CYPRUS v. TURKEY JUDGMENT
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Like the Commission, and without questioning the value of the
humanitarian work being undertaken by the CMP, the Court reiterates that
those obligations cannot be discharged with reference to the nature of the
CMP's investigation (see paragraph 135 above).
150. The Court concludes that, during the period under consideration,
there has been a continuing violation of Article 5 of the Convention by
virtue of the failure of the authorities of the respondent State to conduct an
effective investigation into the whereabouts and fate of the missing GreekCypriot persons in respect of whom there is an arguable claim that they
were in custody at the time they disappeared.
151. The Court, on the other hand finds, like the Commission, that it has
not been established that during the period under consideration any of the
Greek-Cypriot missing persons were actually being detained by the
Turkish-Cypriot authorities.
(d) Articles 3, 6, 8, 13, 14 and 17 of the Convention
152. The Court observes that, at the merits stage of the proceedings
before the Commission, the applicant Government submitted that the facts
of the case disclosed violations of the above-mentioned Articles. The
Commission concluded that these complaints were outside the scope of its
admissibility decision and on that account could not be examined.
153. The Court further observes that the applicant Government have not
pursued these complaints either in their memorial or at the public hearing;
nor have they sought to dispute the Commission's interpretation of the scope
of its admissibility decision. In these circumstances the Court considers that
there is no reason to consider either its jurisdiction to examine these
complaints or their merits.
The Court concludes therefore that it is not necessary to examine the
applicant Government's complaints under Articles 3, 6, 8, 13, 14 and 17 of
the Convention in respect of the Greek-Cypriot missing persons.
B. Greek-Cypriot missing persons' relatives
1. Article 3 of the Convention
154. The applicant Government, for the reasons given by the
Commission, requested the Court to rule that the continuing suffering of the
families of missing persons constituted not only a continuing but also an
aggravated violation of Article 3 of the Convention, which states:
“No one shall be subjected to torture or to inhuman or degrading treatment or
punishment.”
155. In the Commission's opinion, the circumstances relied on by the
applicant Government disclosed a continuing violation of Article 3
regarding the relatives of the missing persons. For the Commission, in view