u Cyprus v. Turkey, Application No. 25781/94 European Court of Human Rights, 10 May 2001 This is the most far reaching decision on the applications filed by the Government of the Republic of Cyprus against Turkey. The decision affirmed the earlier interstate applications by Cyprus under former article 31 of the Convention (10 July 1976 and 4 October 1983). The earlier cases had documented various violations of the Convention by Turkey since the 1974 invasion. By majority votes this decision determined: – That Turkey was in continuing violation of articles 2, 3, and 5 of the Convention by its failure to conduct effective investigations into the whereabouts and the fate of Greek Cypriot missing persons. – That by its refusal to allow any Greek Cypriot displaced persons to return to their homes, Turkey was in continuing violation of article 8 of the Convention. Similar continuing violations were found on article 1, Protocol 1 (denial of access, control, use, enjoyment of property rights); and article 13 (absence of effective remedies for the property rights of displaced Greek Cypriots). – Turkey violated the rights of Greek Cypriots living in “northern” Cyprus; this includes violations of article 9 (respectful treatment); article 10 (censorship of school books); article 1, Protocol 1 (right to peaceful enjoyment of possessions); article 2 (no appropriate secondary school facilities); article 3 (discrimination amounting to degrading treatment); article 13 (absence of remedies). – Violation of Turkish Cypriot rights in the occupied areas under article 6 (trial of civilians by military courts). In addressing the case, the Court also affirmed the Loizidou v. Turkey case (1996 and 1998); the illegality of the proclamation of the so-called“TRNC”in 1983 and its“constitution”(1985); and the earlier decisions on the interstate applications filed by the Republic of Cyprus (6780/74, 6950/75 and 8007/77). The Court held Turkey responsible for all these violations as it had “effective overall control of northern Cyprus.” The Court also affirmed that the Government of the Republic of Cyprus was the sole legitimate government on the island. u The case of Varnava and Others v. Turkey, European Court of Human Rights,10 January 2008 On 10 January 2008, the European Court of Human Rights (ECHR) delivered its judgment in the case of Varnava and Others v. Turkey (Applications nos. 16064/90, 16065/90, 16066/90, 16068/90, 16069/90, 16070/90, 16071/90, 16072/90 and 16073/90) by which Turkey was The Cyprus Question| A brief Introduction 46
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