Human rights in Northern Cyprus - AbsoluteAstronomy.com

This article is about human rights in Northern Cyprus and references are in chronological order (earliest events listed first).
For human rights in the Republic of Cyprus, see Human rights in Cyprus
Human rights in Cyprus
Human rights in Cyprus are protected by the constitution of the Republic of Cyprus.In 2010, the US Department of State reported that:"Problems were reported in some areas. There were reports of police abuse and degrading treatment of persons in custody and asylum seekers. Violence against women,...

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Human rights in Northern Cyprus are protected by the constitution

Constitution of Northern Cyprus

The Constitution of the Northern Cyprus was prepared by the Constituent Assembly of Northern Cyprus after the declaration of independence on 15 November 1983, and was approved by the Turkish Cypriot electorate on 5 May 1985 with a majority of 70.16 percent...

of Northern Cyprus. However, there have been reports of violations of the human rights of minorities, democratic freedom, freedom from discrimination, freedom from torture, freedom of movement, freedom of religion, freedom of speech, right to education, right to life, right to property, and the rights of displaced persons.

On 5 May 1994, the United Nations, International Convention on the Elimination of all Forms of Racial Segregation (CERD), in its consideration of reports submitted by states parties under Article 9 of the convention reported:

"Since the 1974 Turkish invasion and occupation of about 37 per cent of the territory of the Republic of Cyprus, Turkey has been engaged in practices of ethnic cleansing, racial separation and racial discrimination contrary to the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination as well as to all international instruments in the field of human rights and fundamental freedoms."

According to a United States Department of State

United States Department of State

The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...

Country Report of 2001, human rights were generally respected, although problems existed in terms of police activities, and the restriction of movement. In January 2011, The Report of the Office of the United Nations High Commissioner for Human Rights on the question of Human Rights in Cyprus noted that the ongoing division of Cyprus continues to affect human rights throughout the island "... including freedom of movement, human rights pertaining to the question of missing persons, discrimination, the right to life, freedom of religion, and economic, social and cultural rights."

Democratic freedom

Freedom House

Freedom House is an international non-governmental organization based in Washington, D.C. that conducts research and advocacy on democracy, political freedom and human rights...

has classified the perceived level of democratic and political freedom in Northern Cyprus as "free" since 2000 in its Freedom in the World report.

In January 2009, the Turkish Cypriot Human Rights Foundation reported that: "Greek Cypriots and Maronite residents [of Northern Cyprus] are prohibited from participating in Turkish Cypriot "national" elections." The US Department of State also recorded that "Greek Cypriots and Maronite residents were prohibited from participating in Turkish Cypriot "national" elections; they were eligible to vote in Greek Cypriot elections but had to travel to the government-controlled area to exercise that right." It also reported that the elections in Northern Cyprus in 2009 and 2010 were free and fair and that "authorities did not restrict the political opposition, and membership or nonmembership in the dominant party did not confer formal advantages or disadvantages".

Freedom from discrimination

On 5 May 1994, the United Nations, International Convention on the Elimination of all Forms of Racial Segregation (CERD), in its consideration of reports submitted by states parties under Article 9 of the convention, and quoting the European Commission of Human Rights, made it very clear that the Republic of Turkey enforces a policy of segregation in Northern Cyprus violating the human rights of Greek Cypriots and Turkish Cypriots:

"Moreover, Turkey has been systematically enforcing in the occupied part of Cyprus a policy of racial segregation, thus flagrantly violating relevant international law relating to human rights. The victims of such violations are both Greek Cypriots and Turkish Cypriots ... the European Commission of Human Rights found that "violations of a number of Articles of the European Convention on Human Rights were exclusively directed against members of the two communities in Cyprus, namely the Greek Cypriot community and the Turkish Cypriot community" and it concluded 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 ..."

Freedom from torture

In January 2009, the Turkish Cypriot Human Rights Foundation (TCHRF), acknowledged that: "Torture and inhuman treatment cases by the police are frequently reported and lawyers and the TCHRF are pressing authorities to truly investigate them."

Freedom of movement

"Restrictions of movement. The Greek Cypriots enclaved are restricted to their villages and immediate surroundings. For any movement outside their villages they have to submit an "application" and seek special permission from the occupation regime. Inhuman restrictions also continue to be imposed concerning temporary visits of the enclaved to the Government-controlled areas."

Furthermore, CERD acknowledged that there were restrictions in UNFICYP movements and that the United Nations peace-keeping Force in Cyprus was fully entitled to "free access to Greek Cypriot villages and habitations" under the Vienna III Agreement.

"The Secretary-General, in his report to the Security Council dated 30 November 1991 (S/24050), stated: "... on a number of occasions UNFICYP was impeded ... while conducting humanitarian tasks in support of Greek Cypriots in the north. Access to the Greek Cypriots living in the Karpas peninsula by UNFICYP humanitarian staff and civilian police was on several occasions denied ... uninterrupted freedom of movement in carrying out its established and important humanitarian duties and responsibilities" ..."

Freedom of religion

The constitution of Northern Cyprus

Constitution of Northern Cyprus

protects the freedom of religion, and it states that Northern Cyprus is a secular

Secularism

Secularism is the principle of separation between government institutions and the persons mandated to represent the State from religious institutions and religious dignitaries...

state. The US Department of State report in 2002 stated that religious freedom was protected by law in Northern Cyprus and the government generally respected the freedom of religion. The freedom of religion report in 2007 by US Department of State also stated that "Turkish Cypriot authorities generally respected this right in practice" and the practice of religion was generally free. In 2009, Minority Rights Group International also reported that Turkish Cypriot authorities respected religious freedom in general.

On 27 January 2011, the Parliamentary Assembly of the Council of Europe

Council of Europe

The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...

, in written declaration no. 467, condemned the: "Interruption of the Christmas mass in the northern occupied part of Cyprus by Turkish troops and restrictions to the right to freedom of religion and worship." Where it was noted that Turkish troops forced the priest conducting the service at Agios Synesios, in Rizokarpaso, to remove his vestments and ordered everybody to leave the church thus violating the European Convention on Human Rights

European Convention on Human Rights

The 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...

Freedom of speech and of the press

On 6 July 1996, the Committee to Protect Journalists reported that, Kutlu Adali

Kutlu Adali

Kutlu Adali , b. 1935, Nicosia, assassinated July 6, 1996, Turkish Cypriot journalist, poet and socio-political researcher, peace advocate.-Biography:His family emigrated to Antalya, Turkey when he was three years old...

, a journalist of the newspaper Yeni Duzen, was fatally shot outside his home. He had criticised the government's immigration policies. Adali's wife went to court at the European Court of Human Rights as a result of the failure of the Northern Cyprus authorities to investigate her husband's murder adequately.

The US Department of State report in 2002 stated that freedom of speech and press was generally respected in Northern Cyprus and there were opposition newspapers which often criticized the government.

World Press Freedom Index 2010 ranked Cyprus and Northern Cyprus 45 and 61 respectively. Also, in 2010, the US Department of State reported that the freedom of press was again generally respected, there were no restrictions on the internet, and the independent media were active and expressed a wide variety of views without restriction.

In April 2011, the International News Safety Institute reported that, Mutlu Esendemir, the news editor for the Turkish-Cypriot television channel Kanal T, and a reporter for the Turkish-language newspaper Kıbrıs
Kıbrıs (newspaper)
Kıbrıs is a daily newspaper published in Northern Cyprus. It has been published since 1989. Its editor in chief is Reşat Akar and its owner is Asil Nadir. It has by far the highest circulation in the country....

, were both injured in a car bomb. Esendemir was convinced that the attack was related to articles concerning town planning issues in Kyrenia

Kyrenia

Kyrenia is a town on the northern coast of Cyprus, noted for its historic harbour and castle. Internationally recognised as part of the Republic of Cyprus, Kyrenia has been under Turkish control since the Turkish invasion of Cyprus in 1974...

. Kemal Darbaz, the president of Basin Sen, the journalist association, noted that attacks against journalists had become more common.

Right to education

In March 1994, the British Parliament announced "Early day motion 734" concerning Eleni Foka

Eleni Foka

Eleni Foka is a Greek Cypriot primary school teacher who was victimized by officials of the government of Northern Cyprus. She was a teacher at the Greek-Cypriot elementary school in Ayia Triada, Yialousa, in the Karpas region of Northern Cyprus...

, an elementary school teacher, from enclaved Rizokarpaso:

"That this House urges Her Majesty's Government, as a guarantor power in Cyprus, to take steps in order to ensure the safety of Eleni Foka, one of only three elementary school teachers of the enclaved Greek Cypriot children of Karpasia, following the recent remarks by the leader of the illegally occupied surrounding territory, ... condemns ... any other action which may be intended to drive the people of the enclave from their homes in breach of the 3rd Vienna Agreement which provides for the people of Karpasia the basic human right of safety in their own village."

In 1999, the only Maronite Cypriot primary school in Northern Cyprus, located in Kormakitis, had to close down, due to the lack of pupils.

In May 2001, the European Court of Human Rights (ECHR) pointed out that Turkey had ignored its earlier rulings concerning the right to education. The ECHR also highlighted, amongst other violations, the following two that were directly relevant to the right to education, where the second summarily describes what Rizokarpaso primary school teachers (and their families) were subjected to:

"... violation of Article 2 of Protocol No. 1 (right to education) in respect of Greek Cypriots living in northern Cyprus in so far as no appropriate secondary-school facilities were available to them; ... violation of Article 3 in that the Greek Cypriots living in the Karpas area of northern Cyprus had been subjected to discrimination amounting to degrading treatment;"

Moreover, the ECHR noted the censorship of school books and the denial of secondary school education to the enclaved. The ECHR called on the Turkish authorities to stop censoring Greek language textbooks and informed them that the closure of Greek-language schools was a denial of the right to education.

In 2003, the Ministry of Education and Culture of the Republic of Cyprus noted in its report that the primary school at Rizokarpasso was the only Greek Cypriot primary school in Northern Cyprus and that it had three teachers and twenty-five students. On 1 September 2003, at the European Parliament, in Strasbourg, during "One minute speeches on matters of political importance", two European MEPs raised their concern about the expulsion, by local authorities, of two Rizokarpaso Primary School

Rizokarpaso Primary School

Rizokarpaso Primary School is a Greek-Cypriot primary school in Rizokarpaso, in Northern Cyprus. For a number of years it was the only Greek language school in Northern Cyprus. It is notable in that it has regularly appeared in the media when primary school teachers are prevented from teaching...

teachers (Alexia and Grigoris Koukotsikas) together with their children.

The restrictions of the enclaved were highlighted in an earlier report, by the United Nations, called "Continuing concern for the enclaved Greek Cypriots in the occupied areas":

"... the U.N. Secretary-General in his report on December 1995 stated that Greek Cypriots and Maronites in the occupied area were "the object of very severe restrictions which curtailed the exercise of many basic freedoms and had the effect of ensuring that, inexorably with the passage of time these communities would cease to exist in the northern part of the island."

During the 2004/5 school year, a gymnasium

Gymnasium (school)

A gymnasium is a type of school providing secondary education in some parts of Europe, comparable to English grammar schools or sixth form colleges and U.S. college preparatory high schools. The word γυμνάσιον was used in Ancient Greece, meaning a locality for both physical and intellectual...

, adding to the only Greek Cypriot primary school in Northern Cyprus, was opened for the Greek Cypriot community in Rizokarpaso

Rizokarpaso

Rizokarpaso is a town on the Karpass Peninsula in the Famagusta District, northeastern Cyprus. It has been under Turkish control since the 1974 invasion....

, this was the first Greek Cypriot community secondary school available to the community since the Turkish invasion of Cyprus in 1974.

In 2008, the Cypriot Financial Mirror newspaper has recorded that, the government of Northern Cyprus had prevented schoolteachers from returning to the primary school in Rizokarpaso.

In 2010, US Department of State reported that "there were no recorded cases of official or societal discrimination based on [...] access to education".

Right to life

On 14 August 1996, during a protest at the United Nations Buffer Zone

United Nations Buffer Zone in Cyprus

The United Nations Buffer Zone in Cyprus runs for more than along what is known as the Green Line and has an area of . The zone partitions the island of Cyprus into a southern area effectively controlled by the government of the Republic of Cyprus , and the northern area...

, Solomos Solomou

Solomos Solomou

Solomos Solomou , was a Greek Cypriot refugee who was killed after being shot five times by Turkish forces while trying to climb a flagpole in order to remove a Turkish flag from its mast in the United Nations Buffer Zone near Deryneia, Cyprus...

, a Greek Cypriot

Greek Cypriots

Greek Cypriots are the ethnic Greek population of Cyprus, forming the island's largest ethnolinguistic community at 77% of the population. Greek Cypriots are mostly members of the Church of Cyprus, an autocephalous Greek Orthodox Church within the wider communion of Orthodox Christianity...

refugee, was shot and killed while climbing a flagpole in order to remove a Turkish flag. The incident occurred only a few days after the funeral of his cousin Tassos Isaac, who was murdered a few days earlier, by Turkish nationalists

Turkish nationalism

Turkish nationalism is a political ideology that promotes and glorifies the Turkish people, as either a national, ethnic or linguistic group and puts the interests of the state over other influences, including religious ones.-Pan-Turkism:...

belonging to the militant Grey Wolves

Grey Wolves

The Idealist Youth , commonly known as Grey Wolves , is an ultra-nationalist neo-fascist youth organization. It is accused of terrorism. According to Turkish authorities, the organization carried out 694 murders between 1974–1980.-Name:...

organization, during an earlier protest.

On 22 November 2005, concerning the chamber judgment of Kakoulli v. Turkey at the European Court of Human Rights:

"The Court held, unanimously, that there had been:
· a violation of Article 2 (right to life) of the European Convention on Human Rights concerning the killing of the applicants’ relative by a Turkish soldier in the buffer zone between northern and southern Cyprus;
· a violation of Article 2 concerning the inadequate investigation into his death ..."

Furthermore, in January 2011, The Report of the Office of the United Nations High Commissioner for Human Rights on the question of Human Rights in Cyprus noted that:

"The case of Andreou v. Turkey (45653/99) concerns an unjustified killing in the area of the UN buffer zone and Panayi v. Turkey (45388/99) in the area of entry in the UN buffer zone."

Right to property

"Seizure, appropriation, exploitation and distribution of land, houses, enterprises and industries belonging to Greek Cypriots. The Greek Cypriots who were forcibly expelled from their homes continue to be arbitrarily deprived of their properties in the occupied areas. Such properties continue to be illegally distributed by the Turkish occupation forces to persons other than their legal owners, including to Turkish mainland settlers."

The Class Action lawsuit, Greek Cypriots, et al. v. TRNC and HSBC Bank USA

Greek Cypriots, et al. v. TRNC and HSBC Bank USA

Greek Cypriots, et al. v. TRNC and HSBC Bank USA is a pending class action suit by Greek Cypriots and others against the TRNC Representative Offices in the United States and HSBC Bank USA. The TRNC Representative Offices are a commercial entity because the United States does not formally recognise...

, initiated by Greek Cypriot refugees from the Turkish invasion of Cyprus in 1974, has been joined by Sandra Kocinski, Pat Clarke and Suz Latchford who paid for but have never been given legal title to the villas that they purchased in the northern part of the island.

The Immoveable Property Commission of Northern Cyprus offers to buy outright the properties of displaced persons in case of an application to the commission but does not allow the return of displaced persons to their properties or land.

Rights of displaced persons

"Turkey continues to prevent about 200,000 Greek Cypriots who were forcibly expelled in 1974 from the occupied area and afterwards from returning to their homes. Turkey also forced almost another 20,000 people who had remained in the occupied area after the end of the Turkish military operation of August 1974 to leave their homes and to take refuge in the Government-controlled area."

The European Court of Human Rights ruled in the case of Loizidou v. Turkey concerning the right of Greek Cypriot Titina Loizidou

Titina Loizidou

Titina Loizidou is a Greek Cypriot refugee from the village of Kyrenia on the mediterranean island of Cyprus who went to the European Court of Human Rights Titina Loizidou is a Greek Cypriot refugee from the village of Kyrenia on the mediterranean island of Cyprus who went to the European Court...

to return to her home, since the Turkish invasion of Cyprus, and also highlighted the failure of the Republic of Turkey to compensate Loizidou after the ruling at a later Human Rights meeting of the Council of Europe: "... that the Turkish authorities had continuously prevented her from having access to and enjoying certain property she owned in northern Cyprus."

In May 2001, the European Court of Human Rights (ECHR) ruled:

"... that Turkey was responsible for violations of human rights in Cyprus stemming from the 1974 Turkish military intervention. The result of a complaint by the Government of Cyprus, the decision rejected the Turkish argument that the "TRNC" is an independent state and instead ruled that it is "a subordinate local administration of Turkey operating in northern Cyprus"."

Rights of LGBT

Sexual intercourse between consenting adult females is legal in Northern Cyprus, while sexual intercourse between consenting adult males remains illegal. Male homosexuality is still criminalised in Northern Cyprus, while anti-homosexuality legislation formerly in effect in the Republic of Cyprus was repealed following a 1993 ruling by the European Court of Human Rights (Modinos v. Cyprus
Modinos v. Cyprus
Modinos v. Cyprus is a judgment of the European Court of Human Rights concerning Article 8 of the European Convention on Human Rights- Case :...

).

In January 2009, the Turkish Cypriot Human Rights Foundation, reported that Northern Cyprus was the only territory in Europe where homosexuals are criminalised.

Rights of minorities

In 2001, the US Department of State said that Greek Cypriot and Maronite minorities are not treated as well as they should be. However, another US Department of State report in 2002 reported that the government of Northern Cyprus was easing restrictions on minorities and it respected the rights of travelling abroad and emigrating. In April 1998, the United Kingdom-based National Coalition of Anti-Deportation Campaigns asserted that the Turkish army had carried out a forced migration policy where Kurds were forced to colonise Northern Cyprus from the Republic of Turkey, and The Immigration and Nationality Directorate of the United Kingdom in 1999 said that Kurds were not being discriminated against and enjoyed equal political and religious rights to others.

In 2008, a synagogue was opened in Kyrenia for the small Jewish community in Northern Cyprus which mostly comprises non-resident businesspersons. There have been no reported Anti-Semitic

Anti-Semitism

Antisemitism is suspicion of, hatred toward, or discrimination against Jews for reasons connected to their Jewish heritage. According to a 2005 U.S...

attacks.

Rights of women

The law of Northern Cyprus prohibits domestic violence under a general assault/violence/battery clause in the criminal code, although a separate domestic violence

Domestic violence

Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...

legislation has not yet been passed in Northern Cyprus. In January 2009, the Turkish Cypriot Human Rights Foundation, noted that women

Women in Northern Cyprus

The women in Northern Cyprus are inhabitants of the internationally-unrecognised Turkish Republic of Northern Cyprus, where they have been contributors to the fields of science, law and justice.-Politics :...

do not have equal rights as men, nor do they live in similar conditions as men and notably when married. Women are prevented from enjoying their rights by the patriarchal society. A US Department of State report in 2010 indicated that although authorities handled and prosecuted rape cases effectively, violence against women was an issue and there were no NGOs to support victims of rape.

The Enclaved

"As a result of the Turkish invasion and occupation, approximately 20,000 Greek Cypriots remained in their villages in the occupied area in the wake of the invasion ... Out of these 20,000 only a few hundred now remain ... This is the result of a persistent policy of harassment, racial discrimination, intimidation and coercion carried out by the Turkish occupation army in order to force the enclaved Greek Cypriots to move to the part under Government control."

The CERD also highlighted human rights violations concerning discrimination of the enclaved, their freedom of movement, and their right to education:

"The enclaved live under highly restrictive conditions and continue to suffer flagrant violations of their basic human rights and freedoms, contrary to international humanitarian law ... the Turkish occupation regime continues to apply a racist and inhuman policy against the Greek Cypriot enclaved, including: Denial of access to medical doctors and educational facilities. No Greek Cypriot doctors were allowed to be settled in the area or visit the enclaved on a regular basis."

Furthermore, the CERD noted that the enclaved were subjected to forced labor by the local authorities since "All enclaved male Greek Cypriots between the ages of 18 and 50 are forced to report to the illegal "police station" in Rizokarpaso every Friday at 3 p.m. There they have to wait for 45–60 minutes. During this time they are forced to clean the "station", the yard and the adjacent streets."

The Missing

On 8 April 2008, an International Committee on Missing Persons press release recorded that, since Cyprus intercommunal violence began in the 1950s, 502 Turkish Cypriots and 1468 Greek Cypriots were reported as missing through official channels. 252 burial sites and 510 individuals had been exhumed. 136 persons have been identified and their remains returned to their families.

Other issues

The constant focus on the division of the island sometimes masks other human rights issues. Prostitution is rife, and the island has been criticized for its role in the sex trade as one of the main routes of human trafficking

Human trafficking

Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...

from Eastern Europe.

In January 2009, the Turkish Cypriot Human Rights Foundation noted concerns about human trafficking:

"Trafficking in persons is a major visible area of human rights violations in North Cyprus which is a destination country for trafficked women from countries such as Ukraine, Moldova and Russia. Human trafficking appears to be on the rise in North Cyprus as it is worldwide."

External links

Turkish Cypriot Human Rights Foundation

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