CYPRUS v. TURKEY JUDGMENT
89
369. The Court recalls that it has accepted the facts as established by the
Commission (see paragraphs 339-40 above). It does not consider that, on
the basis of the evidence before it, there was, during the period under
consideration, an administrative practice of impeding all bi-communal
contacts between Turkish Cypriots living in the north and Greek Cypriots in
the south. The Court notes that the “TRNC” authorities took a much more
rigorous approach to such contacts after the second half of 1996 and indeed
prohibited them. However, and as noted by the Commission, alleged
violations of Convention rights occurring during that period are outside the
scope of the admissibility decision (see paragraph 368 above).
370. As to the alleged interference with the right of Turkish Cypriots
living in the north to freedom of association, the Court observes that the
Commission found on the evidence that the “TRNC” authorities had not
made any attempt to intervene to prevent the creation of bi-communal
organisations in the north of Cyprus. In the absence of any concrete
evidence to the contrary, and having regard to the requisite standard of
proof for establishing the existence of an administrative practice of violating
a Convention right, the Court concludes that there has been no violation of
Article 11 from this standpoint either.
371. The Court finds therefore that it has not been established that there
has been a violation, as a matter of administrative practice, of the right to
freedom of association or assembly under Article 11 of the Convention in
respect of Turkish Cypriots living in northern Cyprus.
6. Alleged violation of Article 1 of Protocol No. 1
372. The applicant Government maintained in the proceedings before
the Commission that there was a continuing violation of Article 1 of
Protocol No. 1, firstly, on account of the failure of the “TRNC” authorities
to allow Turkish Cypriots living in northern Cyprus to return to their
property in the south and, secondly, as a result of the tolerance shown by the
same authorities to acts of criminal damage to the property of Turkish
Cypriots committed by private parties.
373. The applicant Government stated before the Court that, regarding
the second complaint, the Commission wrongly concluded that it had not
been established that there existed an administrative practice by the
“TRNC” authorities of systematically condoning third-party interferences
with the property of Turkish Cypriots. The applicant Government did not
revert to the first complaint either in their memorial or at the hearing.
374. The Commission found that no cases were brought to its attention
where during the period under consideration Turkish Cypriots living in
northern Cyprus made attempts to access their property in the south and
were prevented from doing so. The complaint was therefore rejected for
want of substantiation. As to the alleged unlawful interference by private
persons with the property of Turkish Cypriots living in northern Cyprus, the