Cyprus v. Turkey

Field: Social Sciences (Social Sciences)

Human rights — Jurisdiction — State responsibility for securing rights and freedoms — Whether limited to the territory of a State — State exercising effective control of territory outside its borders as a result of military action — Whether violations of human rights in that territory imputable to the State — Whether State responsible for acts of local administration — Cyprus — Whether northern Cyprus within the jurisdiction of Turkey for purposes of Article 1, European Convention on Human Rights, 1950 — Whether Turkey responsible for acts of “Turkish Republic of Northern Cyprus” Human rights — Remedies — Courts of “Turkish Republic of Northern Cyprus” — Whether to be treated as courts for purposes of European Convention on Human Rights — Relevance of illegality of establishment of “Turkish Republic of Northern Cyprus” — Namibia doctrine — Whether courts of northern Cyprus affording remedies — Duty to exhaust domestic remedies — Whether courts of northern Cyprus independent and impartial tribunals — European Convention on Human Rights, 1950, Articles 6, 13 and 35 11 Human rights — Right to life — Whether State can violate right to life by failing to provide access to medical care — Degrading treatment — Systematic discrimination — Greek Cypriots living in enclave in northern Cyprus — European Convention on Human Rights, 1950, Articles 2, 3 and 5 Human rights — Right to property — Right to respect for home and family life — Greek Cypriots displaced from northern Cyprus by 1974 fighting — Whether violations of rights to property and home — Greek Cypriots enclaved in northern Cyprus — Restrictions on succession — European Convention on Human Rights, 1950, Article 8, Protocol 1, Article 1 Human rights — Rights to freedom of expression, association and religion — Limits — Whether violated by administration in northern Cyprus — European Convention on Human Rights, 1950, Articles 9, 10 and 11 Human rights — Discrimination — Systematic discrimination — Discrimination as separate basis for violation of Convention — European Convention on Human Rights, 1950, Article 14 Human rights — Claims of violations — European Court of Human Rights — Inter-State applications — Standard and burden of proof- — Proof beyond reasonable doubt — Claims regarding compatibility in abstracto of laws with Convention — Whether admissible International organizations — United Nations — Security Council — Effect of resolutions — Resolutions not adopted under Chapter VII of Charter — Resolutions 541 (1983) and 550 (1994) — Situation in Cyprus — Invalidity of establishment of “Turkish Republic of Northern Cyprus” — Effects — Reports by United Nations on conditions in northern Cyprus — Evidential value International tribunals — Jurisdiction — Procedure — European Court of Human Rights — Limitation on jurisdiction — Claims added after decision on jurisdiction Recognition — States — Effects of non-recognition — “Turkish Republic of Northern Cyprus” — Whether a State — Whether 12 general duty of non-recognition — Whether duty of non-recognition subject to exceptions — Namibia doctrine — Validity of day-to-day acts State responsibility — Imputability — Whether acts of separate entity imputable to the State — Degree of overall control required — “Turkish Republic of Northern Cyprus” — Whether controlled by Turkey — Whether acts imputable to Turkey States — Existence of State — Entity not recognized by international community, with exception of one State — “Turkish Republic of Northern Cyprus” War and armed conflict — Legality of resort to force — Occupation — Turkish intervention in Cyprus in 1974 and subsequent presence in northern Cyprus