REPORT OF THE COMMISSION (Adopted on 4 October 1983)
PART IV - CONCLUSIONS
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
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. KRGER) ( C.A. N»RGAARD)
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Last modified: Sat Aug 17 23:12:06 EDT 1996