44
CYPRUS v. TURKEY JUDGMENT
considers that the issue of whether the aggrieved persons could have been
expected to avail themselves of domestic remedies in the “TRNC” does not
arise.
172. The Court observes that the official policy of the “TRNC”
authorities to deny the right of the displaced persons to return to their homes
is reinforced by the very tight restrictions operated by the same authorities
on visits to the north by Greek Cypriots living in the south. Accordingly, not
only are displaced persons unable to apply to the authorities to reoccupy the
homes which they left behind, they are physically prevented from even
visiting them.
173. The Court further notes that the situation impugned by the applicant
Government has obtained since the events of 1974 in northern Cyprus. It
would appear that it has never been reflected in “legislation” and is enforced
as a matter of policy in furtherance of a bi-zonal arrangement designed, it is
claimed, to minimise the risk of conflict which the intermingling of the
Greek and Turkish-Cypriot communities in the north might engender. That
bi-zonal arrangement is being pursued within the framework of the intercommunal talks sponsored by the United Nations Secretary-General (see
paragraph 16 above).
174. The Court would make the following observations in this
connection: firstly, the complete denial of the right of displaced persons to
respect for their homes has no basis in law within the meaning of Article 8
§ 2 of the Convention (see paragraph 173 above); secondly, the intercommunal talks cannot be invoked in order to legitimate a violation of the
Convention; thirdly, the violation at issue has endured as a matter of policy
since 1974 and must be considered continuing.
175. In view of these considerations, the Court concludes that there has
been a continuing violation of Article 8 of the Convention by reason of the
refusal to allow the return of any Greek-Cypriot displaced persons to their
homes in northern Cyprus.
176. As to the applicant Government's further allegation concerning the
alleged manipulation of the demographic and cultural environment of the
displaced persons' homes, the Court, like the Commission, considers that it
is not necessary to examine this complaint in view of its above finding of a
continuing violation of Article 8 of the Convention.
177. Furthermore, the Court considers it appropriate to examine the
applicant Government's submissions on the issue of family separation (see
paragraph 166 above) in the context of their allegations in respect of the
living conditions of the Karpas Greek Cypriots.
2. Article 1 of Protocol No. 1
178. The applicant Government maintained that the respondent State's
continuing refusal to permit the return of the displaced persons to northern
Cyprus not only prevented them from having access to their property there