CYPRUS v. TURKEY JUDGMENT
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respondent State's attempt to reinforce the division of Cyprus through the
proclamation of the establishment of the “TRNC” in 1983 was vigorously
condemned by the international community, as evidenced by the adoption
by the United Nations Security Council of Resolutions 541 (1983) and 550
(1984) and by the Council of Europe's Committee of Ministers of its
resolution of 24 November 1983 (see paragraph 14 above).
71. The applicant Government stressed that even if Turkey had no legal
title in international law to northern Cyprus, Turkey did have legal
responsibility for that area in Convention terms, given that she exercised
overall military and economic control over the area. This overall and, in
addition, exclusive control of the occupied area was confirmed by
irrefutable evidence of Turkey's power to dictate the course of events in the
occupied area. In the applicant Government's submission, a Contracting
State to the Convention could not, by way of delegation of powers to a
subordinate and unlawful administration, avoid its responsibility for
breaches of the Convention, indeed of international law in general. To hold
otherwise would, in the present context of northern Cyprus, give rise to a
grave lacuna in the system of human-rights protection and, indeed, render
the Convention system there inoperative.
72. The applicant Government requested the Court to find, like the
Commission, that the Loizidou judgments (preliminary objections and
merits) defeated the respondent Government's arguments since they
confirmed that, as long as the Republic of Cyprus was unlawfully prevented
from exercising its rightful jurisdiction in northern Cyprus, Turkey had
“jurisdiction” within the meaning of Article 1 of the Convention and was,
accordingly, accountable for violations of the Convention committed in that
area.
73. In a further submission, the applicant Government requested the
Court to rule that the respondent State was not only accountable under the
Convention for the acts and omissions of public authorities operating in the
“TRNC”, but also those of private individuals. By way of anticipation of
their more detailed submissions on the merits, the applicant Government
claimed at this stage that Greek Cypriots living in northern Cyprus were
racially harassed by Turkish settlers with the connivance and knowledge of
the “TRNC” authorities for whose acts Turkey was responsible.
74. The Commission rejected the respondent Government's arguments.
With particular reference to paragraph 56 (pp. 2235-36) of the Court's
Loizidou judgment (merits), it concluded that Turkey's responsibility under
the Convention had now to be considered to extend to all acts of the
“TRNC” and that that responsibility covered the entire range of complaints
set out in the instant application, irrespective of whether they related to acts
or omissions of the Turkish or Turkish-Cypriot authorities.
75. The Court recalls that in the Loizidou case the respondent State
denied that it had jurisdiction in northern Cyprus and to that end invoked