42
CYPRUS v. TURKEY JUDGMENT
163. The Court considers that there are no exceptional circumstances
which would lead it to take a different view of the facts established by the
Commission (see paragraphs 30-33 above). It notes in this regard that the
Commission was able to draw on the findings contained in its 1976 and
1983 reports and took into account the impact of “legislative” and other
texts in force in the “TRNC” on the enjoyment of the rights invoked by the
applicant Government. It further notes that the respondent Government did
not contest the accuracy of several allegations of fact made by the applicant
Government in the proceedings before the Commission (see paragraph 29
above).
164. The Court will accordingly examine the merits of the applicant
Government's complaints with reference to the facts established by the
Commission.
B. As to the merits of the applicant Government's complaints
1. Article 8 of the Convention
165. The applicant Government maintained that it was an
unchallengeable proposition that it was the respondent State's actions which
had prevented the displaced Greek Cypriots from returning to their homes,
in violation of Article 8 of the Convention which provides:
“1. Everyone has the right to respect for his private and family life, his home and
his correspondence.
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society
in the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.”
166. The applicant Government declared that the policy of the
respondent State, aimed at the division of Cyprus along racial lines, affected
211,000 displaced Greek Cypriots and their children as well as a number of
Maronites, Armenians, Latins and individual citizens of the Republic of
Cyprus who had exercised the option under the Constitution to be members
of the Greek-Cypriot community. They submitted that the continuing
refusal of the “TRNC” authorities to allow the displaced persons to return to
the north violated not only the right to respect for their homes but also the
right to respect for their family life. In this latter connection, the applicant
Government observed that the impugned policy resulted in the separation of
families.
167. In a further submission, the applicant Government requested the
Court to find that the facts also disclosed a policy of deliberate destruction
and manipulation of the human, cultural and natural environment and
conditions of life in northern Cyprus. The applicant Government contended