2
CYPRUS v. TURKEY JUDGMENT
3. The applicant Government alleged with respect to the situation that
has existed in Cyprus since the start of Turkey's military operations in
northern Cyprus in July 1974 that the Government of Turkey (“the
respondent Government”) have continued to violate the Convention
notwithstanding the adoption by the Commission of reports under former
Article 31 of the Convention on 10 July 1976 and 4 October 1983 and the
adoption by the Committee of Ministers of the Council of Europe of
resolutions thereon. The applicant Government invoked in particular
Articles 1 to 11 and 13 of the Convention as well as Articles 14, 17 and 18
read in conjunction with the aforementioned provisions. They further
invoked Articles 1, 2 and 3 of Protocol No. 1.
These complaints were invoked, as appropriate, with reference to the
following subject-matters: Greek-Cypriot missing persons and their
relatives; the home and property of displaced persons; the right of displaced
Greek Cypriots to hold free elections; the living conditions of Greek
Cypriots in northern Cyprus; and the situation of Turkish Cypriots and the
Gypsy community living in northern Cyprus.
4. The application was declared admissible by the Commission on
28 June 1996. Having concluded that there was no basis on which a friendly
settlement could be secured, the Commission drew up and adopted a report
on 4 June 1999 in which it established the facts and expressed an opinion as
to whether the facts as found gave rise to the breaches alleged by the
applicant Government1.
5. Before the Court the applicant Government were represented by their
Agent, Mr A. Markides, Attorney-General of the Republic of Cyprus. The
respondent Government were represented by their Agent, Mr Z. Necatigil.
6. On 20 September 1999, the panel of the Grand Chamber determined
that the case should be decided by the Grand Chamber (Rule 100 § 1 of the
Rules of Court).
7. The composition of the Grand Chamber was determined according to
the provisions of Article 27 §§ 2 and 3 of the Convention and Rule 24
(former version) of the Rules of Court in conjunction with Rules 28 and 29.
8. Mr R. T��rmen, the judge elected in respect of Turkey, withdrew from
sitting in the Grand Chamber (Rule 28). The respondent Government
accordingly appointed Mr S. Dayıoğlu to sit as an ad hoc judge (Article 27
§ 2 of the Convention and Rule 29 § 1). Following a challenge by the
applicant Government to the participation of Mr Dayıoğlu, the Grand
Chamber, on 8 December 1999, noted that Mr Dayıoğlu had communicated
to the President his intention to withdraw from the case (Rule 28 §§ 3
1. Note by the Registry. The full text of the Commission’s opinion and of the five partly
dissenting opinions contained in the report will be reproduced as an annex to the final
printed version of the judgment (in Reports of Judgments and Decisions), but in the
meantime a copy of the Commission’s report is obtainable from the Registry.