Newsgroups: bit.listserv.hellas
Date:         Mon, 17 Aug 1992 02:46:00 EDT
Reply-To:     PXP111@PSUVM.BITNET
From:         PXP111@PSUVM.BITNET
Subject:      Kypros (apo ta metwpa twv SC's)

(Avdrovikos leipei alla afnse merika files wste va divovtai "apavtn-
seis" kai oriste mia pou me ligo movtaz stnv arxn np8e "kouti")

Original Tilte:  This Reminds me...

Kutluk Ozguven (kutluk@ccl.umist.ac.uk) announces in Message <kutluk.
713554189@ccl.umist.ac.uk>  in all Newsgroups :  soc.culture.turkish,
soc.culture.europe , soc.culture.yugoslavia,  soc.culture.greek, soc.
culture.british, soc.culture.french, soc.culture.german, soc.culture.
italian...

> Marco; this is not a complex international problem. Serbia has inva-
> ded 2/3 of Bosnia, and has kicked out nearly 2 million Muslims,  and
      
> Serbian irregulars has been killing thousands either systematicly or
                                                       
> during the kick-out.  This is  not a complex territorial problem be-
                         
> tween two equivalent countries. There is a genocide here.
                                   

and I could not help wondering how funny and tragic it appears to read
this by a Turk..., using these very words...  An Irony?   :-(
Does this guy say  similar things to his own people  or  Hypocritically
now accuses others?
Others.. who are barely amateur imitators if compared to Turkey in cle-
ansing, segregation etc when she (regional power Turkey  - Not the evil
Empire that "cleared the Armenians")  invaded Cyprus in 1974...

The victims in the small island correspond to 90,000,000 refugees in ex
-USSR, 85,000,000 people in the USA, 25,000,000 in the FRG of that era,
22,000,000 victims in Britain or 20,000,000 in France!

Just for the record I will post parts from the:

        1st  PEPOPT OF THE EYROPEAN COMMISSION OF HUMAN RIGHTS
              TURKEY'S INVASION IN CYPRUS AND AFTERMATH
                     (20 JULY 1974 - 18 MAY 1976)

and here are the:
Contents --> Approach to the Task/Introductory
         --> Killing
         --> Displacement of Persons (Creating Refugees)
         --> Deprivation of Liberty
         --> Mass Rapes
         --> Torture and Inhuman Treatment
         --> Deprivation of Possessions, Looting and wanton Destruction
         --> Discrimination
         --> No Remedy
                                                              A.Romanos
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

                      Part of the Introduction
                      -------------------------

After overruling Turkey's objection the Commission of Human Rights con-
sidered:

    "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 Cy-
     priot 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
       organizations, in particular the United Nations;
     - the witnesses heard by the Commission's Delegation in Cyprus te-
       stified, 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 a-
       bout 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 proposed counter-
       evidence on the applicant Government's allegations"
                                                         <Report, p.31>


                              * * * * * *
                              * KILLING *
                              * * * * * *

Relevant Article of the European Convention on Human Rights:
                " Everyone's right to life shall be protected by law.
                  No one shall be deprived of his life intentionally."
                                                           <Article 2>
Charge laid against Turkey: The Turkish Army embarked upon a systematic
                  course of mass murders of civilians  unconnected with
                  any war activity, including women and babies in arms,
                  and soldiers who had surrendered.

Turkish defense: No answer was given to these charges. Turkey boycotted
                 the Commission's proceedings  once  her jurisdictional
                 objection was rejected.

Commission's verdict: By 14 votes to 1 the Commission,  after examining
                 a number of killings at specific places, held that the
                 evidence before it constituted  "strong indications of
                 killings committed on a substantial scale"  para.346).
                 The Commission concluded:
                 " In view of the  very  detailed material before it on
                   other killings  alleged by the applicant Government,
                   the Commission, by fourteen votes against one,  con-
                   cludes from the whole evidence that killings happen-
                   ed on a larger scale than in Elia.  There is nothing
                   to show that  any of these deprivations of life were
                   justified... " <Report, p.165>.

Further relevant facts: Greek National  Guardsmen  and  civilians  were
                 killed in the field  and in bombing raids  on civilian
                 targets, including hospitals. In these raids the Turk-
                 ish Air Force used napalm. These killings were not the
                 subject  of the application to the European Commission
                 on Human Rights, being rather BREACHES of the   G e n-
                 e v a     C o n v e n t i o n s .


                             * * * * * * * * * * * * * *
                             * DISPLACEMENT OF PERSONS *
                             *  ( CREATING REFUGEES )  *
                             * * * * * * * * * * * * * *

Relevant Article of the European Convention on Human Rights:
               " Everyone has the right to respect for his private  and
                 family life and his home..."               <Article 8>

Charge laid against Turkey: The Turkish Army  displaced  200,000  Greek
                 Cypriots (more than one third of the population)  from
                 their homes. This was effected partly by physical exp-
                 ulsion and partly  by a systematic campaign of terror,
                 causing Greek Cypriots to flee in the face of Turkey's
                 advancing armed forces.Refugees and expellees were not
                 permitted by the Turkish Army to return to their homes
                 in the Turkish occupied area.

Turkish defense: No answer was given to these charges. Turkey boycotted
                 the Commission's proceedings  once  her jurisdictional
                 objection was rejected.

Commission's Verdict:
                  " Displacement of persons:
                  1. The Commission concludes by thirteen votes against
                     one that,by the refusal to allow the return of mo-
                     re than  170,000  Greek Cypriot  refugees to their
                     homes in the north of Cyprus, Turkey violated, and
                     was continuing to violate Art. 8 of the Convention
                     in all these cases.
                     [ When hostilities ended  some Greek Cypriots were
                       able to return to their homes near the cease-fi-
                       re lines in areas under UN or Government control
                       thus reducing the number of refugees to 170,000]
                  2. The Commission  concludes  by twelve votes against
                     one that,  by the eviction  of Greek Cypriots from
                     houses, including their homes,by their transporta-
                     tion to other places within the north of Cyprus,or
                     by their  deportation across the demarcation line,
                     Turkey has equally violated Art. 8 of the Convent-
                     ion.
                  3. The Commission concludes by thirteen votes against
                     one that by the  refusal  to allow the  return  to
                     their  homes  in the  north  of Cyprus  of several
                     thousand  Greek Cypriots  who had been transferred
                     to the south under inter-communal agreements, Tur-
                     key violated, and was continuing to violate Art. 8
                     of the Convention in all these cases.
                  4. The Commission concludes by fourteen votes against
                     one with one abstention that, by the separation of
                     Greek Cypriot  families  brought about by measures
                     of displacement in a  substantial number of cases,
                     Turkey has again violated Art.8 of the Convention."
                                                       <Report, p.163>


                      * * * * * * * * * * * * * *
                      * DEPRIVATION  OF LIBERTY *
                      * * * * * * * * * * * * * *

Relevant Article of the European Convention on Human Rights:
               " No one shall be deprived of his liberty.." <Article 5>

Charge laid against Turkey: The Turkish armed forces detained thousands
                 of persons arbitrarily and without lawful authority.On
                 entering any inhabited area  they  immediately rounded
                 up all Greek Cypriot inhabitants  (many women & child-
                 ren were hiding in their homes) .  On capture men were
                 separated and detained apart from old people,women and
                 children, who were either put in "concentration camps"
                 or expelled.  On the hundreds kept in such camps small
                 babies to old people of 90 were crowded together under
                 atrocious conditions  without  sanitary  facilities at
                 the height of summertime, when temperatures reach over
                 40 o C. The worst such "concentration camps" were Voni,
                 Marathovouno, Vitsada and Gypsou. In addition, Turkish
                 authorities held some 3,000 inhabitants of the Kyrenia
                 district in the Kyrenia Dome Hotel & in Bellapais vil-
                 lage.
                 Many  male  Greek Cypriots  were  temporarily  sent as
                 "prisoners of war"  to places like Saray Prison & Pav-
                 lides Garage in the Turkish part of Nicosia, later be-
                 ing transported to Turkey  and  detained in prisons in
                 Adana, Amasia and Atiama. It is notable that the great
                 majority of those shipped to Turkey  were civilians of
                 all ages between 17 and 70.
                 [ Article 49.1  of the Geneva Convention, 1949, Fourth
                                 Schedule, provides that:
                  "individual or mass forcible transfers,as well as de-
                  portations of protected persons from  occupied terri-
                  tory of the  Occupying Power  or to that of any other
                  country, occupied or not  ARE PROHIBITED,  regardless
                  of their motive."]< The transfer of civilians to Tur-
                                    < key show the  contempt  exhibited
                                    < by the Turkish Army for the prin-
                                    < ciples of international law.

                 Turkey has  never provided complete lists of detainees
                 and the fate of about 3,000 Greek Cypriots was unknown
                 at the time of the first applications to the Commissi-
                 on. Because evidence showed  numbers  of these MISSING
                 persons had been in  custody  in Turkey the Commission
                 was asked to investigate whether they were  STILL IMP-
                 RISONED there.

Turkish defense: No answer was given to these charges. Turkey boycotted
                 the Commission's proceedings  once  her jurisdictional
                 objection was rejected.

Commission's Verdict:
                  " Detention centers
                  1. The Commission,by thirteen votes against one, con-
                     cludes that, by the  CONFINEMENT  of more than two
                     thousand Greek Cypriots to detention centres esta-
                     blished in schools and churches at Voni,Gypsou and
                     Morphou,Turkey has violated Art.5(1) of the Conve-
                     ntion.
                  2. The Commission by thirteen votes against one, fur-
                     ther concludes that, by the  CONFINEMENT  of Greek
                     Cypriots to  private houses in Gypsou and Morphou,
                     where they kept  under similar circumstances as in
                     the detention centres, Turkey has equally violated
                     Art.5(1).
                  3. The Commission,  by ten votes against two with two
                     abstentions, finally concludes that, by the CONFI-
                     NEMENT of Greek Cypriots to the Kyrenia Dome Hotel
                     after 14 August 1974,  Turkey has  again  violated
                     Art.5(1).

                  Prisoners and detainees
                  1. The Commission,by thirteen votes against one, con-
                     cludes that the DETENTION of Greek Cypriot milita-
                     ry personnel IN Turkey was  not in conformity with
                     Art.5(1) of the Convention.
                  2. The Commission,by thirteen votes against one, con-
                     cluded that the DETENTION of Greek Cypriot civili-
                     ans IN Turkey was equally  not  in conformity with
                     Art.5.(1)" (Report, p.164).

                  Evidence on missing persons
                  The evidence before the Commission  does not  allow a
                  definite finding with regard to the fate of Greek Cy-
                  priots declared to be missing.  This is partly due to
                  the fact that the Commission's Delegation was REFUSED
                  ACCESS to the northern/occupied/part of Cyprus and to
                  places in Turkey where  Greek Cypriot  prisoners were
                  or had been detained.
                  In the present Report the Commission is only concern-
                  ed with the fate of persons declared to be missing as
                  from the  beginning  of the military action of Turkey
                  on 20 July 1974.  It is NOT concerned with any person
                  missing  due to the coup d'etat which on 15 July 1974
                  preceded the above action...
                  It appears, however, from the evidence that:
                  --> it is widely accepted that "a considerable number
                      of Cypriots"  are STILL  " MISSING as a result of
                      armed conflict in Cyprus" i.e. between Turkey and
                      Cyprus;
                  --> a number of persons  declared  to be missing have
                      been IDENTIFIED as Greek Cypriots taken  prisoner
                      by the Turkish army.
                  The Commission considers that there is a  presumption
                  of Turkish  responsibility  for the  fate  of persons
                  shown to have been in Turkish custody. However,on the
                  basis  of the material before it,  the Commission has
                  been unable to ascertain whether, and under what cir-
                  cumstances,  Greek Cypriot  prisoners  declared to be
                  missing have been  deprived  of their life"
                                      <Report, paras.347-349, and 351>.

                            * * * * * * * *
                            * MASS  RAPES *
                            * * * * * * * *

Relevant Article of the European Convention an Human Rights:
                " No one shall be subjected to torture or to inhuman or
                  degrading treatment..."                  <Article 3>.

Charge laid against Turkey: Turkish troops were  responsible for whole-
                  sale and repeated rapes of women of  ALL AGES from 12
                  to 71, sometimes to such an  EXTENT that the victims.
                  suffered haemorrages or became mental wrecks. In some
                  areas, ENFORCED PROSTITUTION was practiced, all women
                  and girls of a village  been  collected  and put into
                  separate rooms in empty houses  where they were raped
                  repeatedly.
                  In certain cases  members of the SAME FAMILY were re-
                  peatedly raped,  some of them  in front  of their own
                  children. In other cases women were brutally raped IN
                  PUBLIC.
                  Rapes were on  many occasions accompanied by brutali-
                  ties such as  VIOLENT  biting of the victims  causing
                  severe wounding, banging their heads on the floor and
                  wringing their throats almost to the  POINT OF SUFFO-
                  CATION.  In some cases attempts at rape were followed
                  by the  STABBING  or KILLING of the victims.  Victims
                  included PREGNANT and mentally RETARDED women.

Turkey's defense: No answer was given to these charges and Turkey boyc-
                  otted the Commission's proceedings once her jurisdic-
                  tional objection was rejected.

Commission's verdict: " The evidence shows that rapes were committed by
                 Turkish soldiers and at least in two cases even by Tu-
                 rkish officers, and this NOT ONLY in some isolated ca-
                 ses of indiscipline.  It has  not  been shown that the
                 Turkish authorities to  adequate  measures  to prevent
                 this happening or that they generally took any  disci-
                 plinary  measures following such incidents. The Commi-
                 ssion therefore considers that the  non-prevention  of
                 the said acts is IMPUTABLE to Turkey under the Conven-
                 tion.
                 The Commission,by 12 Votes against one, finds that the
                 incidents of rape described in the above cases and re-
                 garded as established constitute "INHUMAN TREATMENT"in
                 the sense of Art.3 of the Convention, which is imputa-
                 ble to Turkey"                   <Report,paras.373-4>.



                    * * * * * * * * * * * * * * * *
                    * TORTURE & INHUMAN TREATMENT *
                    * * * * * * * * * * * * * * * *

Relevant Article of the European Convention on Human Rights:
               " No one shall be subjected to torture or to inhuman  or
                 degrading treatment..."                   <Article 3>.

Charges laid against Turkey: Hundreds of persons,  including  children,
                 women and elderly people, were the victims of systema-
                 tic torture and  SAVAGE and humiliating treatment dur-
                 ing their detention by the Turkish army. They were be-
                 aten; sometimes to the extent of being incapacitated.
                 Many were subjected to tortures such as whipping, bre-
                 aking of the  teeth, knocking their heads on the wall,
                 beating with electrified clubs, extinction of cigaret-
                 tes on their skin, jumping and stepping on their chest
                 and hands, pouring dirty liquids on them,piercing them
                 with bayonets etc.  Many of these detainees were  ill-
                 treated to such an extent  that they became mental and
                 physical wrecks.
                 Among the persons  so treated  were  those deported to
                 and imprisoned in Turkey (of whom most were civilians)
                 During their  transportation  and  detention they were
                 savagely ill-treated,being wounded,beaten,kicked,whip-
                 ped,blindfolded, handfettered punched to the extent of
                 bleeding, etc.
                 These brutalities reached their climax AFTER the cease
                 fire agreements and resolutions of the  U. N. Security
                 Council calling for an end to hostilities.In fact most
                 of these acts were committed when Turkish armed forces
                 were not engaged in any war activities.
                 More than 1,000 statements obtained from witnesses de-
                 scribed their ill-treatment.  Such statements showed a
                 pattern of  behaviour  by the Turkish forces,  proving
                 that the atrocities were  deliberate tactics which the
                 invading forces were to follow. The aim was to terror-
                 ise, destroy and eradicate the Greek population of the
                 Turkish occupied area  so that it would be  vacant  to
                 move in Turks,  thus creating an area populated virtu-
                 ally only by Turks.

Turkey's defense: No answer was given to these charges  and Turkey boy-
                  cotted the Commission's proceedings once her jurisdi-
                  ctional objection was rejected.

Commission's verdict: " The Commission by twelve votes against one,con-
                  cludes that prisoners were  in a number of cases phy-
                  sically ill-treated by injuries  and at least  in one
                  case the death of the victim.  By their severity they
                  constitute "inhuman treatment" and thus violations of
                  Art.3, for which Turkey is responsible under the Con-
                  vention.
                  The Commission by twelve votes against one, concluded
                  that the  withholding  of an  adequate supply of food
                  and drinking water and of  adequate medical treatment
                  from Greek Cypriot prisoners held at Adana and detai-
                  nees in the northern area of Cyprus,  with the excep-
                  tion of Pavlides Garage & Saray prison, again consti-
                  tutes,  in the cases considered as established and in
                  the conditions described,"inhuman treatment" and thus
                  a violation of Art.3, for which Turkey is responsible
                  under the Convention"           <Report, pp.165-166>.
                                <The Commission did not find sufficient
                                <evidence that prisoners  held in these
                                <two locations in the Turkish sector of
                                <Nicosia were guarded by Turkish soldi-
                                <ers -  as opposed to Turkish-officered
                                <Turkish Cypriot "forces"   <para.308>.
                  " The evidence obtained established that, in a consi-
                  derable number of cases prisoners were severely beat-
                  en or otherwise  physically  ill-treated  by  Turkish
                  soldiers"                          <Report,para.393>.
                  The Commission, by twelve votes against one,concludes
                  that the  written  statements submitted by the appli-
                  cant Government constitute indications of  ill-treat-
                  ment by Turkish soldiers of persons not in detention"
                                                       <Report, p.166>.



                  * * * * * * * * * * * * * * * * * *
                  *    DEPRIVATION OF POSSESSIONS,  *
                  *  LOOTING AND WANTON DESTRUCTION *
                  * * * * * * * * * * * * * * * * * *

"Every natural or legal person is entitled to the peaceful enjoyment of
his possessions. No one shall be deprived of his possessions..."
                                          <Article 1 of Protocol No.1>.

Charge laid against Turkey: Greek Cypriots were  deprived of their pos-
                  sessions either by eviction  or by seizure of movable
                  property and its subsequent removal by Turkish soldi-
                  ers,  or by conditions making abandonment of home and
                  property the only wise course as  life and limb  were
                  at risk from the Turkish army.
                  When privately owned land & houses belonging to Greek
                  Cypriots in the  Turkish  occupied  areas  came under
                  Turkey's control,most of this was distributed to Tur-
                  kish Cypriots and to  Turks  brought  from  Turkey to
                  settle in those areas. To preclude any Greek Cypriots
                  from reclaiming their possessions,Turkish authorities
                  forcibly prevented their return  and continued to ex-
                  pel most remaining Greek Cypriots.
                  In various official statements the Turkish Government
                  made it clear that Turkey was organizing marketing of
                  all agricultural production in the occupied area. The
                  same  applied  to tourism  and Turkey  took over  all
                  Greek Cypriot manufacturing industry.  Goods  already
                  manufactured & agricultural produce ready for market-
                  ing were shipped abroad in Turkish vessels.
                  In addition,  the Turkish Army  systematically looted
                  houses and business premises belonging to Greek Cypr-
                  iots. Even properties of those Greek Cypriots who had
                  remained in the Turkish occupied army part not escape
                  this fate. Most loot was loaded into Turkish army ve-
                  hicles & buses seized from Greek Cypriots, and a sub-
                  stantial part, including vehicles, animals, household
                  goods,and building equipment, was transported by Tur-
                  kish naval vessels to the mainland.
                  The Turkish Army also engaged in  wanton destruction.
                  Turkish soldiers attempted to burn down all buildings
                  along  "the green line" in Nicosia,  and orchards and
                  crops belonging to  Greek Cypriots  were  set on fire
                  after cessation of hostilities.Witnesses also descri-
                  bed breaking of doors and windows of houses, the sma-
                  shing of furniture icons,  candles  and  other church
                  property and killing of animals.
                  The destruction of Christian & Hellenic monuments was
                  a significant feature of Turkey's occupation. Religi-
                  ous property was a particular target in an attempt to
                  destroy the cultural identity of the occupied area.
                  Not only were religious items & church equipment sma-
                  shed, set on fire or looted,  but most Greek Orthodox
                  churches not converted into mosques were vandalized.
                  Mosaics and even frescos were either defaced or remo-
                  ved. This occurred in military zones under control of
                  the Turkish Army and from which Turkish Cypriots were
                  excluded.
                  Even  archaeological museums and sites did not escape
                  vandalisation and initial looting.

Turkey's defense: No answer was given to these charges  and Turkey boy-
                  cotted the Commission's proceedings once her jurisdi-
                  ctional objection was rejected.

Commission's verdict: The Commission  accepted  that the  170,000 Greek
                  Cypriots  displaced  from the  occupied area had left
                  behind their movable & immovable possessions and ref-
                  erred to  " the established fact that these displaced
                  persons are  allowed  to return to their homes in the
                  north, and thus to property left there"
                                                     <Report para.471>.
                  The Commission went on to find  " proof of taking and
                  occupation of houses and land by Turkish Cypriots and
                  Turks from the mainland,  both military personnel and
                  civilians" <Report para. 472>.
                  Moreover the Commission accepted " testimony as prov-
                  ing beyond reasonable doubt that  looting and robbery
                  on an extensive scale by  Turkish troops  and Turkish
                  Cypriots have taken place...
                  As regards such  deprivations of possessions by Turk-
                  ish Cypriots, the Commission considers that,  insofar
                  as the persons committing them were acting  under the
                  direct  order  or  authority of the Turkish forces of
                  which there is evidence, the deprivation must equally
                  be imputed to Turkey under the Convention...
                  The Commission, by 12 votes against one, finds it es-
                  tablished that there has been  deprivation of posses-
                  sions of Greek Cypriots on a large scale,   the exact
                  extent of which could not be determined.  This depri-
                  vation must be imputed to Turkey under the Convention
                  and it has not been shown that  any of these interfe-
                  rences were necessary for any of the purposes mentio-
                  ned in Article 1 of Protocol No.1" <Report,paras 472-
                                                       486 passim>.


                          * * * * * * * * * *
                          *  DISCRlMlNATlON *
                          * * * * * * * * * *

Relevant Article of the European Convention on Human Rights:
       "The enjoyment of the rights and freedoms set forth in this Con-
        vention shall be secured  without  discrimination on any ground
        such... as race,... language, religion, political or other opi-
        nion,  national  or social origin,  association with a national
        minority... or other status"                       <Article 14>

Charge laid against Turkey:  The acts of the Turkish Army were exclusi-
        vely directed against the Greek Cypriot community  with the ob-
       ject of destroying and, eradicating  the Greek population of the
       Turkish occupied area so as to move therein Turks, thereby arti-
       ficially creating a Turkish populated area. All Turkey's atroci-
       ties were directed against Greek Cypriots  (though some foreign
       subjects who happened to be or have property  in the Turkish oc-
       cupied area were also affected by some such acts  e.g.  looting
       and wanton destruction of property).

Turkish defense:  No ansuer was given to these charges and Turkey boy-
       cotted the Commissions proceedings  once her jurisdictional ob-
       jection had been rejected.

Commission's Verdict:
     " The Commission has found  violations of a number of Articles of
       the Convention. It notes that the acts violating the Convention
       were exclusively directed against members of one of the two com-
       munities in Cyprus, namely the Greek Cypriot community.
       The Commission concludes by  eleven  votes to  three that Turkey
       has thus  failed  to secure the rights and freedoms set forth in
       these Articles without  discrimination  on the grounds of ethnic
       origin, race and religion as required by Art.14 of the Conventi-
       on  <Report, para. 503.>.



                             * * * * * * *
                             * NO REMEDY *
                             * * * * * * *

Relevant Article of the European Convention on Human Rights.
      " Everyone  whose rights and freedoms as set forth in this Con-
        vention are violated shall have an effective remedy..."
                                                         <Article 13>

Charge laid against Turkey:  None of the  victims  of the ruthless and
       evil deeds by Turkish State organs and her Armed Forces was ever
       given any opportunity to vindicate his rights before an authori-
       ty or tribunal as provided by Articles 6 and 13 of the Conventi-
       on.Persons under Turkish control were not even permitted to talk
       without Turkish supervision to the International Red Cross.
       In short, no effective remedy of any kind was afforded either in
       the Turkish occupied area or in Turkey itself in respect of Tur-
       kish atrocities.

Turkish defense: In its jurisdictional objection,Turkey argued that re-
       medies were availale  before  the competent judicial authorities
       in Turkey or before the military courts of the Turkish forces in
       Cyprus.

Commission's findings: The Commission held that such remedies  had  not
       been shown to be "practicable and normally functioning". Nor had
       it been established that such complaints  could  be  effectively
       handled        . <Admissibility Report, at p. 22 of the Report>.

       The Commission at the hearing on the merits  reiterated  that it
       had found no evidence that effective and suficient remedies were
       available <Report,paras.499-501>.
Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU