84
CYPRUS v. TURKEY JUDGMENT
rights invoked by the applicant Government. The Court must have regard to
the fact that the complaints alleged by the applicant Government are shaped
in a vulnerable political context bolstered by a strong Turkish military
presence and characterised by social rivalry between Turkish settlers and the
indigenous population. Such a context has lead to tension and, regrettably,
to acts on the part of the agents of the “TRNC” which violate Convention
rights in individual cases. However, the Court considers that neither the
evidence adduced by the applicant Government before the Commission nor
their criticism of the Commission's evaluation of that evidence can be said
to controvert the finding that it has not been shown beyond reasonable
doubt that the alleged practice existed during the period under
consideration.
347. The Court further notes that the Commission observed that
aggrieved individuals did not test the effectiveness of remedies available in
the “TRNC” legal system in order to secure redress for their complaints.
The Court for its part considers that the respondent Government, in their
submissions to the Commission, made out a case for the availability of
remedies, including the remedy of habeas corpus. It is not persuaded on the
evidence before it that it has been shown that these remedies were
inadequate and ineffective in respect of the matters complained of or that
there existed special circumstances absolving the individuals in question
from the requirement to avail themselves of these remedies. In particular,
and as previously noted, the evidence does not show to the Court's
satisfaction that the “TRNC” authorities have, as a matter of administrative
practice, remained totally passive in the face of serious allegations of
misconduct or infliction of harm either by State agents or private parties
acting with impunity (see, mutatis mutandis, the above-mentioned Akdivar
and Others judgment, p. 1211, § 68; and paragraph 115 above, in fine).
348. Having regard to the above considerations, the Court concludes that
it has not been established that, during the period under consideration, there
has been an administrative practice of violation of the rights of Turkish
Cypriots who are opponents of the regime in northern Cyprus under
Articles 3, 5, 8, 10 and 11 of the Convention, including by reason of an
alleged practice of failing to protect their rights under these provisions.
2. Complaints relating to the Turkish-Cypriot Gypsy community
349. The applicant Government stated that the Gypsy community living
in northern Cyprus was subjected, as a matter of practice, to discriminatory
and degrading treatment so extensive that many Gypsies were compelled to
seek political asylum in the United Kingdom. The applicant Government
relied on Articles 3, 5, 8 and 14 of the Convention.
350. The applicant Government submitted that the Commission had
erred in finding that members of the Gypsy community who had
experienced hardship had not exhausted domestic remedies. They contended