CYPRUS v. TURKEY JUDGMENT
29
other materials having been admitted in accordance with respect for the
requirements of procedural equality between the parties.
106. The Court observes that where it was impossible to guarantee full
respect for the principle of equality of arms in the proceedings before the
Commission, for example on account of the limited time available to a party
to reply fully to the other's submissions, the Commission took this factor
into account in its assessment of the evidential value of the material at issue.
Although the Court must scrutinise any objections raised by the applicant
Government to the Commission's findings of fact and its assessment of the
evidence, it notes that, as regards documentary materials, both parties were
given a full opportunity to comment on all such materials in their pleadings
before the Court, including the above-mentioned aide-mémoire, which was
admitted to the file by virtue of a procedural decision taken by the Court on
24 November 1999.
107. As regards oral evidence, the Court notes that the Commission
appointed three delegates to hear evidence on the Convention issues relating
to the general living conditions of the so-called “enclaved” Greek Cypriots
and the situation of Turkish Cypriots living in northern Cyprus, in particular
political dissidents and members of the Turkish-Cypriot Gypsy minority.
Witnesses were heard in Strasbourg on 27 and 28 November 1997, in
Nicosia (mostly) on 22 and 23 February 1998, and in London on 22 April
1998. The investigation also involved visits to certain localities (the Ledra
Palace crossing-point over the demarcation line, the court building in
northern Nicosia and Greek-Cypriot villages in the Karpas area). Oral
statements were taken by the delegates from a number of officials and other
persons encountered during the visit to northern Cyprus including the
Karpas peninsula. At the first hearing, ten witnesses proposed by the
applicant Government gave evidence, three of whom remained unidentified.
At the second hearing, the Commission delegates heard the evidence of
twelve witnesses, seven of whom were proposed by the respondent
Government and five by the applicant Government (including four
unidentified witnesses). At the third hearing in London, the delegates heard
five witnesses proposed by the applicant Government, four of whom
remained unidentified.
108. The Court observes that the Commission delegates took all
necessary steps to ensure that the taking of evidence from unidentified
witnesses complied with the fairness requirements of Article 6 of the
Convention.
109. It further observes that, in so far as the respondent Government
were critical of the arrangements drawn up by the delegates to hear the
evidence of the unidentified witnesses proposed by the applicant
Government, those arrangements were consistent with the screening
procedure requested by the respondent State itself to ensure the security of
unnamed witnesses in an earlier and unrelated case (Sargın and Yağci v.