74
CYPRUS v. TURKEY JUDGMENT
denied the right to reside in the north once they reached the age of 16 in the
case of males and 18 in the case of females.
308. The Court notes that the Humanitarian Review reflected in the
“Karpas Brief” covered the years 1994-95, which fall within the period
under consideration for the purposes of the complaints contained in the
present application. It recalls that the matters raised by the United Nations
Secretary-General in his progress report have, from the perspective of the
Court's analysis, led it to conclude that there have been violations of the
enclaved Greek Cypriots' Convention rights. It further notes that the
restrictions on this community's freedom of movement weigh heavily on
their enjoyment of private and family life (see paragraphs 292-93 above)
and their right to practise their religion (see paragraph 245 above). The
Court has found that Articles 8 and 9 of the Convention have been violated
in this respect.
309. For the Court it is an inescapable conclusion that the interferences
at issue were directed at the Karpas Greek-Cypriot community for the very
reason that they belonged to this class of persons. The treatment to which
they were subjected during the period under consideration can only be
explained in terms of the features which distinguish them from the TurkishCypriot population, namely their ethnic origin, race and religion. The Court
would further note that it is the policy of the respondent State to pursue
discussions within the framework of the inter-communal talks on the basis
of bi-zonal and bi-communal principles (see paragraph 16 above). The
respondent State's attachment to these principles must be considered to be
reflected in the situation in which the Karpas Greek Cypriots live and are
compelled to live: isolated, restricted in their movements, controlled and
with no prospect of renewing or developing their community. The
conditions under which that population is condemned to live are debasing
and violate the very notion of respect for the human dignity of its members.
310. In the Court's opinion, and with reference to the period under
consideration, the discriminatory treatment attained a level of severity
which amounted to degrading treatment.
311. The Court concludes that there has been a violation of Article 3 of
the Convention in that the Greek Cypriots living in the Karpas area of
northern Cyprus have been subjected to discrimination amounting to
degrading treatment.
3. Article 14 of the Convention taken in conjunction with Article 3
312. The applicant Government stated that, notwithstanding the
Commission's conclusion on their complaint under Article 3, a conclusion
which they endorsed, the Court should give separate examination to the
discriminatory measures imposed on, and exclusively on, Greek Cypriots
living in northern Cyprus from the standpoint of compliance with Article 14
of the Convention. The applicant Government submitted that, since the