88
CYPRUS v. TURKEY JUDGMENT
right of Turkish Cypriots living in northern Cyprus to receive information
from the Greek-language press.
5. Alleged violation of Article 11 of the Convention
364. The applicant Government stated that, as a result of the “TRNC”'s
general policy in the area of freedom of movement, there was an
administrative practice of interference, dating from 1974, with the right of
Turkish Cypriots living in the north to meet or foregather with Greek
Cypriots and others in Cyprus, particularly in the United Nations bufferzone and in the government-controlled area.
365. The applicant Government highlighted several instances of
arbitrary restrictions being imposed on persons wishing to attend bicommunal meetings, including sports and music events. They drew
attention to their claim that the respondent Government had themselves in
their observations on the admissibility and merits of this complaint
submitted evidence to the Commission of the administrative practice of
imposing from 1994 through to 1996 continuing restrictions on the right of
Turkish Cypriots to travel to the south. This period, they recalled, was the
period under consideration.
366. The applicant Government acknowledged that the original
complaint formulated to the Commission was framed in terms of an
administrative practice of interference with the right of Turkish Cypriots
living in the north to freedom of association. They requested the Court to
examine also the complaint in the terms described above. As to the
restrictions on the right to freedom of association, they contended that the
evidence heard by the delegates clearly established a violation of this right.
They further observed in support of this allegation that “Articles 12 and 71
of the TRNC Constitution” precluded the formation of associations to
promote the interests of minorities. In their view, the existence of such a
prohibition should in itself be considered a violation of Article 11 of the
Convention.
367. The Commission observed that nothing was brought to its attention
to the effect that during the period under consideration there had been
attempts by Turkish Cypriots living in northern Cyprus to establish
associations with Greek Cypriots in the northern or southern parts of Cyprus
which were prevented by the authorities. On that account the Commission
found the complaint to be unsubstantiated.
368. As to impediments to participation by Turkish Cypriots in bicommunal events, the Commission noted that, according to relevant United
Nations documents, certain restrictions had been placed in the way of intercommunal meetings as from the second half of 1996. In the Commission's
opinion, any complaint to that effect related to distinct facts which occurred
after the date of the admissibility decision. For that reason a complaint
could not be entertained.