Cyprus v. Turkey Decision on the Admissibility of the Application

Abstract

International law in general — Nature and binding force Enforcement — Treaties — Non-recognition by one party to treaty of government of another party — Whether treaty still in force between the two States — Whether unrecognized government possessescapacity to bring claim to enforce treaty — European Convention on Human Rights

States as international persons — In general — Recognition of acts of foreign States and governments — Government lodging application with European Commission of Human Rights — Alleged constitutional defect in Governments decision to lodge application — Whether a bar to admissibility of application — European Convention on Human Rights

State territory — In general — Occupation of foreign territory in time of peace — Occupation of northern Cyprus by Turkish army — Whether Turkey’responsibility engaged by alleged violations of human rights in occupied areas — Whether European Convention on Human Rights applies to activities of State outside its own territory — Status of Turkish Federated State of Cyprus

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — European Convention on Human Rights — Duty of each contracting State to secure rights and freedoms to persons 'within its jurisdiction' — Whether extending to persons in territory occupied by one contracting State but within territory of another contracting State

State responsibility — Nature and kinds of State responsibility For breaches of treaty obligations — European Convention on Human Rights — Alleged violations of human rights by Turkish forces occupying part of Cyprus — Whether engaging international responsibility of Turkey — Acts of Turkish Federated State of Cyprus — Whether attributable to Turkey

State responsibility — Nature and kinds of State responsibility For taking of, or interference with, property — Alleged seizure of property belonging to Greek Cypriots in parts of Cyprus occupied by Turkish forces — Whether engaging international responsibility of Turkey — Whether attributable to Turkish Federated State of Cyprus — Whether violating European Convention on Human Rights

State responsibility — Nature and kinds of State responsibility — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Exhaustion of legal remedies — European Convention on Human Rights — Requirement that domestic remedies be exhausted — Effectiveness of domestic remedies — Alleged violations of human rights by Turkish forces in Turkish occupied Cyprus — Whether alleged victims required to exhaust remedies in Turkey — Remedies provided by Turkish Federated State of Cyprus — Many alleged victims refugees forbidden to enter Turkish occupied area — Whether effective domestic remedies open to them — Whether allegedvictim required to seek redress in local courts when challenging legislation or administrative practice

State responsibility — Claims — In general — Claim that State has violated European Convention on Human Rights — Whether claim can be brought by government not recognized by respondent State

The individual in international law — In general — Position of the individual in international law — Human rights and freedoms European Convention on Human Rights — Nature of obligations under Convention — Whether owed by one contracting State to other contracting States or to individuals — Whether claim for alleged violation maybe brought bygovernmentunrecognized by respondent State — Scope of Convention — Whether applicable to acts of State's armed forces on territory of another State — Domestic remedies rule — Scope and application — Limitation period for bringing of claims — Machinery for enforcement of European Convention

Treaties — In general — Conception and function of treaties — European Convention on Human Rights — Whether conferring rights upon other contracting States or individuals — Enforcement — Collective nature of enforcement

Treaties — Conclusion and operation — Operation and enforcement — Machinery for enforcement of European Convention on Human Rights — Collective enforcement — Relationship between applicant and respondent governments — Whether a bar to admissibility of application that applicant government not recognized by respondent government

Treaties — Conclusion and operation — Effect on third parties — European Convention on Human Rights — Effect on individuals

Treaties — Interpretation — Agencies of interpretation — European Convention on Human Rights — Interpretation by European Com — mission of Human Rights — Purpose of Convention

Disputes — Other international courts — European Commission of Human Rights — Nature of proceedings before Commission — Whether adversarial claim or system of collective enforcement — Whether bar to admissibility of application that applicant government not recognized by respondent government

States as international persons — Recognition of Governments — Significance on international plane — Whether government may bring an international claim against State which does not recognize it — Proceedings before European Commission of Human Rights — Whether adversarial proceedings or system of collective enforcement — Significance of non — recognition by respondent State Factual test of existence of government — Government of Cyprus unrecognized by Turkey — Significance of recognition by Turkey of Turkish Federated State of Cyprus — Status in international law

Treaties — European Convention on Human Rights — Interpretation — Scope — Whether applicable to alleged acts by Turkish forces in parts of Cyprus occupied by Turkey — Whether within Turkish jurisdiction

The individual in international law — Whether European Convention on Human Rights confers rights upon other contracting States or upon individuals — Individual as a subject of international law

State responsibility — Domestic remedies rule — Scope of domestic remedies rule under European Convention on Human Rights Effectiveness of remedies — Whether alleged victims of actions of Turkish forces in Cyprus expected to exhaust remedies in Turkey — Effectiveness of remedies in courts of Turkish Federated State of Cyprus — Refugees forbidden to return to Turkish occupied areas — Whether able to exhaust remedies in those areas — Application of domestic remedies rule in case where alleged violation of human rights results from implementation of legislation or administrative practice — Whether actions of Turkish forces in Cyprus engaging international responsibility of Turkey — Turkish Federated State of Cyprus — Whether actions of Turkish Federated State imputable to Turkey — Whether existence of Turkish Federated State relieving Turkey of liability

European Convention on Human Rights — Nature of Convention — Whether creating mutual obligations between contracting States or obligations towards individuals — Scope of Convention — Whether applicable to alleged violations of human rights by Turkish forces in Cyprus — Extent of obligation of State to guarantee rights and freedoms to persons ‘within its jurisdiction’ — Procedure — Six month limitation period — Application in cases where no domestic remedies exist — Continuing violation of human rights