THE EUROPEAN COURT OF HUMAN RIGHTS AND THE CYPRUS PROBLEM

Yıl 2001, Cilt: 50 Sayı: 3, 141 - 174, 01.08.2001

Yusuf Aksar

https://doi.org/10.1501/Hukfak_0000000590

Öz

The European Court of Human Rights (ECHR) in its recent decisions
regarding the Cyprus problem such as the Loizidou v. Turkey and Case of
Cyprus v. Turkey finds Turkey responsible for the current situation in the
Island. According to the Court, Turkey violates the rights of the Greek
Cypriots were living in the northern part of Cyprus before the military
intervention of Turkey took place in 1974. Such violations include inhuman
treatment of the families of missing Greek Cypriots, denying some 180.000
Greek Cypriots the right to return to their homes, failure to compensate for
loss of property and interference with freedom of religion. Finding Turkey
responsible instead of the Turkish Republic of Northern Cyprus (TRNC) is
based upon the fact that the TRNC was not an independent State and not
even recognised by the international community. This way of application of
the rules of international law by the ECHR can be strongly criticised on the
ground that it does not give any weight to the causes and effects of the
events which took place in Cyprus in 1963 to 1974, and also to the factors
which lead the Turkish Cypriots to establish their own independent States.
When the recent history of Cyprus is examined it can clearly be seen that the
legal status of the TRNC is not any less legal than its Greek Cypriot
counterpart with regard to its statehood and recognition in international law.
This paper examines the judgements of the ECHR in the light of the
historical background of the Cyprus problem, and of the legal status of the
TRNC in relation to its statehood and its non-recognition in international
law.

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