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Main Page :- Articles :- European Commission of Human Rights - Cyprus v. Turkey - Commission Report, 10 July 1976

 

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Final observations

I.         Art. 1 of the Convention

496.        The Commission notes that, in their present applications, the applicant Government also alleged a violation of Art. 1 of the Convention.

Art. 1 provides:

"The High Contracting Parties shall, secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention."

497.        The Commission has applied Art. 1 in its decision on the admissibility of the applications when determining the scope of its competence ratione loci [693].

498.        The Commission, by twelve votes against one vote and with three abstentions, considers that, in its examination of the merits of this case, no further issue arises under Art. 1 as this provision, not granting any rights in addition to those mentioned in Section I, cannot be the subject of a separate breach. It refers in this respect to its Report in Application No 5310/71 (Ireland v. the United Kingdom) [694].

II.         Art. 13 of the Convention

499.        In its decision on the admissibility of the applications, the Commission did not find that, in the particular situation prevailing in Cyprus since the beginning of the Turkish military action on 20 July 1974, the remedies indicated by the respondent Government could be regarded as effective and sufficient "domestic remedies" within the meaning of Art. 26 of the Convention [695].

500.        In its examination of the merits of this case, the Commission has considered Art. 13 of the Convention, which provides:

"Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."

501.        The Commission, by thirteen votes against one vote and with two abstentions, has found no evidence that such remedies were in fact available.

III.         Art. 14 of the Convention

502.        Art. 14 states:

"The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."

503.        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 communities 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 Convention.

IV.         Arts. 17 and 18 of the Convention

504.        The Commission finally observes that the applicant Government have also invoked Arts. 17 and 18 of the Convention.

Art. 17 provides:

"Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention."

Art. 18 provides:

"The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed."

505.        The Commission, by twelve votes with four abstentions, considers that these provisions do not raise separate issues in the present case.


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Notes:

[693] See Appendix I, paras 7-10 of The Law.

[694] See Part III of that Report.

[695] See Appendix I, para. 15 of The Law.

 


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