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Cyprus v. Turkey , (25781/94) [2001] ECHR 327 (10 May 2001)

Facts: military operations were maintained by Turkey in northern Cyprus during the division of Cyprus in 1974. As a result of those operations several Greek-Cypriot were found missing without explanations given by the Turkish authorities.

Complaint: The State of Cyprus claimed that the failure of Turkey to carry out an effective investigation into the fate of the Greek-Cypriot missing period violated articles 2 and 5 of the Convention and that the silence of the Turkish authorities to the relatives of the missing persons amounted to inhuman treatment in violation of article 3 of the Convention. It also claimed a violation of article 1 of Protocol 1 (protection of property), article 8 and 13

Holding: the ECHR found a violation of article 3 in relation to the discriminatory living conditions of the Greek Cypriots.

Reasoning: the discriminatory living conditions as regards the Greek Cypriots maintained by Turkey in the North of the islands (isolation, restriction on freedom of movement, surveillance, little prospect of renewal or expansion of their community) attained a level of severity which amounted to degrading treatment.

 

 

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