Cyprus v. Turkey
Encyclopedia
Cyprus v. Turkey (No. 25781/94) is a case raised by Cyprus against Turkey in 1994 and decided on merits by the Grand Chamber of the European Court of Human Rights
in 2001. It concerns the situation existing in northern Cyprus after 1974 partition of the island.
On the merits, the Court held with differing divisions of votes (in most cases either unanimously or by 16 votes to 1):
Deciding on possible awarding compensation was postponed and is pending, as of 2011.
(France), Jungwiert
(Czech Republic), Pantiru (Moldova), Levits (Latvia), Kovler
(Russia), Fuad (Turkey) and Marcus-Helmons (Cyprus) expressed partly dissenting opinions.
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
in 2001. It concerns the situation existing in northern Cyprus after 1974 partition of the island.
Judgment
On the accountability, the Court held, by sixteen votes to one, referring to its Loizidou v. Turkey judgment, that the facts complained of fell within the jurisdiction of Turkey and therefore entailed Turkey's responsibilityOn the merits, the Court held with differing divisions of votes (in most cases either unanimously or by 16 votes to 1):
- that there had been 14 violations of the European Convention on Human RightsEuropean Convention on Human RightsThe Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
by Turkey:- Violations of Articles 2, 3 and 5 concerning Greek-Cypriot missing persons and their relatives;
- Violations of Articles 8, 13 and P1-1 concerning home and property of displaced Greek-Cypriots;
- Violations of Articles 3, 8, 9, 10, 13, P1-1 and P1-2 concerning living conditions of Greek Cypriots in Karpas regionKarpass PeninsulaThe Karpass Peninsula , also known as Karpasia or Kırpaşa is a long, finger-like peninsula that is one of the most prominent geographical features of the island of Cyprus. Its farthest extent is Cape Apostolos Andreas, and its major population centre is the town of Rizokarpaso...
of northern Cyprus; - Violation of Article 6, concerning rights of Turkish Cypriots living in northern Cyprus;
- that there had been no violation concerning part of complaints, including all those raised under Articles 4, 11 and 14, and
- that it was not necessary to consider some complaints, including those under Article P1-3.
Deciding on possible awarding compensation was postponed and is pending, as of 2011.
Separate opinions
Judges Palm (Sweden), CostaJean-Paul Costa
Jean-Paul Costa is a French jurist and has been President of the European Court of Human Rights since 19 January 2007. He was first appointed a judge of the Court on 1 November 1998, and in 2009 was elected to serve an additional three years as President...
(France), Jungwiert
Karel Jungwiert
Karel Jungwiert is a Czech lawyer, and has been the Judge of the European Court of Human Rights in respect of the Czech Republic since the country's accession to the Council of Europe in 1993. His term at the Court will end on 31 October 2012.-Early life:Jungwiert was born in Vlkovce, a village in...
(Czech Republic), Pantiru (Moldova), Levits (Latvia), Kovler
Anatoly Kovler
Anatoly Kovler is a Tajikistani-born Russian lawyer, former Professor at the Academic Law University of the Russian Academy of Sciences and currently the Judge of the European Court of Human Rights in respect of Russia. His term will expire on 31 October 2012.-Early life:Kovler was born on 26...
(Russia), Fuad (Turkey) and Marcus-Helmons (Cyprus) expressed partly dissenting opinions.