CYPRUS v. TURKEY JUDGMENT
21
authorities to allow her access to her property. However, it is to be observed
that the Court's reasoning is framed in terms of a broad statement of
principle as regards Turkey's general responsibility under the Convention
for the policies and actions of the “TRNC” authorities. Having effective
overall control over northern Cyprus, its responsibility cannot be confined
to the acts of its own soldiers or officials in northern Cyprus but must also
be engaged by virtue of the acts of the local administration which survives
by virtue of Turkish military and other support. It follows that, in terms of
Article 1 of the Convention, Turkey's “jurisdiction” must be considered to
extend to securing the entire range of substantive rights set out in the
Convention and those additional Protocols which she has ratified, and that
violations of those rights are imputable to Turkey.
78. In the above connection, the Court must have regard to the special
character of the Convention as an instrument of European public order
(ordre public) for the protection of individual human beings and its mission,
as set out in Article 19 of the Convention, “to ensure the observance of the
engagements undertaken by the High Contracting Parties” (see the Loizidou
judgment (preliminary objections) cited above, p. 31, § 93). Having regard
to the applicant Government's continuing inability to exercise their
Convention obligations in northern Cyprus, any other finding would result
in a regrettable vacuum in the system of human-rights protection in the
territory in question by removing from individuals there the benefit of the
Convention's fundamental safeguards and their right to call a High
Contracting Party to account for violation of their rights in proceedings
before the Court.
79. The Court observes that the applicant Government raise the issue of
imputability throughout their pleadings on the merits. Having regard to its
conclusion on this issue, the Court does not consider it necessary to
re-address the matter when examining the substance of the applicant
Government's complaints under the Convention.
80. The Court concludes, accordingly, and subject to its subsequent
considerations on the issue of private parties (see paragraph 81 below), that
the matters complained of in the instant application fall within the
“jurisdiction” of Turkey within the meaning of Article 1 of the Convention
and therefore entail the respondent State's responsibility under the
Convention.
81. As to the applicant Government's further claim that this
“jurisdiction” must also be taken to extend to the acts of private parties in
northern Cyprus who violate the rights of Greek Cypriots or Turkish
Cypriots living there, the Court considers it appropriate to revert to this
matter when examining the merits of the specific complaints raised by the
applicant Government in this context. It confines itself to noting at this stage
that the acquiescence or connivance of the authorities of a Contracting State
in the acts of private individuals which violate the Convention rights of