Turkish Violations of the European Convention on Human Rights
The European Commission of Human Rights' first Report was based on evidence received
up to 18 May 1976. This period covered Turkey's invasions from 20 July 1974 to 16th
August 1974 and her unfolding occupation and conduct in northern Cyprus in the 21
months after all hostilities had ceased.8
Events from 18 May 1976 to 10 February 1983 were brought before the Commission in
Cyprus´ third application. The Commission's findings on these events were included in its
Report adopted on 4 October 1983 and made public by a decision of the Committee of
Ministers on 2 April 1992.
THE COMMISSION'S APPROACH TO ITS TASK
In its first Report, the Commission made it clear that, although evidence had only been
presented by the Government of Cyprus - Turkey having refused to participate once her
objection to the Commission exercising jurisdiction had been overruled -
'the evidence before the Commission and the facts established on the basis of this evidence
cannot be seen as presenting a view of the events and incidents complained of mainly from
the Greek Cypriot side. The Commission observes in this connection that:
- certain events and incidents referred to in the applications are in great part a matter of
public knowledge. In particular, the massive movement of population from the northern to
the southern part of Cyprus after 20 July, 1974 is an indisputable fact which, as such, calls
for no particular investigation;
- the Commission has based its findings in part on reports of other international
organisations, in particular the United Nations;
- the witnesses heard by the Commission's Delegation in Cyprus testified, with little
exception, with a restraint and objectivity that gave credibility to their testimony; some of
them confirmed a number of statements in the Particulars of the Applications about which
they could not have had any direct knowledge;
- in the evaluation of the evidence before it, the Commission has refrained from drawing
any conclusions from the fact that the respondent Government, despite every opportunity
being offered to them, failed to make any statements, or to propose counter-evidence on the
applicant Government's allegations (Report, p. 31).9
It should be added that the distinguished jurists who adjudicated came from Western
European States whose Governments have consistently maintained a pro-Turkish stance on
the Cyprus question and been reluctant to condemn a NATO ally. This renders the
Commission's objective Report even more significant.
I. THE INVASION AND ITS AFTERMATH (20 JULY 1974 TO 18 MAY 1976 - THE PERIOD COVERED BY THE COMMISSION'S FIRST REPORT).
KILLINGS
Relevant Article of the European Convention on Human Rights: 'Everyone's right to life be
protected by law. No one shall be deprived of his life intentionally... (Article 2).
Charge laid against Turkey: The Turkish Army embarked upon a systematic course of mass
murders of civilians unconnected with any war activity, including women and babies in
arms, and of soldiers who had surrendered.
Turkish defence: No answer was given to these charges and Turkey boycotted the
Commission's proceedings once her jurisdictional objection was rejected.
Commission's verdict: By 14 votes to 1 the Commission, after examining a number of
killings at specific places, held that the evidence before it constituted 'strong indications of
killings committed on a substantial scale (para. 346). The Commission concluded:
"In view of the very detailed material before it on other killings alleged by the applicant
Government the Commission, by fourteen votes against one, concludes from the whole
evidence that killings happened on a larger scale than in Elia. There is nothing to show that
any of these deprivations of life were justified..." (Report, p. 165).
Further relevant facts: Greek National Guardsmen and civilians were killed in the field and
in bombing raids on civilian targets, including hospitals. In these raids the Turkish Air
Force used napalm. These killings were not the subject of the application to the European
Commission on Human Rights, being rather breaches of the Geneva Conventions.
DISPLACEMENT OF PERSONS (CREATING REFUGEES).
Relevant Article of the European Convention on Human Rights:
'Everyone has the right to respect for his private and family life/and his home...' (Article
8).
Charge laid against Turkey: The Turkish Army displaced 200,000 Greek Cypriots (more
than one third of the population) from their homes. This was effected partly by physical
expulsion and partly by a systematic campaign of terror, causing Greek Cypriots to flee in
the face of Turkey's advancing armed forces. Refugees and expellees were not permitted
by the Turkish Army to return to their homes in the Turkish occupied area.
Turkish defence: No answer was given to these charges and Turkey boycotted the
Commissions' proceedings once her jurisdictional objection was rejected.
Commission's Verdict:
'Displacement of persons'
- The Commission concludes by thirteen votes against one that, by the
refusal to allow the return of more than 170,000 Greek Cypriot refugees to their homes in
the north of Cyprus, Turkey violated, and was continuing to violate Art. 8 of the
Convention in all these cases.10
- The Commission concludes by twelve votes against one that, by the eviction
of Greek Cypriots from houses, including their own homes, by their transportation to other
places within the north of Cyprus, or by their deportation across the demarcation line,
Turkey has equally violated Art. 8 of the Convention.
- The Commission concludes by thirteen votes against one that by the refusal
to allow the return to their homes in the north of Cyprus/of/several thousand Greek
Cypriots who had been transferred to the south under inter-communal agreements, Turkey
violated, and was continuing to violate Art 8 of the Convention in all these cases.
- The Commission concludes by fourteeen votes against one withone abstention that,
by the separation of Greek Cypriot families brought about by measures of displacement in a
substantial number of cases, Turkey has again violated Art. 8 of the Convention (Report,163).
DEPRIVATION OF LIBERTY
Relevant Article of the European Convention on Human Rights: 'No one shall be deprived
of his liberty... (Article 5).
Charge laid against Turkey: The Turkish armed forces detained thousands of persons
arbitrarily and without lawful authority. On entering any inhabited area they immediately
rounded up all Greek Cypriot inhabitants (many women and children were hiding in their
homes.). On capture men were usually separated and detained apart from old people,
women and children, who were either put in 'concentration camps or expelled. Of the
hundreds kept in such camps small babies to old people of 90 were crowded together under
atrocious conditions without sanitary facilities at the height of summertime, when
temperatures reach over 40®C. The worst such 'concentration camps were Voni,
Marathovouno, Vitsada and Gypsou. In addition, Turkish authorities held some 3,000
inhabitants of the Kyrenia district in the Kyrenia Dome Hotel and in Bellapais village.
Many male Greek Cypriots were temporarily sent as 'prisoners of war to places like Saray
Prison and Pavlides Garage in the Turkish part of Nicosia, later being transported to
Turkey and detained in prisons in Adana, Amasia and Atiama. It is notable that the great
majority of those shipped to Turkey were civilians of all ages between 17 and 70.11
Turkey has never provided complete lists of detainees and the fate of about 3,000 Greek
Cypriots was unknown at the time of the first applications to the Commission. Because
evidence showed that numbers of these missing persons had been in custody in Turkey the
Commission was asked to investigate whether they were still imprisoned there.
Turkish defence: No answer was given to these charges and Turkey boycotted the
Commission's proceedings once her jurisdictional objection was rejected.
Commission's Verdict:
- Detention centres
(a) The Commission, by thirteen votes against one, concludes that, by the
confinement of more than two thousand Greek Cypriots to detention centres established in
schools and churches at Voni, Gypsou and Morphou, Turkey has violated Art. 5(1) of the
Convention.
(b) The Commission by thirteen votes against one, further concludes that, by
the confinement of Greek Cypriots to private houses in Gypsou and Morphou, where they
were kept under similar circumstances as in the detention centres, Turkey has equally
violated Art. 5(1).
(c) The Commission, by ten votes against two with two abstentions, finally
concludes that, by the confinement of Greek Cypriots to the Kyrenia Dome Hotel after 14
August 1974, Turkey has again violated Art. 5(1).
- PRISONERS AND DETAINEES
(a) The Commission, by thirteen votes against one, concludes that the
detention of Greek Cypriot military personnel in Turkey was not in conformity with Art.
5(1) of the Convention.
(b) The Commission, by thirteen votes against one, concludes that the
detention of Greek Cypriot civilians in Turkey was equally not in conformity with Art.
5(1)'' (Report, p. 164).
- EVIDENCE ON MISSING PERSONS
The evidence before the Commission does not allow a definite finding with regard to the
fate of Greek Cypriots declared to be missing. This is partly due to the fact that the
Commission's Delegation was refused access to the northern/ occupied/ part of Cyprus and
to places in Turkey where Greek Cypriot prisoners were or had been detained.
In the present Report the Commission is only concerned with the fate of persons declared
to be missing as from the beginning of the military action of Turkey on 20 July 1974. It is
not concerned with any person missing due to the coup d' etat which on 15 July 1974
preceded the above action...
It appears, however, from the evidence that:
- it is widely accepted that a considerable number of Cypriotss re still 'missing as a result
of armed conflict in Cyprus i.e. between Turkey and Cyprus;
- a number of persons declared to be missing have been identified as Greek Cypriots taken
prisoner by the Turkish army.
The Commission considers that there is a presumption of Turkish responsibility for the
fate of persons shown to have been in Turkish custody. However, on the basis of the
material before it, the Commission has been able to ascertain whether, and under what
circumstances, Greek Cypriot prisoners declared to be missing have been deprived of their
life (Report, paras. 347-349, and 351).
MASS RAPES
Relevant Article of the European Convention on Human Rights: 'No one shall be subjected
to torture or to inhuman or degrading treatment... (Article 3).
Charge laid against Turkey: Turkish troops were responsible for wholesale and repeated
rapes of women of all ages from 12 to 71, sometimes to such an extent that the victims
suffered haemorrages or became mental wrecks. In some areas, enforced prostitution was
practised, all women and girls of a village being collected and put into separate rooms in
empty houses where they were raped repeatedly.
In certain cases members of the same family were repeatedly raped, some of them in front
of their own children. In other cases women were brutally raped in public.
Rapes were on many occasions accompanied by brutalities such as violent biting of the
victims causing severe wounding, banging their heads on the floor and wringing their
throats almost to the point of suffocation. In some cases attempts at rape were followed by
the stabbing or killing of the victims. Victims included pregnant and mentally retarded
women.
Turkey's defence: No answer was given to these charges and Turkey boycotted the
Commission's proceedings once her jurisdictional objection was rejected.
Commission's verdict:
'The evidence shows that rapes were committed by Turkish soldiers and at least in two
cases even by Turkish officers, and this not only in some isolated cases of indiscipline. It
has not been shown that the Turkish authorities took adequate measures to prevent this
happening or that they generally took any disciplinary measures following such incidents.
The Commission therefore considers that the non-prevention of the said acts is imputable
to Turkey under the Convention.
The Commission, by 12 votes against one, finds that the incidents of rape described in the
above cases and regarded as established constitute Ôinhuman treatmentÕ in the sense of Art.
3 of the Convention, which is imputable toTurkey (Report, paras. 373-4).
TORTURE AND INHUMAN TREATMENT
Relevant Article of the European Convention of Human Rights: 'No one shall be
subjected to torture or to inhuman or degrading treatment.... (Article 3).
Charges laid against Turkey: Hundreds of persons, including children, women and elderly
people, were the victims of systematic torture and savage and humiliating treatment during
their detention by the Turkish army. They were beaten, sometimes to the extent of being
incapacitated. Many were subjected to tortures such as whipping, breaking of their teeth,
knocking their heads on the wall, beating with electrified clubs, extinction of cigarettes on
their skin, jumping and stepping on their chests and hands, pouring dirty liquids on them,
piercing them with bayonets etc. Many of these detainees were ill-treated to such an extent
that they became mental and physical wrecks.
Among the persons so treated were those deported to and imprisoned in Turkey (of whom
most were civilians). During their transportation and detention they were savagely illtreated,
being wounded, beaten, kicked, whipped, blindfolded, handfettered, punched to
the extent of bleeding, etc.
These brutalities reached their climax after the ceasefire agreements and resolutions of the
U.N.Security Council calling for an end to hostilities. In fact most of these acts were
committed when Turkish armed forces were not engaged in any war activities.
More than 1,000 statements obtained from witnesses described their ill-treatment. Such
statements showed a pattern of behaviour by the Turkish forces, proving that the atrocities
were deliberate tactics which the invading forces were to follow. The aim was to terrorise,
destroy and eradicate the Greek population of the Turkish occupied area so that it would be
vacant to move in Turks, thus creating an area populated virtually only by Turks.
Turkey's defence: No answer was given to these charges and Turkey boycotted the
Commission's proceedings once her jurisdictional objection was rejected.
Commission's verdict:
'The Commission by twelve votes against one, concludes that prisoners were in a number
of cases physically ill-treated by injuries and at least in one case the death of the victim.
By their severity they constitute "inhuman treatment" and thus violations of Art. 3, for
which Turkey is responsible under the Convention.
The Commission by twelve votes against one, concludes that the withholding of an
adequate supply of food and drinking water and of adequate medical treatment from Greek
Cypriot prisoners held at Adana and detainees in the northern area of Cyprus, with the
exception of Pavlides Garage and Saray prison,12 again constitutes, in the cases
considered as established and in the conditions described, Ôinhuman treatment and thus a
violation of Art. 3, for which Turkey is responsible under the Convention (Report, pp.
165-6).
'The evidence obtained established that, in a considerable number of cases prisoners were
severely beaten or otherwise physically ill-treated by Turkish soldiers (Report, para. 393).
The Commission, by twelve votes against one, concludes that the written statements
submitted by the applicant Government constitute indications of ill-treatment by Turkish
soldiers of persons not in detention (Report, p. 166).
DEPRIVATION OF POSSESSIONS, LOOTING AND WANTON DESTRUCTION:
'Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No
one shall be deprived of his possessions... (Article 1 of Protocol No. 1).
Charge laid against Turkey: Greek Cypriots were deprived of their possessions either by
eviction or by seizure of movable property and its subsequent removal by Turkish soldiers,
or by conditions making abandonment of home and property the only wise course as life
and limb were at risk from the Turkish army.
When privately owned land and houses belonging to Greek Cypriots in the Turkish
occupied area came under Turkey's control, most of this was distributed to Turkish
Cypriots and to Turks brought from Turkey to settle in those areas. To preclude any Greek
Cypriots from reclaiming their possessions, Turkish authorities forcibly prevented their
return and continued to expel most remaining Greek Cypriots.
In various official statements the Turkish Government made it clear that Turkey was
organising marketing of all agricultural production in the occupied area. The same applied
to tourism and Turkey took over all Greek Cypriot manufacturing industry. Goods already
manufactured and agricultural produce ready for marketing were shipped abroad in Turkish
vessels.
In addition, the Turkish Army systematically looted houses and business premises
belonging to Greek Cypriots. Even properties of those Greek Cypriots who had remained
in the Turkish occupied area did not escape this fate. Most loot was loaded into Turkish
army vehicles and buses seized from Greek Cypriots and a substantial part, including
vehicles, animals, household goods, and building equipment, was transported by Turkish
naval vessels to the mainland.
The Turkish Army also engaged in wanton destruction. Turkish soldiers attempted to burn
down all buildings along 'the green line in Nicosia, and orchards and crops belonging to
Greek Cypriots were set on fire after cessation of hostilities. Witnesses also described
breaking of doors and windows of houses, the smashing of furniture, icons, candles and
other church property and killing of animals.
The destruction of Christian and Hellenic monuments was a significant feature of Turkey's
occupation. Religious property was a particular target in an attempt to destroy the cultural
identity of the occupied area. Not only were religious items and church equipment
smashed, set on fire or looted, but most Greek Orthodox churches not converted into
mosques were vandalised. Mosaics and even frescos were either defaced or removed. This
occurred in military zones under control of the Turkish Army and from which Turkish
Cypriots were excluded.
Even archaeological museums and sites did not escape vandalisation and initial looting.
Turkey's defence: No answer was given to these charges and Turkey boycotted the
Commission's proceedings once her jurisdictional objection was rejected.
Commission's verdict: The Commission accepted that the 170,000 Greek Cypriots
displaced from the occupied area had left behind their movable and immovable possessions
and referred to 'the established fact that these displaced person are not allowed to return to their homes in
the north, and thus to property left there (Report para. 471).
The Commission went on to find:
'proof of taking and occupation of houses and land by Turkish Cypriots and Turks from
the mainland, both military personnel and civilians (Report para. 472).
Moreover the Commission accepted testimony as proving beyond reasonable doubt that looting and robbery on an extensive
scale by Turkish troops and Turkish Cypriots have taken place...
As regards such deprivations of possessions by Turkish Cypriots, the Commission
considers that, insofar as the persons committing them were acting under the direct order or
authority of the Turkish forces of which there is evidence, the deprivation must equally be
imputed to Turkey under the Convention...
The Commission, by 12 votes against one, finds it established that there has been
deprivation of possessions of Greek Cypriots on a large scale, the exact extent of which
could not be determined. This deprivation must be imputed to Turkey under the Convention
and it has not been shown that any of these interferences were necessary for any of the
purposes mentioned in Article 1 of Protocol No. 1" (Report, paras. 472-486 passim).
DISCRIMINATION
Relevant Article of the European Convention on Human Rights: 'The enjoyment of the
rights and freedoms set forth in this Convention shall be secured without discrimination on
any ground such... as race,... language, religion, political or other opinion, national or
social origin, association with a national minority... or other status (Article 14).
Charge laid against Turkey: The acts of the Turkish Army were exclusively directed against
the Greek Cypriot community with the object of destroying and eradicating the Greek
population of the Turkish occupied area so as to move therein Turks, thereby artificially
creating a Turkish populated area. All Turkey's atrocities were directed against Greek
Cypriots (though some foreign subjects who happened to be or have property in the
Turkish occupied area were also effected by some such acts e.g. looting and wanton
destruction of property).
Turkish defence: No answer was given to these charges and Turkey boycotted the
Commission's proceedings once her jurisdictional objection had been rejected.
Commission's Verdict:
'The Commission has found violations of a number of Articles of the Convention. It notes
that the acts violating the Convention were exclusively directed against members of one of
the two communities in Cyprus, namely the Greek Cypriot community. The Commission
concludes by eleven votes to three 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 as required by Art. 14 of the Convention (Report, para. 503).
NO REMEDY.
Relevant Article of the European Convention on Human Rights:
'Everyone whose rights and freedoms as set forth in this Convention are violated shall
have an effective remedy.. (Article 13).
Charge laid against Turkey: None of the victims of the ruthless and evil deeds by Turkish
State organs and her Armed Forces was ever given any opportunity to vindicate his rights
before an authority or tribunal as provided by Articles 6 and 13 of the Convention. Persons
under Turkish control were not even permitted to talk without Turkish supervision to the
International Red Cross. In short, no effective remedy of any kind was afforded either in
the Turkish occupied area or in Turkey itself in respect of Turkish atrocities.
Turkish defence: In its jurisdictional objection, Turkey argued that remedies were available
before the competent judicial authorities in Turkey or before the military courts of the
Turkish forces in Cyprus.
Commission's findings: The Commission held that such remedies had not been shown to
be 'practicable and normally functioning. Nor had it been established how such
complaints could be effectively handled. (Admissibility Report, at p. 22 of the Report).
The Commission at the hearing on the merits reiterated that it had found no evidence that
effective and sufficient remedies were available (Report, paras. 499-501) .
II. NEW POPULATION EXPULSIONS, TURKISH COLONIZATION,
AGGRAVATED AND CONTINUING
VIOLATIONS (19 MAY 1976 TO 10 FEBRUARY 1983
THE PERIOD COVERED BY THE COMMISSION'S SECOND
REPORT)
This second period covers the time when Turkey consolidated her seizure of the territory it occupied. This
consolidation phase (implemented by further population expulsion, large scale Anatolian colonization,
continued denial of the right of Greek Cypriot refugees to return, and attempts to distribute all Greek
Cypriot property) is the backdrop to Cyprus' third application under the European Convention on Human
Rights. Obviously these were acts of systematic policy implemented by the Turkish Army and public
bodies exercising authority by virtue of Turkey's control of the occupied area. They were
not the isolated actions of individuals acting unlawfully.
The reality underlying these seven years is that, behind a faade of expressed intention to negotiate a Cyprus
solution and to agree on humanitarian arrangements for refugees (with which professed aims Turkey sought
to bemuse the international community) she was in fact conducting yet another 'occupation of Cyprus,
beginning slowly in early 1976 and escalating from May 1976. This 'occupation was effected by driving
the remaining Greek Cypriot population out of the area under Turkey's control, particularly in the Karpass
peninsula, the long eastern panhandle of Cyprus. The Karpass population, almost entirely Greek Cypriot,
had been cut off by the Turkish Army in its rapid advance to Famagusta and towards Larnaca and had been
unable to flee. At first the enclaved Greek Cypriots were de facto kept as hostages until Turkish Cypriots
remaining in the Government-controlled area had been sent (pursuant to threats in August 1975 of further
Turkish invasion) to be concentrated in the occupied area. However, once Turkish Cypriots had en masse
been transferred, Turkey, by official harassment, systematic intimidation and imposition of harsh living
conditions, forced about 7,000 Greek Cypriot inhabitants to sign applications to leave the occupied area. By
the end of June 1994 the number of enclaved Greek Cypriots was reduced to 520.
In parallel with forcing out the remaining Greek Cypriots, Turkey speeded up the process
of importing Anatolian colonists from the mainland, settling them primarily in the Karpass
and near Famagusta.
By 1983, at least 35,000 Turkish settlers had been implanted, while by 1994 the number of settlers
exceeded 80,000 and may have reached 100,000 (on figures extracted from Turkish publications). Indeed,
Turkish Cypriot politicians complain bitterly that Turkish Cypriots are becoming a minority in
the Turkish occupied area.
TURKEY'S VIOLATIONS OF THE CONVENTION
Cyprus charges against Turkey were published in October 1978 by the Commission after it
had declared Cyprus' application admissible i.e. that it would fully investigate and that
Turkey had to answer a prima facie case made out by Cyprus.
Turkey's Objections
Turkey, as in the earlier applications, raised every conceivable technical objection to the
Commission's jurisdiction. In particular it claimed that no application could be considered
because:
- Turkey did not recognise the Government of the Republic of Cyprus.
Commission's ruling: The Government of the Republic was internationally recognised,
but in any event to allow Turkey to avoid enforcement of the Convention 'by asserting that they do not
recognise the Government... would defeat the purpose of the Convention (Admissibility Report, The
Law, para. 13).
- Turkey had no control over the occupied area which was under the
exclusive jurisdiction of a 'Turkish Federated State of Cyprus.
Commission's ruling: Turkey's jurisdiction in Cyprus could not be excluded by asserting
that such an entity 'allegedly exercised jurisdiction. It was the presence of Turkish Armed Forces,
operating solely under direction of the Turkish Government and acting as 'authorised agents of
Turkey, which prevented the Government of the Republic of Cyprus from exercising
jurisdiction in the occupied area, and Turkey was responsible for her Army's actions (Ibid,
paras. 23-25).
- Alleged victims had not made use of Turkey's or the 'Federated State's
judicial systems.
Commission's ruling: The Turkish and 'Turkish Federated State of Cyprus judicial
systems were not 'practicable as remedies to Greek Cypriots, who were all refused permission by the
Turkish Army to enter the occupied area, and remedies in Turkey were not 'practicable and normally
functioning (Ibid, paras. 34-36).
- The 2,000 missing persons had been missing for more than six months, so
it was too late to complain to the Commission.
Commission's ruling: Complaints about the 2,000 missing persons raised a
'continuing violation and any time-limits preventing the making of complaints only
became applicable after a state of affairs had ceased to exist (Ibid, paras. 44-5).
- In any case the same acts and events had been dealt with by the
Commission's earlier Report in 1976.
Commission's ruling: The new application was not identical with the
previous cases (Ibid, para. 49).
- Cyprus was abusing the Convention by making accusations of a political
nature in order to further a propaganda campaign.13
Commission's ruling: Cyprus' application did not misuse the Convention
procedure and was in no sense abusive (Ibid, para. 56).
Further Proceedings
After holding Cyprus' claim against Turkey admissible in October 1978, the Commission had to
investigate the facts with the co-operation of both parties, if that was forthcoming, and with the applicant
State alone should Turkey refuse to participate despite its Convention obligations to do so.
In addition to following all procedural requirements of the Convention, the Commission in March 1983
conducted a hearing at which oral submissions could be made. Turkey chose not to be represented.14 (It
should be remembered that Turkey chose not to participate in the investigation of the first two
applications).
In November 1983 the Commission adopted its Report.15 According to Article 31.1 of
the Convention this Report would have been
'on the facts and stating its opinion as to whether the facts found disclose a
breach by the State concerned of its obligations under the Convention.
The making of the Report also indicates that no solution by way of friendly settlement was reached. Since
Turkey does not recognise the jurisdiction of the European Court of Human Rights, in terms of Convention
Article 32 the Committee of Ministers of the Council of Europe was therefore seized of the case.
The Committee of Ministers, by resolution DH (92) 12 adopted on 2 April 1992, deci-ded
to make public the report drawn up by the European Commission of Human Rights
adopted on 4 October 1983.
The Substance Underlying the Proceedings in Cyprus v. Turkey (Third Application).
MISSING PERSONS
Relevant Articles of the European Convention on Human Rights:
'Everyone has the right to liberty and security of person. No one shall be
deprived of his liberty... (Article 5).
'veryone has the right to respect for his... family life... (Article 8).
Charge laid against Turkey: About 2,000 Greek Cypriots, a considerable number being civilians, are still
missing. They were last seen alive in the occupied area of Cyprus after hostilities had ceased and under arrest
by the Turkish army or armed Turks acting under its direction. Many had been seen in detention in prisons
in Turkey or in Cyprus. Turkey nonetheless continued to prevent any investigation by international
humanitarian organisations such as the International Committee of the Red Cross. For 9 years, Turkey,
through her puppet regime, declined to act on five UN General Assembly Resolutions which sought to
activate a humanitarian Committee on Missing Persons to investigate the fate of all Cypriots missing as a
result of the invasion. In response there was prevarication, refusal to co-operate and addition
of new and obstructive conditions.
Fresh evidence about some of the missing persons last seen alive in Turkish detention revealed that some
were in Adana and Amasia prisons in Turkey. Others had been photographed after their surrender or in
Turkish ships on their way to Turkey. Yet others had been heard on Turkish radio, broadcasting messages to
their families. In the absence of proof that the missing persons had been killed or had died, Turkey was
responsible for continuing deprivation of liberty of all those persons shown to have been in her custody.
Grave infringement of family rights had also occurred. Families suffered severely, being
uncertain whether their loved ones were alive or dead because no account had been given
of the fate of those who had disappeared although in Turkish custody.
Turkey's Defence: Turkey was not represented at the oral hearing after the Commission's dismissal of her
jurisdictional objections, which included the objection that more than six months had passed since it was
known that 2,000 Greek Cypriots were missing.16
Commission's Verdict:
'The Commission, having found it established in three cases, and having found sufficient indications in an
indefinite number of cases, that Greek Cypriots who are still missing were unlawfully deprived of their
liberty, in Turkish custody in 1974, noting that Turkey has failed to account for the fate of these
persons, concludes by 16 votes against one that Turkey has violated Art 5 of the
Convention'.
Note: After the Commission had reported and at a time when, having regard to the provisions of the
Convention, proceedings before the Committee of Ministers of the Council of Europe would be likely to
comence, Turkey's puppet regime in the occupied area agreed to co-operate in establishing the longproposed
Committee on Missing Persons. However, such Committee does not have adequate investigatory
powers: it can operate only in Cyprus and not in Turkey, where many missing persons were last seen; it
cannot order exhumations; and it cannot make any recommendations or award remedies.
DISPLACEMENT OF PERSONS AND SEPARATION OF FAMILIES
Relevant Article of the European Convention on Human Rights: 'Everyone has the right to
respect for his private and family life, his home and his correspondence (Article 8).
Charge laid against Turkey: The Turkish Army sealed off the demarcation line running across the island and
known as the green line in Nicosia. They physically prevented about 190,000 displaced Greek Cypriots
(now including children born as refugees) from returning to their homes, and continued this policy
without remission for a decade, thus aggravating earlier Turkish violations of refugees'
rights for which the Commission had as long ago as 1976 condemned Turkey.
Turkey's continuing failure to allow families who had fled across the line to be reunited
with their remaining relatives in the occupied area was an aggravating factor.
Conditions for the 8,000 Greek Cypriots who remained in the occupied area in 1976 (mainly in Karpasia)
were so harsh that between 1976 and 1979, about 7,000 were forced to sign applications to leave after
suffering violence, threats, curfews, looting, forced labour, refusal of medical facilities and denial of
secondary education. Most of the violence and harassment was effected through Anatolian settlers. Those
Greek Cypriots who remained in the occupied area were often separated from their children: in order to
receive an adequate education, children had to be sent to be educated in the free area and
were not permitted by Turkey to return unless they formally acknowledged Turkish
jurisdiction over Cyprus.
Turkey's defence: At the admissibility stage, Turkey put forward jurisdictional objections. It should be
borne in mind that Turkey's attitude, manifested in the first two applications, was to refuse to participate in
Commission proceedings - in default of her procedural obligations under the Convention - once
her jurisdictional objections were overruled. Turkey did not appear at the oral hearing in
March 1983.
Commission's verdict:
'The Commission concludes, by 13 votes against two with two abstentions that, by her
continued refusal to allow over 170 thousand Greek Cypriots to return to their homes in the
north of Cyprus, Turkey continues to violate Art 8 in all these cases.
The Commission further concludes by 14 votes against two and with one abstention, that, in the cases of
continued separation of families resulting from Turkey's refusal to allow the return of Greek Cypriots to
their family members in the north, Turkey continues to violate Art 8 of the Convention'.
DEPRIVATION OF POSSESSIONS
Relevant Article of the European Convention on Human Rights:
'Every natural person is entitled to the peaceful enjoyment of the possession. No one shall
be deprived of his possessions... (Protocol No. 1 Article 1).
Charge laid against Turkey: The Greek Cypriot refugees who had been driven from their homes or had fled
at the time of Turkey's invasion or soon thereafter continued to be deprived of their property by the Turkish
Armed Forces' refusal to allow them to return. Under Turkey's direction there was now a consolidation of
informal seizures. The Turkish Cypriot puppet authorities purported in 1977 to pass a so-called 'Law to
Provide for the Housing and Distribution of Land and Property of Equal Value and amended this in 1982
to give semi-permanent definitive certificates of possession to Turkish settlers (including
soldiers of the Occupation Force) and Turkish Cypriots who had been handed Greek
Cypriot property.
Wholly new deprivations occurred in respect of the 7,000 Greek Cypriots (mainly from the
Karpass) who, under duress, were compelled to leave their homes and possessions and to
move to the free area.
More wanton destruction of cultural objects, especially of Greek Orthodox churches and religious treasures,
also occurred. Remaining antiquities were discovered to be 'saleable and found their way via Turkish hands
to international dealers. Turkish Cypriots, wrote about destruction, pillage, theft, smuggling, and
plunder.17
Agricultural, commercial and industrial enterprises belonging to Greek Cypriots in the occupied area, seized
by the Turks following the invasion, continued to be exploited by the latter on a permanent basis without
any authority from their owners (who were prevented from repossessing them) while a substantial number
of Greek Cypriot factories were put into operation for the first time after 1977. One such factory (in the
Mia Milia area) is operated by Wearwell Ltd., a subsidiary of Polly Peck PLC, a large U.K. public
company, recipient of the Queen's Export Award to Industry. This same group admitted
through its Chairman, Mr. Asil Nadir, that it was acting as Turkey's instrument to market
the produce of the occupied area.
Indeed a substantial part of the citrus belonging to the Greek Cypriots of the Morphou area is exported to
the United Kingdom and Europe by the group. Their exploitation of seized Greek Cypriot assets has been
encouraged and facilitated by Turkey, which assisted the group in establishing enterprises on the mainland.
The activities in Cyprus of Polly Peck PLC and its associates are similar to those of German industry
between 1938 and 1945 in their unprincipled and virtually uncompensated exploitation of seized Jewish
assets.18
Turkey's defence: At the admissibility stage Turkey put forward jurisdictional objections. It should be
borne in mind that Turkey's attitude, manifested in the first two applications, was to refuse to participate in
Commission proceedings - in default of her procedural obligations under the Convention - once
her jurisdictional objections were overruled. Turkey did not appear at the oral hearing in
March 1983.
Commission's verdict:
'The Commision concludes, by 13 votes against one and with three abstentions, that
Turkey has violated Art 1 of Protocol No 1.
DISCRIMINATION
Relevant Article of the European Convention on Human Rights:
'The enjoyment of the rights and freedoms set forth in this Convention shall be secured without
discrimination on any ground such as race... religion, political or other opinion, national or social origin,
association with a national minority... or other status (Article 14).
Charge laid against Turkey: Most of Turkey's violations were directed against members of one community
only, namely the Greek Cypriot community, because of their ethnic origin, race and religion. Turkey's aim
was to eliminate all traces of Greek civilisation and to set up a demographically homogeneous
ethnically Turkish and Muslim state in the occupied area.19 In another context this would
be condemned as apartheid or cultural genocide.
Turkey's defence: At the admissibility stage Turkey put forward jurisdictional objections. It should be borne
in mind that Turkey's attitude, manifested in the first two applications, was to refuse to participate in
Commission proceedings - in default of her procedural obligations under the Convention - once
her jurisdictional objections were overruled. Turkey did not appear at the oral hearing in
March 1983.
Commission's verdict:
'Having again found violations of the rights of Greek Cypriots under a number of Articles
of the Convention in the present case, the Commission does not consider it necessary to
add anything to its finding under Art. 14 in the previous case.
NO REMEDIES
Relevant Article of the European Convention on Human Rights:
'Everyone whose rights and freedom... are violated shall have an effective remedy...
(Article 13).
Charge laid against Turkey: In respect of new and continuing violations from May 1976 onwards no
effective remedy was provided by Turkey, whether in her own courts or those of the area she occupied.
Indeed, in the occupied area Turkey's puppet regime had purported to enact a 'Constitution,
depriving Greek Cypriots of virtually all human rights and conferring 'constitutional
protection in respect of many rights only on Turks.
Turkey's defence: At the admissibility stage Turkey put forward jurisdictional objections. It should be
borne in mind that Turkey's attitude, manifested in the first two applications, was to refuse to participate in
Commission proceedings - in default of her procedural obligations under the Convention - once
her jurisdictional objections were overruled. Turkey did not appear at the oral hearing in
March 1983.
Commission's verdict:
'The Commission, in its examination of the merits of this complaint, does not find it
necessary to add anything to its finding in the decision on admissibility.
VIOLATIONS AGAINST TURKISH CYPRIOTS
Relevant Articles of the European Convention on Human Rights:
- 'Inhuman or degrading treatmentt (Article 3);
- 'The right to liberty and security off persons (Article 5);
- 'Fair and public hearing by an independent and impartial tribunal established by law
(Article 6);
- 'The right to respect for his private and family life, his home.... (Article 8);
- 'Peaceful enjoyment of his possessions; (Article 1 to Protocol No. 1).
Although direct evidence was difficult to obtain because Greek Cypriots and the Government of the
Republic were (and are) denied all access to the occupied area, it was apparent from statements by Turkish
Cypriots who had escaped to the free area, from the Turkish Cypriot opposition press, from reports
by members of the international press and by members of international organisations that
Turkish Cypriots were suffering continuous violation of their rights at the hands of Turkey.
These violations fall into two categories:
- Oppressive acts by Anatolian settlers from Turkey, encouraged and or
countenanced by the presence of the Turkish Armed Forces; and
- prevention of any return by Turkish Cypriots (who were transferred at Turkey's demand
from the Government-controlled area in 1974-1975 to the occupied area) to their homes and properties in the
Government-controlled area and denial of any exercise of their rights in respect of such property. In
respect of both categories of violations no effective remedy exists.
Turkey's defence: At the admissibility stage, Turkey put forward jurisdictional objections, alleging that
Cyprus' application was an abuse of the Convention's procedure in that it complained about Turkey's
treatment of Turkish Cypriots purely for propaganda purposes and expressed 'false and mock
concern for their well-being. The Commission rejected this contention.
Regarding the merits stage it should be borne in mind that Turkey's attitude, manifested in the first two
applications, was to refuse to participate in Commission proceedings - in default of her procedural
obligations under the Convention once her jurisdictional objections were overruled. Tukey did not
appear at the oral hearing in March 1983.
Commission‹s verdict:
'The Commission, having regard to the material before it, finds that it does not have
sufficient available evidence enabling it to come to any conclusion regarding this
complaints.
III. CONTINUING VIOLATIONS OF HUMAN RIGHTS IN CYPRUS (11 FEBRUARY 1983 TO DATE)
Since the 1974 Turkish invasion and occupation of about 37 percent of the territory of the
Republic of Cyprus, Turkey has been systematically engaged in practices of ethnic
cleansing, racial separation and racial discrimination.
The Cyprus problem is a clear case of massive, grave, systematic and continuing violation of human rights
by Turkey, in breach of the purposes and principles of the Charter, and major international instruments in
the field of human rights and fundamental freedoms.
Numerous resolutions of the United Nations, including those of the Commission on Human Rights, the
Sub-Commission on Prevention of Discrimination and Protection of Minorities and the Committee on the
Elimination of Racial Discrimination have been adopted over these twenty years covering all
aspects of the violations of human rights in Cyprus by Turkey (see Annex II for the text of
some of these resolutions).
Turkey in utter disregard of these resolutions has not yet withdrawn her armed forces and
continues to occupy nearly 37 percent of the territory of the Republic of Cyprus.
The Turkish invasion and the Turkish military occupation has brought about the collective
denial of all human rights and fundamental freedoms of the people of Cyprus, for
occupation per se constitutes a negation of all these rights.
Moreover, Turkey by her continuing occupation and her policy of ethnic cleansing directed against the
Greek Cypriot community, namely the forcible uprooting of the indigenous Greek Cypriot population
from the occupied area, the refusal to allow them to return, the implantation of settlers from Turkey, aimed
at changing the demographic structure of Cyprus, the destruction of the cultural heritage of the occupied area
e.t.c., aims at creating by artificial means a homogeneous Turkish-populated area, in furtherance of
Turkey's policy for the geographical separation of the two communities and her
expansionist designs.
For the above reasons the Government of the Republic of Cyprus has filed on 22 November 1994 a Fourth
Application to the European Commission of Human Rights (Application No. 25781/94 CYPRUS v.
TURKEY) for continuing violations by Turkey of provisions of the European Convention on Human
Rights and its Additional Protocols, including the unlawful detention of the missing, the refusal to allow
the refugees to return to their homes, the expulsion and inhuman treatment of the enclaved, the
expropriation of properties, the continuing colonization of the occupied areas e.t.c.
In particular the Government of Cyprus in the Fourth Application contends that the Government of Turkey
since 4 October 1983, when the European Commission of Human Rights adopted its Report in respect of
Application No. 8007/77, for violations of human rights by Turkey in the areas occupied by the
Turkish army in Cyprus continues to commit breaches of the following Articles of the
Convention and its First Protocol:
- Article 1 (General Clause)
- Article 2 (right to life)
- Article 3 (prohibition of torture and inhuman or degrading treatment or
punishment)
- Article 4 (prohibition of slavery, servitude and forced or complusory
labour)
- Article 5 (liberty and security of person)
- Article 6 (right to a fair trial by an independent and impartial tribunal)
- Article 8 (respect of private and family life)
- Article 9 (freedom of thought, conscience and religion)
- Article 11 (freedom of assembly and association with others)
- Article 13 (right to an effective remedy against violations or the rights
guaranteed by the Convention)
- Article 1 of
Protocol 1 (protection of property)
- Article 2
of Protocol 1 (right to education)
- Article 3
of Protocol 1 (free elections)
- Article 14 (prohibition of discrimination in the enjoyment of these rights)
- Article 17 (nothing in the Convention may be interpreted as implying any right to
perform any act aimed at the destruction of any of the rights and freedoms set forth in the Convention or at
their limitation to a greater extent than is provided for therein).
Due to the confidential nature of the proceedings no further information can be published at
this stage except the above which was included in a press communigue issued by the
Secretary to the European Commission of Human Rights on 28 November 1994.
The World Community's Duties Regarding Human Rights in Cyprus
Turkey's opportunistic but unfaltering implementation of her ultimate goal of reacquiring sovereignty in
the Eastern Mediterranean and Aegean, which she believes should be hers as heir to the Ottomans,20
falsifies the view that the Cyprus question is merely one for the Greek and Turkish Cypriots to settle in
intercommunal negotiations. If Turkey's role and those of other powers in creating and exacerbating the
Cyprus problem are ignored, old-fashioned power politics will prevail. Such a view also disregards the fact
that enforcement of human rights is a matter of international duty. No longer can the political ambitions of
States and their geostrategic alliances be permitted to block protection of human rights without expunging
the achievements of States in establishing international human rights law.
The world community should insist on restoration of human rights in Cyprus and relief for those suffering
from the Turkish invasion and 20-year continued occupation. This would have the added advantage of
changing attitudes and eliciting goodwill, which would then encourage a just solution of the
Cyprus problem in circumstances where human rights prevailed over brute force.
ANNEX I
EUROPEAN COMMISSION OF HUMAN RIGHTS
APPLICATIONS Nos. 6780/74 AND 6950/75
CYPRUS
AGAINST
TURKEY
REPORT OF THE COMMISSION
(Adopted on 10 July 1976)
(Excerpts)
PART IV - CONCLUSIONS
The Commission,
Having examined the allegations in the two applications (see Part II above);
Having found that Art. 15 of the Convention does not apply (see Part III);
Arrives at the following conclusions:
I. Displacement of persons
- The Commission concludes by thirteen votes against one that, by the refusal to allow
the return of more than 170,000 Greek Cypriot refugees to their homes in the north of
Cyprus, Turkey violated, and was continuing to violate, Art. 8 of the Convention in all
these cases.
- The Commission concludes by twelve votes against one that, by the eviction of Greek
Cypriots from houses, including their own homes, by their transportation to other places
within the north of Cyprus, or by their deportation across the demarcation line, Turkey has
equally violated Art. 8 of the Convention.
- The Commission concludes by thirteen votes against one that, by the refusal to allow the
return to their homes in the north of Cyprus to several thousand Greek Cypriots who had
been transfered to the south under inter-communal agreements, Turkey violated, and was
continuing to violate, Art. 8 of the Convention in all these cases.
- The Commission concludes by fourteen votes against one with one abstention that, by
the separation of Greek Cypriot families brought about by measures of displacement in a
substantial number of cases, Turkey has again violated Art. 8 of the Convention.
II. Deprivation of liberty
'Enclaved persons'
(a) The Commission, by eight votes against five votes and with two
abstentions, concludes that the curfew imposed at night on enclaved Greek Cypriots in the
north of Cyprus, while a restriction of liberty, is not a deprivation of liberty within the
meaning of Art. 5(1) of the Convention.
(b) The Commission, by twelve votes with two abstentions, further concludes
that the alleged restrictions of movement outside the built-up area of villages in the north of
Cyprus would fall within the scope of Art. 2 of Protocol No. 4, not ratified by either
Cyprus or Turkey, rather than within the scope of Art. 5 of the Convention. It is therefore
unable to find a violation of Art. 5 insofar as the restrictions imposed on Greek Cypriots in
order to prevent them from moving freely outside villages in the north of Cyprus are
imputable to Turkey.
'Detention centres'
(a) The Commission, by thirteen votes against one, concludes that, by the
confinement of more than two thousand Greek Cypriots to detention centres established in
schools and churches at Voni, Gypsou and Morphou, Turkey has violated Art 5(1) of the
Convention.
(b) The Commission, by thirteen votes against one, further concludes that, by
the confinement of Greek Cypriots to private houses in Gypsou and Morphou, where they
were kept under similar circumstances as in the detention centres, Turkey has equally
violated Art. 5(1).
(c) The Commission, by ten votes against two with two abstentions, finally
concludes that, by the confinement of Greek Cypriots to the Kyrenia Dome Hotel after 14
August 1974, Turkey has again violated Art. 5(1).
'Prisoners and detainees'
(a) The Commission, by thirteen votes against one, concludes that the detention
of Greek Cypriot military personnel in Turkey was not in conformity with Art. 5(1) of the
Convention.
(b) The Commission, by thirteen votes against one, concludes that the detention
of Greek Cypriot civilians in Turkey was equally not in conformity with Art. 5(1).
(c) Considering that it was unable to establish the imputability to Turkey under
the Convention of the detention of 146 Greek Cypriots at Saray prison and Pavlides
Garage in the Turkish sector of Nicosia, the Commission, by ten votes against two with
two abstentions, does not consider itself called upon to express an opinion as to the
conformity with Art. 5 of the detention of Greek Cypriot prisoners in the north of Cyprus.
(d) The Commission, by 14 votes against none, with two abstentions, has not
found it necessary to examine the question of a breach of Art. 5 with regard
to persons accorded the status of prisoners of war.
Final observation
The Commission, by seven votes against six with three abstentions, decided not to
consider as a separate issue the effect of detention on the exercise of the right to respect for
one's private and family life and home (Art. 8 of the Convention).
III. Deprivation of life
The Commission, by fourteen votes against one, considers that the evidence before it
constitutes very strong indications of violations of Art 2 of the Convention by Turkey in a
substantial number of cases. The Commission restricted the taking of evidence to a hearing
of a limited number of representative witnesses and the Delegation, during the period fixed
for the hearing of witnesses, heard eye-witnesses only concerning the incident of Elia. The
evidence obtained for this incident establishes the killing of twelve civilians near Elia by
Turkish soldiers commanded by an officer contrary to Art. 2.
In view of the very detailed material before it on other killings alleged by the applicant
Government the Commission, by fourteen votes against one, concludes from the whole
evidence that killings happened on a larger scale than in Elia.
There is nothing to show that any of these deprivations of life were justified under paras.
(1) or (2) of Art. 2.
IV. Ill-treatment
- The Commission, by twelve votes against one, finds that the incidents of rape described
in the cases referred to and regarded as established constitute 'inhuman treatment' and thus
violations of Art. 3, for which Turkey is responsible under the Convention.
- The Commission, by twelve votes against one, concludes that prisoners were in a
number of cases physically ill-treated by Turkish soldiers. These acts of ill-treatment
caused considerable injuries and at least in one case the death of the victim. By their
severity they constitute 'inhuman treatment' and thus violations of Art. 3, for which
Turkey is responsible under the Convention.
- The Commission, by twelve votes against one, concludes that the withholding of an
adequate supply of food and drinking water and of adequate medical treatment from Greek
Cypriot prisoners held at Adana and detainees in the northern area of Cyprus, with the
exception of Pavlides Garage and Saray prison, again constitutes, in the cases considered
as established and in the conditions described, 'inhuman treatment' and thus a violation of
Art. 3, for which Turkey is responsible under the Convention.
- The Commission, by twelve votes against one, concludes that the written statements
submitted by the applicant Government constitute indications of ill-treatment by Turkish
soldiers of persons not in detention.
- Deprivation of possessions
The Commission, by twelve votes against one, finds it established that there has been
deprivation of possessions of Greek Cypriots on a large scale, the exact extent of which
could not be determined. This deprivation must be imputed to Turkey under the Convention
and it has not been shown that any of these interferences were necessary for any of the
purposes mentioned in Art. 1 of Protocol No. 1. The Commission concludes that this
provision has been violated by Turkey.
VI. Forced labour
The Commission, by eight votes against three votes and with one abstention, finds that the
incompleteness of the investigation with regard to the allegations of forced labour does not
allow any conclusions to be made on this issue.
VII. Other issues
- The Commission, by twelve votes against one vote and with three abstentions, considers
that no further issue arises under Art. 1 of the Convention.
- The Commission, by thirteen votes against one vote and with two abstentions, has
found no evidence that effective remedies, as required by Art. 13 of the Convention, were
in fact available.
- Having found violations of a number of Articles of the Convention, the Commission
notes that the acts violating the Convention were exclusively directed against members of
one of two communities in Cyprus, namely the Greek Cypriot community. It concludes by
eleven votes to three 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 as
required by Art. 14 of the Convention.
- The Commission, by twelve votes with four abstentions, considers that Art. 17 and 18
of the Convention do not raise separate issues in the present case.
Secretary to the Commission President of the Commission
(H.C. KR†GER) (J.E.S. FAWCETT)
ANNEX II
EUROPEAN COMMISSION OF HUMAN RIGHTS
APPLICATION No. 8007/77
CYPRUS
AGAINST
TURKEY
REPORT OF THE COMMISSION
(Adopted on 4 October 1983)
(Excerpts)
PART IV - CONCLUSIONS
The Commission,
Having examined the allegations in this application (see Parts II and III above);
Having found that Art. 15 of the Convention does not apply (see Part I, Chapter 4);
Arrives at the following findings and conclusions:
- Missing persons (para 123 above)
The Commission, having found it established in three cases, and having found sufficient
indications in an indefinite number of cases, that Greek Cypriots who are still missing
were unlawfully deprived of their liberty, in Turkish custody in 1974, noting that Turkey
has failed to account for the fate of these persons, concludes by 16 votes against one that
Turkey has violated Art. 5 of the Convention.
- Displacement of persons and separation of families (paras 135, 136 above)
The Commission concludes, by 13 votes against two with two abstentions that, by her
continued refusal to allow over 170,000 Greek Cypriots the return to their homes in the
North of Cyprus, Turkey continues to violate Art. 8 in all these cases.
The Commission further concludes by 14 votes against two and with one abstention, that,
in the cases of continued separation of families resulting from Turkey's refusal to allow the
return of Greek Cypriots to their family members in the North, Turkey continues to violate
Art. 8 of the Convention.
- Deprivation of possessions (para 155 above)
The Commission concludes, by 13 votes against one and with three abstentions, that
Turkey has violated Art. 1 of Protocol No 1.
- Absence of remedies (para 158 above)
The Commission, in its examination of the merits of this complaint, does not find it
necessary to add anything to its finding in the decision on admissibility.
- Discrimination (para 162 above)
Having again found violations of the rights of Greek Cypriots under a number of Articles
of the Convention in the present case, the Commission does not consider it necessary to
add anything to its finding under Art. 14 in the previous case.
- Position of Turkish Cypriots (para 165 above)
The Commission, having regard to the material before it, finds that it does not have
sufficient available evidence enabling it to come to any conclusion regarding this complaint.
Secretary to the Commission President of the Commission
(H.C. KR†GER) (
C.A. N¯RGAARD)
ANNEX III
RESOLUTIONS ADOPTED BY THE
UN SECURITY COUNCIL
RESOLUTION 361 (1974)
Adopted by the Security Council on 30 August 1974
The Security Council,
Conscious of its special responsibilities under the United Nations Charter,
Recalling its resolutions 186(1964) of 4 March 1964, 353(1974) of 20 July, 354(1974) of
23 July, 355(1974) of 1 August, 352(1974) of 14 August, 358(1974) and 359(1974) of 15
August, 360 (1974) of 16 August 1974,
Noting that a large number of people on the island have been displaced, and are in need of
humanitarian assistance,
Mindful of the fact that it is one of the foremost purposes of the United Nations to lend
humanitarian assistance in situations such as the one currently prevailing in Cyprus,
Noting also that the United Nations High Commissioner for Refugees has already been
appointed as Co-ordinator of United Nations Humanitarian Assistance for Cyprus with the
task of coordinating relief assistance to be provided by United Nations programmes and
agencies and from other sources,
Having considered the report of the Secretary-General contained in document (S/11473),
- Expresses its appreciation to the Secretary-General for the part he has played in bringing
about talks between the leaders of the two communities in Cyprus;
- Warmly welcomes this development and calls upon those concerned in the talks to
pursue them actively with the help of the Secretary-General and in the interests of the
Cypriot people as a whole;
- Calls upon all parties to do everything in their power to alleviate human suffering, to
ensure the respect to fundamental human rights for every person and to refrain from all
action likely to aggravate the situation;
- Expresses its grave concern at the plight of the refugees and other persons displaced as
a result of the situation in Cyprus and urges the parties concerned, in conjunction with the
Secretary-General, to search for peaceful solutions of the problems of refugees, and take
appropriate measures to provide for their relief and welfare and to permit persons who wish
to do so to return to their homes in safety;
- Requests the Secretary-General to submit at the earliest possible opportunity a full
report on the situation of the refugees and other persons referred to in paragraph 4 above
and decides to keep that situation under constant review;
- Further requests the Secretary-General to continue to provide emergency United Nations
humanitarian assistance to all parts of the population of the island in need of such
assistance;
- Calls upon all parties, as a demonstration of good faith to take, both individually and in
cooperation with each other, all steps which may promote comprehensive and successful
negotiations;
- Reiterates its call to all parties to cooperate fully with UNFICYP in carrying out its tasks;
- Expresses the conviction that the speedy implementation of the provisions of the present
resolution will assist the achievement of a satisfactory settlement in Cyprus.
Adopted unanimously at the 1795th meeting.
RESOLUTION 550 (1984)
Adopted by the Security Council on 11 May 1984
The Security Council,
Having considered the situation in Cyprus at the request of the Government of the
Republic of Cyprus,
Having heard the statement made by the President of the Republic of Cyprus,
Taking note of the report of the Secretary-General (S/16519),
Recalling its resolutions 365(1974), 367(1975), 541(1983) and 544(1983),
Deeply regretting the non-implementation of its resolutions, in particular resolution
541(1983),
Gravely concerned about the further secessionist acts in the occupied part of the Republic
of Cyprus which are in violation of resolution 541(1983), namely the purported 'exchange
of Ambassadors between Turkey and the legally invalid 'Turkish Republic of Northern
Cyprus and the contemplated holding of a 'constitutional referendum and 'elections, as
well as by other actions aimed at further consolidating the purported independent state and
the division of Cyprus,
Deeply concerned about recent threats for settlement of Varosha by people other than its
inhabitants,
Reaffirming its continuing support for the United Nations Peace-Keeping Force in Cyprus
- Reaffirms its resolution 541(1983) and calls for its urgent and effective implementation,
- Condemns all secessionist actions, including the purported exchange of Ambassadors
between Turkey and the Turkish Cypriot leadership, declares them illegal and invalid and
calls for their immediate withdrawal;
- Reiterates the call upon all States not to recognize the purported state of the 'Turkish
Republic on Northern Cyprus' set up by secessionist acts and calls upon them not to
facilitate or in any way assist the aforesaid secessionist entity;
- Calls upon all States to respect the sovereignty, independence, territorial integrity, unity
and non-alignment of the Republic of Cyprus;
- Considers attempts to settle any part of Varosha by people other than its inhabitants as
inadmissible and calls for the transfer of this area to the administration of the United
Nations;
- Considers any attempts to interfere with the status or the deployment of the United
Nations Peace-Keeping Force in Cyprus as contrary to the resolutions of the United
Nations;
- Requests the Secretary-General to promote the urgent implementation of Security
Council resolution 541(1983);
- Reaffirms its mandate of good offices given to the Secretary-General and requests him
to undertake new efforts to attain an overall solution to the Cyprus problem in conformity
with the principles of the Charter of the United Nations and the provisions for such a
settlement laid down in the pertinent United Nations resolutions, including Security
Council resolution 541(1983) and the present resolution;
- Calls upon all parties to cooperate with the Secretary-General in his mission of good
offices;
- Decides to remain seized of the situation with a view to taking urgent and appropriate
measures in the event of non-implementation of its resolution 541(1983) and the present
resolution;
- Requests the Secretary-General to promote the implementation of the resolution and to
report thereon to the Security Council as developments require.
Adopted at the 2539th meeting by 13 votes to 1 (Pakistan) with 1 abstention (United States
of America).
RESOLUTIONS OF THE GENERAL ASSEMBLY
RESOLUTION 3212 (XXIX)
The General Assembly adopted on the evening of 1st November, 1974, resolution
3212(XXIX) by 117 votes in favour, none against and no abstentions.
The resolution reads as follows:
The General Assembly,
Having considered the question of Cyprus,
Gravely concerned about the continuation of the Cyprus crisis, which constitutes a threat
to international peace and security,
Mindful of the need to solve this crisis without delay by peaceful means, in accordance
with the purposes and principles of the United Nations,
Having heard the statements in the debate and taking note of the Report of the Special
Political Committee on the Question of Cyprus,
- Calls upon all states to respect the sovereignty, independence, territorial integrity and
non-alignment of the Republic of Cyprus and to refrain from all acts and interventions
directed against it;
- Urges the speedy withdrawal of all foreign armed forces and foreign military presence
and personnel from the Republic of Cyprus and the cessation of all foreign interference in
its affairs;
- Considers that the constitutional system of the Republic of Cyprus concerns the GreekCypriot
and Turkish-Cypriot communities;
- Commends the contacts and negotiations taking place on an equal footing, with the
good offices of the Secretary-General between the representatives of the two communities,
and calls for their continuation with a view to reaching freely a mutually acceptable political
settlement, based on their fundamental and legitimate rights;
- Considers that all the refugees should return to their homes in safety and calls upon the
parties concerned to undertake urgent measures to that end;
- Expresses the hope that, if necessary, further efforts including negotiations can take
place, within the framework of the United Nations, for the purpose of implementing the
provisions of the present resolution, thus ensuring to the Republic of Cyprus its
fundamental right to independence, sovereignty and territorial integrity;
- Requests the Secretary-General to continue to provide United Nations humanitarian
assistance to all parts of the population of Cyprus and calls upon all States to contribute to
that effort;
- Calls upon all parties to continue to cooperate fully with the United Nations PeaceKeeping
Force in Cyprus, which may be strengthened if necessary;
- Requests the Secretary-General to continue to lend his good offices to the parties
concerned;
- Further requests the Secretary-General to bring the present resolution to the attention
of the Security Council.
RESOLUTION 3395 (XXX)
The General Assembly adopted on the evening of 20th November, 1975, resolution 3395,
by 117 votes in favour, one against, (Turkey) and 9 abstentions.
The resolution reads as follows:
The General Assembly,
Having considered the question of Cyprus,
Having heard the statement in the debate and taking note of the Report of the Special
Political Committee,
Noting with concern that four rounds of talks between the representatives of the two
communities in pursuance of Security Council resolution 367(1975) of 12 March 1975
have not yet led to a mutually acceptable settlement,
Deeply concerned at the continuation of the crisis in Cyprus,
Mindful of the need to solve the Cyprus crisis without further delay by peaceful means, in
accordance with the purposes and principles of the United Nations,
- Reaffirms the urgent need for continued efforts for the effective implementation in all
parts of its resolution 3212(XXIX) of 1 November 1974 endorsed by the Security Council
its resolution 365(1974) of 13 December 1974 and to that end;
- Calls once again upon all States to respect the sovereignty, independence, territorial
integrity and non-alignment of the Republic of Cyprus and to refrain from all acts and
interventions directed against it;
- Demands the withdrawal without further delay of all foreign armed forces and foreign
military presence and personnel from the Republic of Cyprus, and the cessation of all
foreign interference in its affairs;
- Calls upon the parties concerned to undertake urgent measures to facilitate the voluntary
return of all refugees to their homes in safety and to settle all other aspects of the refugee
problem;
- Calls for the immediate resumption in a meaningful and constructive manner of the
negotiations between the representatives of the two communities under the auspices of the
Secretary-General to be conducted freely on an equal footing with a view to reaching a
mutually acceptable agreement based on their fundamental and legitimate rights;
- Urges all parties to refrain from unilateral action in contravention of its resolution
3212(XXIX), including changes in the demographic structure of Cyprus;
- Requests the Secretary-General of the United Nations to continue his role in the
negotiations between the representatives of the two communities;
- Also requests the Secretary-General to bring this resolution to the attention of the
Security Council and to report on its implementation, as soon as appropriate, and not later
than 31st March, 1976;
- Calls upon all parties to continue to cooperate fully with the United Nations PeaceKeeping
Force in Cyprus;
- Decides to remain seized of this question.
RESOLUTION 33/15 (1978)
The United Nations General Assembly at its meeting on 9 November 1978, adopted
resolution 33/15 on the question of Cyprus. The vote was 110 in favour to 4 against with
22 abstentions. The opposing votes were cast by Iran, Pakistan, Saudi Arabia and Turkey.
Following is the text of the resolution as adopted:
The General Assembly,
Recalling its resolution 3212(XXIX) of 1 November 1974 and its subsequent resolutions,
Greatly concerned over the prolongation of the Cyprus crisis which continues to constitute
a serious threat to international peace and security,
Deeply regretting that the resolutions of the United Nations on Cyprus have not yet been
implemented,
Expressing deep concern over the lack of progress in the intercommunal talks,
Deploring the continued presence of foreign armed forces and foreign military personnel
on the territory of the Republic of Cyprus and the fact that part of its territory is still
occupied by foreign forces,
Deploring also all unilateral actions that change the demographic structure of Cyprus,
Mindful of the need to settle the question of Cyprus without further delay by peaceful
means in accordance with the provisions of the Charter of the United Nations,
- Reiterates its full support for the sovereignty, independence, territorial integrity and
non-alignment of the Republic of Cyprus and calls once again for the cessation of all
foreign interference in its affairs;
- Demands the immediate and effective implementation of resolution 3212(XXIX),
unanimously adopted by the General Assembly and endorsed by the Security Council in its
resolution 365(1974) of 13 December 1974, and of the subsequent resolutions of the
Assembly and the Council on Cyprus, which provide the valid basis for the solution of the
problem of Cyprus;
- Demands the immediate withdrawal of all foreign armed forces and foreign military
presence from the Republic of Cyprus;
- Requests the Secretary-General to continue to provide his good offices for the
negotiations between the representatives of the two communities;
- Calls for the respect of the human rights of all Cypriots and the institution of urgent
measures for the voluntary return of the refugees to their homes in safety;
- Calls for the urgent resumption in a meaningful and constructive manner of the
negotiations under the auspices of the Secretary-General between the representatives of the
two communities, to be conducted freely on an equal footing on the basis of comprehensive
and constructive proposals of the parties concerned with a view to reaching as early as
possible a mutually acceptable agreement based on their fundamental and legitimate rights;
- Calls upon the parties concerned to refrain from any unilateral action which might
adversely affect the prospects of a just and lasting solution of the problem of Cyprus by
peaceful means and to cooperate fully with the Secretary-General in the performance of his
task under the relevant resolutions of the General Assembly and the Security Council as
well as with the United Nations Peace-Keeping Force in Cyprus;
- Recommends that the Security Council should examine the question of the
implementation, within a time-frame, of its relevant resolutions and consider and adopt
thereafter, if necessary, all appropriate and practical measures under the Charter of the
United Nations for ensuring the implementation of the resolutions of the United Nations on
Cyprus;
- Decides to include the item 'Question of Cyprus in the provisional agenda of its ThirtyFourth
Session and requests the Secretary-General to follow up the implementation of the
present resolution and to report on all its aspects to the General Assembly at that session.
Separate vote in paragraph 8,
A separate vote was taken on operative paragraph 8, above, which was approved by 80
votes in favour, 7 against with 48 abstentions.
RESOLUTION 34/30 (1979)
The United Nations General Assembly at its meeting on November 20, 1979 adopted
resolution 34/30 on Cyprus by a vote of 99 in favour to 5 against (Turkey, Pakistan, Saudi
Arabia, Bangladesh and Djibouti) with 35 abstentions.
Following is the text of the resolution as adopted by the General Assembly:
The General Assembly,
Having considered the question of Cyprus,
Recalling its resolution 3212(XXIX) of 1 November 1974 and its subsequent resolutions,
Mindful of the principle of the inadmissibility of acquisition of territories by force,
Recalling the idea of holding an international conference on Cyprus,
Greatly concerned over the prolongation of the Cyprus crisis which poses a serious threat
to international peace and security,
Deeply regretting that the resolutions of the United Nations on Cyprus have not yet been
implemented,
Welcoming the ten-point agreement of 19 May 1979(A/34/620, Annex V),
Expressing deep concern over the lack of progress in the intercommunal talks,
Deploring the continued presence of foreign armed forces and foreign military personnel
on the territory of the Republic of Cyprus and the fact that part of its territory is still
occupied by foreign forces,
Deploring also unilateral actions that change the demographic structure of Cyprus,
Mindful of the need to settle the question of Cyprus without further delay by peaceful
means in accordance with the provisions of the Charter of the United Nations and the
relevant United Nations resolutions,
- Reiterates its full support for the sovereignty, independence, territorial integrity, unity
and non-alignment of the Republic of Cyprus and calls once again for the cessation of all
foreign interference on its affairs;
- Expresses its support for the ten-point agreeement of 19 May 1979, concluded under the
auspices of the Secretary-General;
- Affirms the right of the Republic of Cyprus and its people to full and effective
sovereignty and control over the entire territory of Cyprus and its natural and other
resources and calls upon all States to support and help the Government of Cyprus to
exercise the above-mentioned rights;
- Demands the immediate and effective implementation of General Assembly resolution
3212(XXIX), unanimously adopted by the General Assembly and endorsed by the
Security Council in its resolution 365(1974) of 13 December (1974), and of the subsequent
resolutions of the Assembly and the Council on Cyprus, which provide the valid basis for
the solution of the problem of Cyprus;
- Demands the immediate withdrawal of all foreign armed forces and foreign military
presence from the Republic of Cyprus;
- Requests the Secretary-General to continue to provide his good offices for the
negotiations between the representatives of the two communities;
- Calls for the respect of the human rights of all Cypriots and the institution of urgent
measures for the voluntary return of the refugees to their homes in safety;
- Calls for the urgent resumption in a meaningful, result-oriented and constructive manner
of the negotiations under the auspices of the Secretary-General between the representatives
of the two communities, to be conducted freely on an equal footing on the basis of the
agreement of 19 May 1979, with a view to reaching as early as possible a mutually
acceptable agreement based on their fundamental and legitimate rights;
- Calls upon the parties concerned to refrain from any unilateral action which might
adversely affect the prospects of a just and lasting solution of the problem of Cyprus by
peaceful means and to cooperate fully with the Secretary-General in the performance of his
task under the relevant resolutions of the General Assembly and the Security Council as
well as with the United Nations Peace-Keeping Force in Cyprus;
- Welcomes the proposal for the total demilitarization of Cyprus;
- Reiterates its recommendation that the Security Council should examine the question
of the implementation, within a specified time-frame, of its relevant resolutions and
consider and adopt thereafter, if necessary, all appropriate and practical measures under the
Charter of the United Nations for ensuring the speedy and effective implementation of the
resolutions of the United Nations on Cyprus;
- Requests the Secretary-General to report to the General Assembly by 31 May 1980 on
the progress achieved in the negotiations between the two communities on the basis of the
Agreement of 19 May 1979;
- Authorizes the President of the Thirty-fourth Session of the General Assembly, in the
event that the Secretary-General reports lack of progress in the above-mentioned
negotiations, to appoint an Ad Hoc Committee composed of no more than seven member
states;
- Requests the Ad Hoc Committee to maintain contact with the Secretary-General in his
task of facilitating the successful conclusion of the negotiations between the two
communities;
- Further requests the ad hoc committee in consultation with the Secretary-General, to
recommend steps for and promote the implementation of all the relevant resolutions of the
General Assembly on Cyprus;
- Decides to include the item 'Question of Cyprus in the provisional agenda of its
thirty-fifth session and requests the Secretary-General to follow up the implementation of
the present resolution and to report on all its aspects to the General Assembly at that
session.
Separate vote in paragraph 11
There was a separate vote on operative para 11 which was approved by 87 votes in
favour, 10 against with 40 abstentions.
Separate vote on para 12
There was also a separate vote on operative para 12 which was approved by 87 votes in
favour, 8 against with 34 abstentions.
Separate vote on paras 13, 14, 15
There was a separate vote on operative paras 13, 14, 15 which were approved by 83 votes
in favour, 23 against with 30 abstentions.
RESOLUTION 37/253 (1983)
The U.N. General Assembly adopted on May 13, 1983 resolution 37/253 on Cyprus. The
vote on the resolution was 103 in favour and 5 against with 20 abstentions. The votes
against the resolution were cast by Bangladesh, Malaysia, Pakistan, Somalia and Turkey.
Following is the text of the resolution:
The General Assembly,
Having considered the question of Cyprus,
Recalling its resolution 3212(XXIX) of 1 November 1974 and its subsequent resolutions
on the question of Cyprus,
Recalling the high-level agreements of 12 February 1977 and 19 May 1979,
Reaffirming the principle of the inadmissibility of occupation and acquisition of territories
by force,
Greatly concerned at the prolongation of the Cyprus crisis, which poses a serious threat to
international peace and security,
Deeply regretting that the resolutions of the United Nations on Cyprus have not yet been
implemented,
Recalling the idea of holding an international conference on Cyprus,
Deploring the fact that part of the territory of the Republic of Cyprus is still occupied by
foreign forces,
Deploring the lack of progress in the intercommunal talks,
Deploring all unilateral actions that change the demographic structure of Cyprus or promote
faits accomplis,
Reaffirming the need to settle the question of Cyprus without further delay by peaceful
means in accordance with the provisions of the Charter of the United Nations and the
relevant United Nations resolutions,
- Reiterates its full support for the sovereignty, independence, territorial integrity, unity
and non-alignment of the Republic of Cyprus and calls once again for the cessation of all
foreign interference in its affairs;
- Affirms the right of the Republic of Cyprus and its people to full and effective
sovereignty and control over the entire territory of Cyprus and its natural and other
resources and calls upon all states to support and help the Government of the Republic of
Cyprus to exercise these rights;
- Condemns any act which tends to undermine the full and effective exercise of the
above-mentioned rights, including the unlawful issue of titles of ownership of property;
- Welcomes the proposal for total demilitarization made by the President of the Republic
of Cyprus;
- Expresses its support for the high-level agreements of 12 February 1977 and 19 May
1979 and all the provisions thereof;
- Demands the immediate and effective implementation of resolution 3212(XXIX),
unanimously adopted by the General Assembly and endorsed by the Security Council in its
resolution 365(1974) of 13 December (1974), and of the subsequent resolutions of the
Assembly and the Council on Cyprus, which provide the valid and essential basis for the
solution of the problem of Cyprus;
- Considers the withdrawal of all occupation forces from the Republic of Cyprus as an
essential basis for a speedy and mutually acceptable solution of the Cyprus problem;
- Demands the immediate withdrawal of all occupation forces from the Republic of
Cyprus;
- Commends the intensification of the efforts made by the Secretary-General, while
noting with concern the lack of progress in the intercommunal talks;
- Calls for meaningful, result-oriented, constructive and substantive negotiations
between the representatives of the two communities, under the auspices of the SecretaryGeneral,
to be conducted freely on an equal footing on the basis of the relevant United
Nations resolutions and the high-level agreements, with a view to reaching as early as
possible a mutually acceptable agreement based on the fundamental and legitimate rights of
the two communities;
- Calls for respect of the human rights and fundamental freedoms of all Cypriots,
including the freedom of movement, the freedom of settlement and the right to property and
the instituting of urgent measures for the voluntary return of the refugees to their homes in
safety;
- Considers that the de facto situation created by the force of arms should not be allowed
to influence or in any way affect the solution of the problem of Cyprus;
- Calls upon the parties concerned to refrain from any unilateral action which might
adversely affect the prospects of a just and lasting solution of the problem of Cyprus by
peaceful means and to cooperate fully with the Secretary-General in the performance of his
task under the relevant resolutions of the General Assembly and the Security Council as
well as with the United Nations Peace-Keeping Force in Cyprus;
- Calls upon the parties concerned to refrain from any action which violates or is
designed to violate the independence, unity, sovereignty and territorial integrity of the
Republic of Cyprus;
- Reiterates its recommendation that the Security Council should examine the question
of the implementation, within a specified time-frame, of its relevant resolutions and
consider and adopt thereafter, if necessary, all appropriate and practical measures under the
Charter of the United Nations for ensuring the speedy and effective implementation of the
resolutions of the United Nations on Cyprus;
- Welcomes the intention of the Secretary-General, as expressed in his report (Doc.
A/37/805 of 6/5/1983), to pursue a renewed personal involvement in the quest for a
solution of the Cyprus problem and, in view of this, requests the Secretary-General to
undertake such actions or initiatives as he may consider appropriate within the framework
of the mission of good offices entrusted to him by the Security Council for promoting a just
and lasting solution of the problem and to report to the General Assembly at its thirty-eighth
session on the results of his efforts;
- Decides to include in the provisional agenda of its thirty-eighth session the item entitled
'Question of Cyprus and requests the Secretary-General to follow up the implementation
of the present resolution and to report on all its aspects to the General Assembly at that
session.
Separate vote on paragraph 8
A separate vote was taken on operative paragraph 8, which was approved by 89 votes in
favour, 5 against and 27 abstentions.
Separate vote on paragraph 15
A separate vote was also taken on operative paragraph 15 which was approved by 86 votes
in favour, 8 against and 25 abstentions.
RESOLUTIONS OF THE UN
GENERAL ASSEMBLY ON MISSING PERSONS
RESOLUTION 3450 (XXX)
Adopted by the General Assembly on 9 December 1975 on the question of missing persons
in Cyprus
The General Assembly,
Recalling its resolution 3212(XXIX) of 1 November 1974,
Noting resolution 4(XXXI) of the Commission on Human Rights on 13, February 1975,
Gravely concerned about the fate of a considerable number of Cypriots who are missing as
a result of armed conflict in Cyprus,
Appreciating the work of the International Committee of the Red Cross in this field,
Reaffirming the basic human need of families in Cyprus to be informed about missing
relatives,
- Requests the Secretary-General to exert every effort in close cooperation with the
International Committee of the Red Cross in assisting the tracing of and accounting for
missing persons as a result of armed conflict in Cyprus;
- Requests the Secretary-General to provide the Commission on Human Rights at its
thirty-second session with information relevant to the implementation of the present
resolution.
Adopted at the 2433rd meeting by 106 votes to none with 26 abstentions.
RESOLUTION 32/128
Adopted by the General Assembly on 16 December 1977
on the question of missing persons in Cyprus
The General Assembly,
Concerned at the lack of progress towards the tracing of and accounting for missing
persons in Cyprus;
Expressing the hope that the informal discussions now taking place to establish a joint
committee to trace missing persons are successful,
- Requests the Secretary-General to provide his good offices through his Special
Representative in Cyprus to support the establishment of an Investigatory Body with the
participation of the International Committee of the Red Cross which would be in a position
to function impartially, effectively and speedily so as to resolve the problem without undue
delay;
- Invites the parties concerned to continue cooperating in the establishment of the
Investigatory Body and work out the modalities with a view to activating it expeditiously.
Adopted at the 105th meeting, without a vote
RESOLUTION 33/172
Adopted by the General Assembly on 20 December 1978 on the question of missing
persons in Cyprus
The General Assembly,
Reaffirming its resolution 3450(XXX) of 9 November 1975 and 32/128 of 16 December
1977 on the missing persons in Cyprus,
Regretting the delay in the implementation of these resolutions,
- Urges the establishment of the investigatory body under the chairmanship of a
representative of the Secretary-General with the cooperation of the International Committee
of the Red Cross, which would be in a position to function impartially, effectively and
speedily so as to resolve the problem without undue delay. The representative of the
Secretary-General shall be empowered, in case of disagreement, to reach a binding
independent opinion which shall be implemented;
- Calls upon the parties to cooperate fully with the investigatory body and, to this effect,
to appoint their representatives there-to forthwith;
- Requests the Secretary-General to continue his good offices, through his Special
Representatives in Cyprus, to support the establishment of the investigatory body.
Adopted at the 90th meeting by 69 votes to 6 with 55 abstentions.
RESOLUTION 36/164
Adopted by the General Assembly on 16 December 1981
on the question of missing persons in Cyprus
The General Assembly,
Recalling its previous resolutions on the question of the missing persons in Cyprus,
Reaffirming the basic human need of families to be informed, without further delay, about
the fate of their missing relatives,
Having in mind that agreement was reached, on 19 May 1979, during the high-level
meeting held in Nicosia under the auspices of the Secretary-General of the United Nations,
Welcoming also the agreement establishing the Committee on Missing Persons in Cyprus,
referred to in the report of the Secretary-General of 27 May 1981, S/14490, including the
oral agreement of 26 March 1981 concerning the attendance of representatives of the
committees of relatives of missing persons at the meetings of the Committee;
Regretting the fact that due to procedural difficulties no progress has been achieved
towards the commencement of the Committee's investigative work,
- Urges that the Committee proceed without any further delay, with its investigative work
for the tracing of and accounting for missing persons in Cyprus;
- Calls upon the parties concerned to facilitate, in a spirit of co-operation and goodwill,
the Committee on Missing Persons in carrying out its investigative task;
- Requests the Secretary-General to continue to provide his good offices for the
unhindered functioning of the Committee on Missing Persons.
Adopted at the 101st meeting, without a vote.
RESOLUTION 37/181
Adopted by the General Assembly on 17 December 1982
on the question of missing persons in Cyprus
The General Assembly,
Recalling its previous resolutions on the question of the missing persons in Cyprus,
Reaffirming the basic human need of families to be informed, without further delay, about
the fate of their missing relatives,
Expressing concern that the Committee on Missing Persons in Cyprus, the establishment
of which was announced on 22 April 1981, has failed to overcome procedural difficulties
and has achieved no progress towards the commencement of its investigative work,
Emphasizing the need for a speedy resolution of this humanitarian problem,
- Invites the Working Group on Enforced or Involuntary Disappearances of the
Commission on Human Rights to follow developments and to recommend ways and means
to the parties concerned with a view to overcoming the pending procedural difficulties of
the Committee on Mi
