92
CYPRUS v. TURKEY JUDGMENT
respondent State, it would be appropriate in this case for the Court to find a
violation of Article 1.
386. The applicant Government further submitted that the facts disclosed
that the respondent State in reality controlled Greek-Cypriot property in the
north in pursuance of a policy of ethnic cleansing. The respondent State's
resettlement programme was also a clear manifestation of this policy.
However, the respondent State sought to conceal its real aim with reference
to the limitations on rights permitted under Article 8 § 2 or Article 1 of
Protocol No. 1. The applicant Government submitted that the respondent
State must be considered in the circumstances to have violated Articles 17
and 18 of the Convention.
387. The applicant Government finally submitted that the respondent
State had failed to put an end to the violations of the Convention established
in the Commission's 1976 report as requested in the Committee of
Ministers' decision of 21 October 1977 (see paragraph 17 above). The
applicant Government stated that the Court should note any continuing
violations of the Convention which it found had continued after that
decision. They also submitted that the Court should consider it to be a
further aggravating factor that violations of the Convention had continued
for more than twenty years and that the respondent State's official policy
had directly resulted in violations after the Committee of Ministers'
decision.
388. The Court considers that it is unnecessary in the circumstances to
examine separately these complaints. It further recalls that, regarding the
applicant Government's complaints under Articles 17 and 18, it reached the
same conclusion in the context of similar allegations made with respect to
alleged interferences with the rights of Greek-Cypriot displaced persons'
property (see paragraph 206 above).
FOR THESE REASONS, THE COURT
I. PRELIMINARY ISSUES
1. Holds unanimously that it has jurisdiction to examine the preliminary
issues raised in the proceedings before the Commission (paragraphs 5658);
2. Holds unanimously that the applicant Government have locus standi to
bring the application (paragraph 62);