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International | Judicial decisions

The European Court of Human Rights

At the end of 2011, the Court had delivered 62 judgments concerning Cyprus, of which 51 found at least one violation of the European Convention on Human Rights, primarily of Article 6 (length of proceedings), and 5 found no violation.

Cases related to the Turkish occupation

ECtHR, Cyprus v. Turkey, Application No. 25781/94, Judgment, 10 May 2001

ECtHR, Loizidou v. Turkey, Application No. 15318/89, Judgment, 18 December 1996

In these two cases, the Court ruled that the applications fell within the "jurisdiction" of Turkey within the meaning of Article 1, thereby invoking its responsibility under the 1950 European Convention on Human Rights, as Turkey exercised effective overall control of northern Cyprus through the presence of its military troops.

Furthermore, in Cyprus v. Turkey the Court asserted that as a result of Turkey's "effective overall control over northern Cyprus, its responsibility cannot be confined to the acts of its own soldiers or officials in northern Cyprus but must also be engaged by virtue of the acts of the local administration which survives by virtue of Turkish military and other support" (§ 77).

ECtHR, Xenides-Arestis v. Turkey, Application No. 46347/99, Judgment, 22 December 2005

The case deals with the deprivation of property rights as a result of the continuing division of Cyprus and the Turkish occupation of the north of the island. The Court concluded that the deprivation of the right to enjoy one's property constituted a violation of Article 8 of the European Convention of Human Rights and required Turkey to "introduce a remedy, which secures genuinely effective redress for the Convention violations identified in the instant judgment in relation to the present applicant as well as in respect of all similar applications pending before the Court, in accordance with the principles for the protection of the rights laid down in Articles 8" (§ 40).

ECtHR, Solomou and Others v. Turkey, Application No. 36832/97, Judgment, 24 June 2008

The Court found Turkey responsible for the killing of two Greek Cypriots. Anastasios Issac was killed at a 1996 protest, and Solomos Solomou was shot at Issac's funeral. The Court found that they were both killed by agents of Turkey, and that the use of force was not justified by any of the exceptions laid down in Article 2(2) of the Convention. For failing to protect the right to life and in failing to mount an adequate investigation into the deaths, Turkey was ordered to pay compensation to the families.

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Saturday, 22 October 2016
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