In its Judgment on the 4th Interstate Application of Cyprus v. Turkey on May 10th, 2001, the EctHR found a continuing violation of Article 2 on account of the failure of the authorities of the respondent state to conduct an effective investigation aimed at clarifying the whereabouts and fate of Greek Cypriot missing persons who disappeared in life-threatening circumstances, continuing violation of Article 5 (right to liberty and security) and a continuing violation of Article 3 of the Convention (inhuman or degrading treatment) in respect of the relatives of the Greek Cypriot missing persons (on the effect which the lack of information had on the families of missing persons). Turkey needs to intensify its efforts, including by substantially providing the CMP with all necessary assistance so that it can achieve tangible results as quickly as possible; and provide all members of the CMP with all documentary evidence and information from all their relevant archives, including military archives and immediate and unhindered access to all military areas in Cyprus, to take concrete positive measures to protect and safeguard known burial sites and any areas which could contain the remains of missing persons, including relocated remains and civilian areas, as well as to avert any future relocation of remains and disturbance of burial sites, including with the establishment of a mechanism to ensure the protection of all such sites and areas. Information from military archives is vital for CMP to be able to determine burial sites, and in particular mass graves as well as sites were remains were deliberately relocated, especially during the 1990s. Despite repeated calls on Turkey to provide information to CMP in relation to the new locations of relocated remains, Turkey continues to deny the provision of and/or access to any relevant information. Passage of time is a factor that cannot be ignored with regards to the humanitarian issue of missing persons in Cyprus and Turkey’s cooperation is a sine qua non for progress on the matter. Turkey has an obligation to comply with the ECHR Judgment and respect international humanitarian and human rights law. Enclaved Greek Cypriots 20,000 Greek Cypriots and Maronites chose not to leave their homes despite the Turkish occupation. Most of those who remained, mainly on the Karpasia Peninsula, were gradually forced to abandon the area. The number of enclaved Greek Cypriots and Maronites currently living in the area has plummeted to 331 persons. This dramatic decrease in the number of enclaved people is striking considering that based on the agreement reached in Vienna on 2 August 1975, the Turkish side would have to provide the enclaved population with "every help to lead a normal life, including facilities for education and the practice of their religion, as well as medical care by their doctors of preference and freedom of movement in the North". In breach of this agreement, on a practical level, the Turkish side subjected the The Cyprus Question| A brief Introduction 31
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