CYPRUS v. TURKEY JUDGMENT
87
Protocols thereto by another Contracting State (see the above-mentioned
Ireland v. the United Kingdom judgment, p. 91, § 240). In the same
judgment the Court found that a “breach” within the meaning of former
Article 24 (current Article 33) resulted from the mere existence of a law
which introduced, directed or authorised measures incompatible with the
rights and freedoms safeguarded. The Court further stated that a breach of
this kind might only be found if the law challenged pursuant to former
Article 24 (current Article 33) was couched in terms sufficiently clear and
precise to make the breach immediately apparent; otherwise, the decision
should be arrived at by reference to the manner in which the respondent
State interpreted and applied in concreto the impugned text or texts (ibid.).
358. For the Court, examination in abstracto of the impugned
“constitutional provision” and the “Prohibited Military Areas Decree” leads
it to conclude that these texts clearly introduced and authorised the trial of
civilians by military courts. It considers that there is no reason to doubt that
these courts suffer from the same defects of independence and impartiality
which were highlighted in its Incal v. Turkey judgment in respect of the
system of National Security Courts established in Turkey by the respondent
State (judgment cited above, pp. 1572-73, §§ 70-72), in particular the close
structural links between the executive power and the military officers
serving on the “TRNC” military courts. In the Court's view, civilians in the
“TRNC” accused of acts characterised as military offences before such
courts could legitimately fear that they lacked independence and
impartiality.
359. For the above reasons the Court finds that there has been a violation
of Article 6 of the Convention on account of the legislative practice of
authorising the trial of civilians by military courts.
4. Alleged violation of Article 10 of the Convention
360. The applicant Government complained in the proceedings before
the Commission that the right of Turkish Cypriots living in northern Cyprus
to receive information was violated on account of a prohibition on the
circulation of Greek-language newspapers. The applicant Government did
not revert to this complaint in their memorial or at the public hearing.
361. The Commission found, with reference to a similar complaint
raised in the context of the living conditions of the Karpas Greek Cypriots,
that the alleged restrictions on the circulation of Greek-language
newspapers in northern Cyprus had not been substantiated.
362. The Court agrees with the Commission's conclusion and notes that
it is consistent with the finding reached on the evidence in connection with
the alleged interference with Article 10 invoked with respect to the enclaved
Greek-Cypriot population (see paragraphs 253-54 above).
363. The Court holds, accordingly, that no violation of Article 10 of the
Convention has been established by virtue of alleged restrictions on the