CYPRUS v. TURKEY JUDGMENT
69
284. The applicant Government further contended that the evidence
before the Commission clearly showed that Article 8 had been breached in
the following additional respects: interference by the “TRNC” authorities
with the right to respect for correspondence by way of searches at the Ledra
Palace crossing-point and confiscation of letters; denial by the same
authorities for a lengthy period, and on a discriminatory basis, of the
installation of telephones in homes of Greek Cypriots and interception of
such calls as they were able to make.
285. The applicant Government reiterated their view that the respondent
State through its policy of colonisation had engaged in deliberate
manipulation of the demographic and cultural environment of the “home” of
the Greek Cypriots (see paragraph 167 above). They requested the Court to
find a breach of Article 8 on that account.
286. The applicant Government stated in conclusion that the Court
should address the Commission's failure to deal individually with each of
the above interferences and to find that they gave rise to separate breaches
of Article 8.
287. The Commission examined the applicant Government's complaints
from a global standpoint while not losing sight of the distinct aspects of that
provision (see paragraph 214 above). It found on the facts that the
restrictions imposed by the “TRNC” authorities during the period under
consideration on the freedom of movement of Greek Cypriots to and from
the south had the effect of gravely interfering with the right of the enclaved
Greek Cypriots to respect for family life. Furthermore, their movement
within the Karpas region, including to neighbouring villages or towns, was
accompanied by measures of strict and invasive police control. The
Commission noted that visitors to their homes were physically accompanied
by police officers who, in certain cases, stayed with the visitors inside the
host's home. In the Commission's opinion, this administrative practice
amounted to a clear interference with the right of the enclaved Greek
Cypriots to respect for their private life and home.
288. The Commission observed that no remedies were available to
challenge the measures applied to the enclaved population and that they
could not be justified in any manner with respect to the provisions of
paragraph 2 of Article 8.
289. In view of the above finding the Commission did not consider it
necessary to address the merits of the applicant Government's complaint
concerning the alleged effect of the respondent State's colonisation policy
on the demographic and cultural environment of the Greek Cypriots' homes.
290. Furthermore, the Commission did not find it established on the
evidence that, during the period under consideration, there had been an
administrative practice of disregarding the right of Greek Cypriots living in
northern Cyprus to respect for their correspondence.