CYPRUS v. TURKEY JUDGMENT
81
335. For these reasons, and having regard to the facts and grounds of
complaint advanced by the applicant Government at the admissibility stage,
the Court confirms the Commission's view of the scope of its admissibility
decision. On that account it will not examine any complaints adjudged by
the Commission to fall outside the scope of that decision.
B. The establishment of the facts
1. The applicant Government's submissions
336. The applicant Government maintained that the Commission had
applied the wrong legal test in determining whether there existed an
administrative practice of violating the Convention. They referred in this
connection to the Commission's findings that it had not been proved
“beyond reasonable doubt”, firstly, that there was a practice by the “TRNC”
authorities and the courts of refusing legal protection to political opponents;
secondly, that there was a practice of discriminating against the Gypsy
community or denying them legal protection; and, thirdly, that there was a
practice of condoning interferences by criminal conduct with the property of
Turkish Cypriots or denying the latter legal protection.
337. The applicant Government submitted in the above connection that
it was sufficient under the Convention to establish proof of a practice with
reference to the existence of “substantial evidence” of such, which, as
regards these three allegations, there clearly was.
338. As to the Commission's evaluation of the evidence, the applicant
Government claimed that the value of certain of the Commission's findings
of no violation was undermined on account of the limits placed by the
Commission's delegates on the number of witnesses who could be heard and
the conclusions which the Commission drew from the credibility of those
witnesses who did in fact testify.
2. The Court's response
339. The Court reiterates at the outset its earlier conclusion that limits
placed by the Commission's delegates on the number of witnesses who
could be heard in support of the Government's case did not undermine the
principle of procedural equality (see paragraph 110 above). It is the
applicant Government's contention that the delegates, by refusing to allow
additional witness testimony, denied themselves the opportunity to be
apprised fully of the weight of the evidence against the respondent State.
However, in the Court's view, the delegates' decision could properly be
justified with reference to their perception of relevance and sufficiency of
evidence at the time of the hearing of witnesses. The Court sees no reason to
doubt that the delegates would have admitted further witnesses had they
considered that additional oral testimony would have contributed to the