CYPRUS v. TURKEY JUDGMENT
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B. As to the merits of the applicant Government's complaints
1. Article 2 of the Convention
216. The applicant Government maintained that the restrictions on the
ability of the enclaved Greek Cypriots and Maronites to receive medical
treatment and the failure to provide or to permit receipt of adequate medical
services gave rise to a violation of Article 2 of the Convention.
217. In their submission, the respondent State must be considered, as a
matter of administrative practice, to have failed to protect the right to life of
these communities, having regard to the absence in northern Cyprus of
adequate emergency and specialist services and geriatric care. In support of
their submission, the applicant Government observed that aged Greek
Cypriots were compelled to transfer to the south to obtain appropriate care
and attention.
218. The Commission found that there had been no violation of Article 2
by virtue of denying access to medical services to Greek Cypriots and
Maronites living in northern Cyprus. It considered in this respect that,
although there may have been shortcomings in individual cases, in general
access to medical services, including hospitals in the south, was available to
them. In view of this conclusion the Commission did not consider it
necessary to examine whether, in relation to this complaint, any domestic
remedies which might have been available in the “TRNC” had been
exhausted.
219. The Court observes that an issue may arise under Article 2 of the
Convention where it is shown that the authorities of a Contracting State put
an individual's life at risk through the denial of health care which they have
undertaken to make available to the population generally. It notes in this
connection that Article 2 § 1 of the Convention enjoins the State not only to
refrain from the intentional and unlawful taking of life, but also to take
appropriate steps to safeguard the lives of those within its jurisdiction (see
the L.C.B. v. the United Kingdom judgment of 9 June 1998, Reports 1998III, p. 1403, § 36). It notes, however, that the Commission was unable to
establish on the evidence that the “TRNC” authorities deliberately withheld
medical treatment from the population concerned or adopted a practice of
delaying the processing of requests of patients to receive medical treatment
in the south. It observes that during the period under consideration medical
visits were indeed hampered on account of restrictions imposed by the
“TRNC” authorities on the movement of the populations concerned and that
in certain cases delays did occur. However, it has not been established that
the lives of any patients were put in danger on account of delay in individual
cases. It is also to be observed that neither the Greek-Cypriot nor Maronite
populations were prevented from availing themselves of medical services
including hospitals in the north. The applicant Government are critical of
the level of health care available in the north. However, the Court does not