58
CYPRUS v. TURKEY JUDGMENT
system, that dispute-resolution mechanisms which offer individuals the
opportunity of access to justice for the purpose of remedying wrongs or
asserting claims should be used.
237. The Court observes from the evidence submitted to the
Commission (see paragraph 39 above) that there is a functioning court
system in the “TRNC” for the settlement of disputes relating to civil rights
and obligations defined in “domestic law” and which is available to the
Greek-Cypriot population. As the Commission observed, the court system
in its functioning and procedures reflects the judicial and common-law
tradition of Cyprus (see paragraph 231 above). In its opinion, having regard
to the fact that it is the “TRNC domestic law” which defines the substance
of those rights and obligations for the benefit of the population as a whole it
must follow that the domestic courts, set up by the “law” of the “TRNC”,
are the fora for their enforcement. For the Court, and for the purposes of
adjudicating on “civil rights and obligations” the local courts can be
considered to be “established by law” with reference to the “constitutional
and legal basis” on which they operate.
In the Court's opinion, any other conclusion would be to the detriment of
the Greek-Cypriot community and would result in a denial of opportunity to
individuals from that community to have an adjudication on a cause of
action against a private or public body (see paragraph 96 above). It is to be
noted in this connection that the evidence confirms that Greek Cypriots
have taken successful court actions in defence of their civil rights.
238. The Court would add that its conclusion on this matter in no way
amounts to a recognition, implied or otherwise, of the “TRNC”'s claim to
statehood (see paragraphs 61, 90 and 92 above).
239. The Court notes that the applicant Government contest the
independence and impartiality of the “TRNC” court system from the
perspective of the local Greek-Cypriot population. However, the
Commission rejected this claim on the facts (see paragraph 231 above).
Having regard to its own assessment of the evidence, the Court accepts that
conclusion.
240. For the above reasons, the Court concludes that no violation of
Article 6 of the Convention has been established in respect of Greek
Cypriots living in northern Cyprus by reason of an alleged practice of
denying them a fair hearing by an independent and impartial tribunal in the
determination of their civil rights and obligations.
4. Article 9 of the Convention
241. The applicant Government alleged that the facts disclosed an
interference with the enclaved Greek Cypriots' right to manifest their
religion, in breach of Article 9 of the Convention which states:
“1. Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief and freedom, either alone or in