant Government; press reports dealing with
the situation in northern Cyprus; case-law of the “TRNC” courts on the
availability of remedies in the “TRNC”; “TRNC legislation” and decisions
of the “TRNC Council of Ministers” on entry and exit arrangements at the
Ledra Palace check-point. The Commission also had regard to United
Nations documents concerning the living conditions of enclaved Greek