Turkish Violations of the European Convention on Human Rights
The European Commission of Human Rights' first Report was based on evidence
received up to 18 May 1976. This period covered Turkey's invasions from
20 July 1974 to 16th August 1974 and her unfolding occupation and conduct
in northern Cyprus in the 21 months after all hostilities had ceased.8
Events from 18 May 1976 to 10 February 1983 were brought before the Commission
in Cyprus� third application. The Commission's findings on these events
were included in its Report adopted on 4 October 1983 and made public by
a decision of the Committee of Ministers on 2 April 1992.
THE COMMISSION'S APPROACH TO ITS TASK In its first Report, the Commission made it clear that, although evidence
had only been presented by the Government of Cyprus - Turkey having refused
to participate once her objection to the Commission exercising jurisdiction
had been overruled - 'the evidence before the Commission and the facts
established on the basis of this evidence cannot be seen as presenting
a view of the events and incidents complained of mainly from the Greek
Cypriot side. The Commission observes in this connection that:
certain events and incidents referred to in the applications are in
great part a matter of public knowledge. In particular, the massive movement
of population from the northern to the southern part of Cyprus after 20
July, 1974 is an indisputable fact which, as such, calls for no particular
investigation;
the Commission has based its findings in part on reports of other international
organisations, in particular the United Nations;
the witnesses heard by the Commission's Delegation in Cyprus testified,
with little exception, with a restraint and objectivity that gave credibility
to their testimony; some of them confirmed a number of statements in the
Particulars of the Applications about which they could not have had any
direct knowledge;
in the evaluation of the evidence before it, the Commission has refrained
from drawing any conclusions from the fact that the respondent Government,
despite every opportunity being offered to them, failed to make any statements,
or to propose counter-evidence on the applicant Government's allegations
(Report, p. 31).9 It should be added that the distinguished jurists who
adjudicated came from Western European States whose Governments have consistently
maintained a pro-Turkish stance on the Cyprus question and been reluctant
to condemn a NATO ally. This renders the Commission's objective Report
even more significant.
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Last modified: Sat Aug 17 23:12:06 EDT 1996