Situation of human rights in the occupied part of Cyprus

Motion for an Order

Doc. 7828

2 May 1997

presented by Mr DEMETRIOU and others

The Assembly,

1.Expressing its deep concern for the lack of progress concerning the violations of human rights of the Greek Cypriots and the Maronites living in the occupied part of Cyprus, especially after the adoption of Resolution 1113 (1997);

2.Deploring the fact that the Turkish Cypriot illegal administration in the northern part of Cyprus has not allowed the Greek Cypriot teacher Eleni Foka, who lives in the Karpass area, to travel to the free areas of Cyprus for nearly six months now, despite health problems and in utter contempt of the Vienna III Agreement and the international rules and regulations that clearly call for the respect of the right of freedom of movement for all people in the world;

3.Concerned by the statement clearly made by the Secretary General of the United Nations in his report on the "Question of human rights in Cyprus" (E/CN.4/1997/48 par.15) that Greek Cypriot school children over the age of 16 for boys and 18 for girls who attend school in the southern part of Cyprus, may never return to their homes in the northern part, not even to visit. Travel within the northern part of Cyprus remains restricted for Greek-Cypriots as does access to sites of religious significance. Greek Cypriots living in the Karpass can still not bequeath fixed property to their next of kin living outside the northern part of Cyprus;

4.Referring to the decision by the European Court of Human Rights in the case of Loizidou v Turkey (40/1993/435/514) whereby the Court stated that it is obvious from the large number of troops engaged in active duties in northern Cyprus that the Turkish army exercises effective overall control. In the circumstances of the case, this entails Turkey's responsibility for the policies and actions of TRNC - thus, denial to the applicant of access to her property in northern Cyprus falls within Turkey's 'jurisdiction' for the purposes of Article 1 of the Convention and is imputable to Turkey. The establishment of state responsibility does not require examination of lawfulness of Turkey's intervention in 1974;

5.In order to improve the situation of human rights of the remaining Greek Cypriots and Maronites living in the occupied part of Cyprus, the Assembly instructs its Committee on Legal Affairs and Human Rights:

1. to examine the aforementioned gross violations of human rights;

2. to inform the Assembly as soon as possible of its findings and of possible ways and means in order to achieve substantial improvement to the present state of human rights;

3. to inform the Assembly of its implementation of the humanitarian measures recommended by the Secretary General of the United Nations;

4. to ask the Rapporteur, in relation to the honouring of obligations and commitments by member states of the Council of Europe, concerning Turkey, to include in his report on Turkey the northern part of Cyprus, on the basis of the European Court on Human Rights abovementioned decision.

Signed: (1)

Demetriou, Cyprus, EPP

Dzasokhov, Russia, SOC

Etherington, United Kingdom, SOC

Hadjidemetriou, Cyprus, SOC

Hardy, United Kingdom, SOC

Iwinski, Poland, SOC

Kautto, Finland, SOC

Laakso, Finland, UEL

Micheloyiannis, Greece, SOC

Sceberras Trigona, Malta, SOC

Sharapov, Russia, EPP

J. Thompson, United Kingdom, SOC

Wohlwend, Liechtenstein, EPP

Note: 1SOC: Socialist Group

EPP: Group of the European People's Party

EDG: European Democratic Group

LDR: Liberal, Democratic and Reformers Group

UEL: Group of the Unified European Left

NR: Not registered