CYPRUS v. TURKEY JUDGMENT
73
report under former Article 31 in the East African Asians v. the United
Kingdom case adopted on 14 December 1973 (Decisions and Reports 78-A,
p. 62). Having regard to the fact that it found the Convention to be violated
in several respects, the Commission noted that all the established
interferences concerned exclusively Greek Cypriots living in northern
Cyprus and were imposed on them for the very reason that they belonged to
this class of persons. In the Commission's conclusion, the treatment
complained of was clearly discriminatory against them on the basis of their
“ethnic origin, race and religion”. Regardless of recent improvements in
their situation, the hardships to which the enclaved Greek Cypriots were
subjected during the period under consideration still affected their daily
lives and attained a level of severity which constituted an affront to their
human dignity.
305. The Court recalls that in its Abdulaziz, Cabales and Balkandali v.
the United Kingdom judgment of 28 May 1985 (Series A no. 94), it
accepted the applicants' argument that, irrespective of the relevance of
Article 14, a complaint of discriminatory treatment could give rise to a
separate issue under Article 3. It concluded on the merits that the difference
of treatment complained of in that case did not denote any contempt or lack
of respect for the personality of the applicants and that it was not designed
to, and did not, humiliate or debase them (p. 42, §§ 90-92).
306. The Court further recalls that the Commission, in its decision in the
above-mentioned East African Asians case, observed, with respect to an
allegation of racial discrimination, that a special importance should be
attached to discrimination based on race and that publicly to single out a
group of persons for differential treatment on the basis of race might, in
certain circumstances, constitute a special affront to human dignity. In the
Commission's opinion, differential treatment of a group of persons on the
basis of race might therefore be capable of constituting degrading treatment
when differential treatment on some other ground would raise no such
question (loc. cit., p. 62, § 207).
307. With these considerations in mind the Court cannot but observe that
the United Nations Secretary-General, in his progress report of
10 December 1995 on the “Karpas Brief” (see paragraph 36 above), stated
that the review carried out by UNFICYP of the living conditions of the
Karpas Greek Cypriots confirmed that they were the object of very severe
restrictions which curtailed the exercise of basic freedoms and had the effect
of ensuring that, inexorably, with the passage of time, the community would
cease to exist. He made reference to the facts that the Karpas Greek
Cypriots were not permitted by the authorities to bequeath immovable
property to a relative, even the next-of-kin, unless the latter also lived in the
north; there was no secondary-school facilities in the north and GreekCypriot children who opted to attend secondary schools in the south were