HUMAN RIGHTS VIOLATIONS

Introduction

1. Historical Background
2. The Turkish Invasion
3. Policy and Methods of 'Ethnic Cleansing'
4. Turkey's Genocide in Cyprus
5. Turkey's Violations of International Human Rights Law
6. Turkish Violations of the European Convention on Human Rights
   
   I. The Invasion and its Aftermath (20 July 1974 to 18 May 1976) - The Period Covered by the Commission's First Report
   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.
   III. Continuing Violations of Human Rights in Cyprus (11 February 1983 to Date) - The Period Covered by the Fourth Application to the European Commission of Human Rights
7. An Overview of Turkey's Aims in Cyprus
8. The World Community's Duties Regarding Human Rights in Cyprus

ANNEX I : Conclusions of the European Commission of Human Rights in the First two Applications Included in the Report on 10 July 1976.
ANNEX II : Conclusions of the European Commission of Human Rights in the Third Application Included in the Report Adopted on 4 October 1983
ANNEX III :
1. Resolutions Adopted by the UN Security Council
2. Resolutions Adopted by the UN General Assembly
3. Resolutions Adopted by the Commission on Human Rights
4. Resolutions Adopted by the Sub-Commission on Prevention of Discrimination and Protection of Minorities
5. Decisions Adopted by the Committee on the Elimination of Racial Discrimination




Turkey's Violations of Human Rights in Cyprus

The international community's highest achievement since 1945 has been its establishment of universal standards for individual human rights and the rule that international disputes must be peacefully settled. Yet, for the small Republic of Cyprus, these standards remain vain aspirations so long as much of her territory is under occupation by the Armed Forces of the Republic of Turkey. Ever sinceTurkey's mid-1974 invasions of Cyprus hundreds of thousands of individuals, Greek and Turkish Cypriot alike, have suffered deprivation of their fundamental rights, and their unremedied injuries fester away, risking not only hostilities between neighbouring States, but disruption of international order in one of the world's most sensitive locations.
Familiarity over the last 30 years with the recurring political problems of Cyprus, combined with cynicism as to the possibility of achieving a satisfactory outcome, has led the major powers and their allies into characterising the question as basically a problem of two intransigent communities who should be left aside endlessly to negotiate their differences. This attitude enables governments throughout the world to justify passing by their moral and legal responsibilities to take active measures to restore human rights in Cyprus. The argument that negotiations are continuing between the Cypriot communities had the added advantage of avoiding any necessity of examining the Republic of Turkey, for the continuing catastrophe afflicting the people of Cyprus.

1. Historical Background

   The salient historical facts are that despite successive invasions and occupations Cyprus until 1974 had retained a predominantly Greek character. This continued even after Cyprus' conquest in 1571 by the Ottoman Empire and its partial Turkish colonization. From the inception of British rule in Cyprus (the United Kingdom assumed jurisdiction in 1878, and annexed Cyprus in 1914 following Turkey's entry into World War I) the Greek Cypriot community, constituting over 80% of the island's population, demanded union (enosis) of Cyprus with its cultural motherland, Greece. In the nineteen-fifties post-World War II era of decolonisation and claims to self-determination, the United Kingdom nonetheless declared that Cyprus would never be independent and was subject to claims by Turkey (despite the latter's unconditional renunciation in the 1923 Treaty of Lausanne of any claim to Cyprus). The EOKA independence struggle then developed. Britain responded by invoking a need to protect the minority Turkish Cypriot community (18.8% of the population). Turkey herself demanded retrocession or partition along a line giving Turks 38% of the island. It is more than coincidence that she again claimed this line in 1964, that Turks proposed it to the UN Mediator in 1965 and that it is virtually the 'Attilaline ' (so named by Turkey's Generals to inspire fear) where the Turkish Army finally halted its August 1974 invasion, and where it is to this day deployed (See annexed map). In February 1959 at Zurich, in secret diplomacy, Turkey, Greece and the United Kingdom, concluded arrangements for an independence constitution, guaranteed by them. These arrangements were imposed under duress on Cyprus and reluctantly acquiesced in by Archbishop Makarios upon threat of partition. The resultant constitution was described by world experts as the most complex, most rigid and most ethnically divisive ever devised and as a recipe for failure‚. Turkey, meanwhile, was well satisfied to bide her time, knowing that this artificial edifice would result in crisis, affording her pretext to intervene and to wreak her will on Cyprus. The core aspect of the Zurich Treaties for Turkey was that together with a "right of armed intervention" they immediately permitted her to station a Turkish Army contingent of 650 men strong enough to be operational, "militarily influential", and proving 'Turkey has gained a foothold in Cyprus"3. That there would be misjudgments and mishandling by Greek and Turkish Cypriot political leaders was inevitable in a newly independent inexperienced country just emerging from a bitter war of liberation in which there had also been inter-communal violence, which commenced at Turkey's instigation with a massacre in 1958 at Geunyeli of Greek Cypriot villagers and the burning and looting of the Greek sector of Nicosia. Indeed, preparing for continuance of such violence, Turkey, even after the Zurich Agreements, arranged for arms shipments to Turkish-officered para-militaries in Cyprus. The inflexible constitution of 1960 not only denied the 82% of the population who were Greek Cypriots their legitimate right to self-determination in the shape of that long-desired union with their motherland, Greece, but in practice even denied the great majority of the population the possibility of effective self-government and internal democracy. In these circumstances it was not unnatural that political discontent encouraged hardline sentiments in many Greek Cypriots. These were fuelled by the Turkish Cypriot political leadership's, obstruction between 1960 and 1963 - under Turkey's tutelage - of democratic decisionmaking and by Turkey's continued build-up of a Turkish-officered para-military force. The two communities were soon locked into a constitutional crisis, which became even more serious when proposals by President Makarios for amendment of the unworkable constitution were rejected out of hand by Turkey. Soon thereafter, in December 1963, illegal organisations in both communities, the product of mutual suspicion and fear stirred by Turkey's policy of dividing the two communities, clashed. From then until 1968 inter-communal violence caused grave suffering to both communities.4 When these tragic disorders began, Turkish Cypriots were clearly well prepared. Their public representatives and public servants boycotted 1960 constitutional organs, describing these as dead, and set up their own governmental arrangements in areas which by force of arms and with aid from Turkey's contingent they kept separate in order to pave the way for Turkey's policy of partitioning the island. The UN Secretary-General, reporting on this situation in 1965, stated:
   'The Turkish Cypriot leaders have adhered to a rigid stand against any measures which might involve having members of the two communities live and work together or which might place Turkish Cypriots in situations where they would have to acknowledge the authority of Government agents. Indeed, since the Turkish Cypriot leadership is committed to physical and geographical separation of the communities, as a political goal, it is not likely to encourage activities by Turkish Cypriots which may be interpreted as demonstrating the merits of an alternative policy. The result has been a seemingly deliberate policy of self-segregation by the Turkish Cypriots5. At the same time, Turkey threatened to invade Cyprus. She was only restrained from so doing by UN Security Council involvement and by President Johnson's direct intervention in 1964 and again in 1967. Indeed, during this period in order to pre-empt Turkish invasion a Greek regular armed force of 12,000 men was moved to Cyprus, but, on renewed threat of Turkish invasion, this force was - in conjunction with international diplomatic activity securing a Greek Turkish stand-off - withdrawn at the end of 1967. At the same time the political leaderships of both Greek and Turkish Cypriot communities were persuaded to begin the interminable process of inter-communal negotiation for a just settlement of the Cyprus question. The negotiations were however doomed because external powers interested in Cyprus manipulated both communities' fears and aspirations and blocked any agreement which would deny Turkey partition of the island or which would ensure the preservation of an independent non-aligned Cyprus State. There was now to be a turning point in Cyprus' history leading to catastrophe. Whatever the rights and the wrongs, actual or assumed, which preceded this turning point, the magnitude of the catastrophe and the massive suffering, ferociously and mercilessly inflicted by Turkey, was so grossly disproportionate as to vitiate any claim that she was acting in aid of the Turkish Cypriots. What followed was barbarism and atrocities.

   

2. The Turkish Invasion

   In July 1974 the then ruling Junta of Greece organised a coup d' etat against President Makarios, who was following a policy of an independent and non-aligned Cyprus in which Greek Cypriots and Turkish Cypriots would agree upon new constitutional arrangements. The coup presented Turkey with the pretext she had long sought. Alleging a right of unilateral military intervention as guarantor of the 1960 Constitution, Turkey 5 days later invaded Cyprus. In a Government communiquŽ of 20 July 1974, she declared: 'The purpose of our peaceful action is to eliminate the danger directed against the very existence of the Republic of Cyprus and the rights of all Cypriots as a whole and to restore the independence, territorial integrity and security and the order established by the basic Articles of the Constitution. Turkey, in the action she undertook as the Guarantor Power shall act with the sincere desire of co-operation with the United Nations Peace-Keeping Force in the Island in the restoration of conditions of security. On the other hand, because of the above-mentioned aim of the action, those Greek Cypriots who are wholeheartedly attached to the independence of Cyprus and to the rule of democracy in the Island, need not be concerned. Turkey's aim is to restore security and human rights without any discrimination whatsoever among the Communities. Once in Cyprus, instead of restoring the state of affairs under the 1960 Constitution and protecting the human rights of all the people of Cyprus, as was her duty and alleged justification, Turkey, despite the coup having collapsed and democratic government having been restored in Greece, on 14 August 1974 massively extended her invasion to occupy 36.4% of Cyprus, driving out well over 170,000 Greek Cypriot refugees and moving her army to the aptly named 'Attila line. That Turkey committed atrocities in the course of her invasion is scarcely surprising in view of her record in the Balkans, in Syria, in Armenia and in Anatolia and her long-standing policies of population expulsion and transfer and of discrimination against non-Turkish ethnic groups.7

   

3. Policy and Methods of "Ethnic Cleansing"

   'The case of Cyprus and Turkey's application of such policy and methods against Greek Cypriots as an ethnic and religious group. The concept and practice of 'ethnic cleansinng has been recently associated in the situation prevailing in the former Yugoslavia, and especially in Bosnia and Herzegovina and has been condemned by the International Community. The methods applied to achieve the aim of the policy of ethnic cleansing have been described as follows:
   
   1. Forcible mass displacement, deportation, expulsion, and forced evacuations of persons from their homes in flagrant violation of their human rights, aimed at the dislocation or destruction of national, ethnic, racial or religious groups through indiscriminate bombing, destruction of homes and killings of civilians as well as other forms of intimidation. Victims of ethnic cleansing are forced to flee their homes and seek rescue in areas not affected by attacks. Shelling of churches, hospitals, population centres, shooting at innocent civilians, cutting off of supplies of food and other essential goods as well as wanton devastation and destruction of property are methods of intimidation used.

   2. Detention of both combatants and civilians in concentration camps, schools, factories and other unrecognized detention facilities. Civilians are detained in order to force them to leave their homes as part of the policy of ethnic cleansing.

   3. Systematic execution of prisoners and innocent civilians, torture and mistreatment including rape of persons belonging to a certain ethnic group.

   4. Massive occurrence of disappearances of persons belonging to a certain ethnic group.

   5. Creation of 'faits accompliss by the use of force against members of a certain ethnic group, division on ethnic basis.
      

   6. Racial discrimination practiced against members of a certain ethnic group, and fostering of hatred and violence.
      In Cyprus, the same policies of ethnic cleansing have been applied by Turkey against the Greek Cypriot community resulting in the massive violation of human rights, the forcible division of the country and its people, the colonization of the occupied areas by ethnic Turks, the forcible displacement of one third of the population, disappearances etc. By her invasion and occupation of 37 percent of the territory of Cyprus, Turkey has committed and continues to commit grave violations of the human rights of the Greek Cypriots manifested in the following methods of 'ethnic cleansing.

   7. In the course of the military operations and occupation, Turkish armed forces have, by way of systematic conduct adopted a practice of 'ethnic cleansing, caused deprivation of life, including indiscriminate killings of civilians, by bombing of civilian targets and hospitals and cold blooded murders. They have subjected persons of both sexes and all ages to torture, inhuman degrading treatment or punishment, including commission of rapes, they have detained arbitrarily and with no lawful authority hundreds of persons in Cyprus and in Turkey, subjecting the said persons to forced labour. They have forcibly displaced thousands of persons from their homes and they have refused to allow them to return thereto; they have caused separation of families and other interferences with private life; they have caused destruction of property and obstruction of free enjoyment of property. All the above acts have been directed exclusively against Greek Cypriots because of their national origin, race and religion.

   8. In the course of the continuing military occupation of 37 percent of the territory of the Republic of Cyprus, the Turkish army, under the actual and exclusive authority and control of the government of Turkey, committed and continues to commit the following atrocities and crimes:
      
      1. Murders in cold blood of civilians, including women and old men as well as children between 6 months and eleven years. Hundreds of killings of Greek Cypriots by Turkish forces have been reported.
         
      2. 1,619 persons who disappeared are still missing. These persons, 993 soldiers and 626 civilians, amongst them 112 women and 26 children under the age of 16, have been missing since the Turkish invasion of Cyprus in 1974 and as a direct consequence of it. Most of these persons were arrested by Turkish soldiers and were known to be alive in the occupied area or in detention in Turkey long after the cessation of hostilities. Despite the adoption of a number of United Nations resolutions and the establishment of a Committee on Missing Persons in 1981, the fate of the 1,619 missing persons has not yet been ascertained because of obstacles put forward by the Turkish side and because of lack of any cooperation on its part.
         
      3. Wholesale and repeated rapes.
      4. Forcible eviction and diplacement of persons from their homes and land. The nearly 200,000 Greek Cypriots who were forcibly expelled from their homes by the Turkish invading forces in 1974, are still being prevented by the Turkish occupation army of returning to their homes in the occupied area and are destitute refugees in their own country. It should be recalled that all relevant United Nations resolutions call for the instituting of urgent measures for the voluntary return of the refugees to their homes in safety. Twenty years have elapsed since then and Turkey arrogantly refuses to implement these resolutions that would enable the refugees to return to their homes and lands. Turkey's 40,000 strong occupation army continues to occupy nearly 37 percent of Cyprus' territory and forcibly prevents any movement of Greek Cypriots to the occupied area.
      5. Expulsion of the enclaved. Out of the 20,000 Greek Cypriots, who remained enclaved in the occupied area after the invasion only a few hundred remain now in the Karpass peninsula, at the Eastern corner of Cyprus. This is the result of a sustained campaign of harassment, discrimination and oppression by the occupation forces which led to outright expulsion and gradual deterioration of the living conditions of the enclaved. Inhuman methods used to force the remaining Greek Cypriots to leave the occupied area included: killings, looting, restrictions on movement, religion, education and work, threats, violence, intimidation, harassment, forced labour e.t.c. Under international pressure, the Turkish Cypriot side agreed in Vienna, in August 1975, that Greek Cypriots in the occupied area would be free to stay and that their families would be free to join them. The agreement known as the Vienna III agreement, also stipulated that the enclaved 'be given help to lead a normal life including facilities for education and for the practice of their religion, as well as medical care by doctors of their own community. Despite the agreement reached, the regime in the occupied area has applied racist and inhuman policies against the Greek Cypriot enclaved in order to force them to leave their lands and make room for imported settlers from Turkey.
      6. Looting of houses and business premises belonging to Greek Cypriots.
      7. Seizure, appropriation, exploitation and distribution of land, houses, enterprises and industries belonging to Greek Cypriots. The Greek Cypriots who were forcibly expelled from their homes, continue to be arbitrarily deprived of their properties in the occupied area. Such properties are being illegally distributed by the Turkish occupation forces to persons other than their legal owners, including members of the Turkish occupation army and to Turkish mainland settlers.
         
      8. Thousands of Greek Cypriot civilians of all ages and both sexes were arbitrarily detained by the Turkish military authorities in the occupied areas under inhuman conditions. Concentration camps were established. Greek Cypriot detainees and inhabitants of the Turkish occupied area fell victims of systematic torture and of other inhuman or degrading treatment.
         
      9. Forced labour. A great number of detainees, were made during their detention, to perform forced and compulsory labour. Even today the few Greek Cypriot men residing in the Karpass peninsula in the occupied area, are forced to clean every Friday the 'Police station' of the village of Rizokarpasso.
      10. Separation of families. Many families are still separated as a result of some of the crimes described above, such as detention and forcible eviction. It should be mentioned in this respect that due to the refusal of the Turkish occupation authorities to allow the operation of Secondary Schools for the Greek Cypriot enclaved children, the latter, when they reach the age of 12 and wish to pursue secondary school studies, they have no choice but to go to the government controlled area to attend school there. These children are not allowed by the Turkish occupation regime to visit their parents in the occupied area, except at Christmas, Easter and during summer vacations. When boys reach the age of 16 and girls the age of 18 they are not allowed to return to the occupied area even to visit their parents during holidays. Relatives of enclaved living in the government controlled area are not allowed to visit them in the occupied area, even in case of deaths and funerals of relatives. The separation of families under such inhuman policies, is a method of 'ethnic cleansing used to force the few remaining in the occupied area Greek Cypriots to leave their homes and flee to the government controlled area to join their relatives.
      11. The occupying forces continue to plunder and systematically destroy the Cypriot cultural heritage in the occupied part of the island. Religious property is a particular target in an attempt to destroy the cultural identity of the occupied area. Greek Orthodox churches continue to be converted into mosques, vandalized or turned into entertainment centres, livestock pens, barns, pubs and clubs. Antiquities, mosaics and even frescoes are being removed and smuggled to international dealers. The aim: to eradicate the 9,000 year old cultural heritage in the occupied area and create an artifical one 'ethnically cleansed, suitable to the political designs of the occupying power. The aforementioned atrocities and criminal acts were and continue to be directed against Greek Cypriots because of their ethnic origin, race and religion. The purpose has been to destroy and eradicate the Greek Cypriot population of the occupied areas so as to move therein Turks, thus changing the demographic structure of Cyprus and creating by artificial means a Turkish populated area in furtherance of Turkey's policy for the geographical separation of the two communities, the secession of the occupied part and its ultimate annexation to Turkey.
          It is estimated that more than 80,000 Turkish mainland settlers were transferred to the occupied area and were given the homes and properties belonging to the Greek Cypriots who were expelled therefrom. Such settlers were given 'citizenship and 'voting rights in an attempt to adulterate the will of the Turkish Cypriot community and provide support to the occupation regime.
          The colonization policy of Turkey was fully confirmed and exposed by a Parliamentary Assembly of the Council of Europe mission, conducted by Spanish parliamentarian Alfons Cuco, who visited Cyprus and reported about the extensive colonization of the occupied area with mainland Turks, a policy which he characterized as an obstacle to the finding of a solution to Cyprus problem. The Parliamentary Assembly, based on the report submitted by Mr. Cuco, condemned such colonization by recommendation 1197 adopted on 7 October 1992.
          The Commission of Human Rights of the Council of Europe having examined the three recourses of the Cyprus government against Turkey for multiple violations of the European Convention of Human Rights (Applications Nos: 6780/74, 6950/75 an 8007/77 in the cases Cyprus against Turkey), adopted two reports on 10 July 1976 and 4 October 1983 respectively. The Commission, an impartial international judicial tribunal, having carefully evaluated evidence, has found Turkey guilty of grave violations of human rights in Cyprus from 1974 onwards.
          The conclusion arrived at by the European Commission in its two reports mentioned above, are analyzed below in section 5 (and are reproduced in Annexes I & II for easy reference). It suffices to emphasize in this respect that one of the conclusions reached by the Commission in both reports reads as follows: '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 the 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. A policy of 'ethnic cleansing implemented by Turkey against the Greek Cypriots was confirmed and recorded as such by one of the most impartial judicial bodies, the European Commission of Human Rights.
          

   

4. Turkey's Genocide in Cyprus

   Turkey's analysis of conduct in terms of Article II of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide makes it clear that Turkey committed a species of genocide as respects the Greek Cypriot community. Turkey intended to destroy the Greek Cypriots as an ethnic and religious group in the occupied area by deliberately inflicting on it conditions of life calculated to bring about its physical destruction in part and its total and permanent displacement from the occupied part of Cyprus. Unfortunately no international judicial machinery is available to arraign Turkey as she has not recognised yet the jurisdiction of the International Court of Justice.

   

5. Turkey's Violations of International Human Rights Law

   Not only has Turkey flouted international law as codified in the Genocide Convention, but she has also disregarded the UN Charter, UN resolutions, the UN International Covenants on Human Rights, the Hague Regulations, the 1949 Geneva Conventions (setting minimum standards of treatment of soldiers and civilians in time of armed conflict and during occupation thereafter) and the European Convention on Human Rights and its Protocols.
   In these circumstances it is proper to add that States which provided Turkey with arms used in the 1974 invasions, or aid her by still supplying arms, tanks and aircraft used to this day by the Turkish Army in its continuing occupation of Cyprus to keep 200,000 refugees away from their homes, or which permit their corporations to loot or assist in disposing of looted property of Greek Cypriot refugees, are not merely condoning such actions but are giving comfort and assistance to Turkey in her breaches of international human rights law. Such States have responsibility under municipal law (e.g. the U.S. Foreign Assistance Act and the U.K. Companies Act) and under international law to ensure that so far as is within their power such illegalities are stopped. The only accessible and effective machinery for establishing Turkey's multiple violations of international human rights law has been that of the European Convention on Human Rights. Cyprus therefore invoked the jurisdiction of the European Commission of Human Rights in September 1974, in July 1975 and September 1977. In consequence the Commission, an impartial international judicial tribunal, having carefully evaluated evidence, has found Turkey guilty of grave violations of human rights in Cyprus from 1974 onwards. Accordingly, rather than categorising Turkey's many breaches of international human rights law under the numerous applicable Conventions, detailed analysis will concentrate on Turkey's breaches of the European Convention on Human Rights.
   

   

6. 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'
   

   1. 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
      
   2. 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.
   3. 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.
   4. 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:
   
   1. 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).
      
   2. 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).
      
   3. 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:
      1. 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;
      2. 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 faade 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:
   

   1. 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).
      
   2. 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).
      
   3. 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).
      
   4. 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).
   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).
      
   6. 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:
   1. 'Inhuman or degrading treatmentt (Article 3);
      
   2. 'The right to liberty and security off persons (Article 5);
      
   3. 'Fair and public hearing by an independent and impartial tribunal established by law (Article 6);
      
   4. 'The right to respect for his private and family life, his home.... (Article 8);
      
   5. '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:
      1. Oppressive acts by Anatolian settlers from Turkey, encouraged and or countenanced by the presence of the Turkish Armed Forces; and
      2. 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:
   

   1. Article 1 (General Clause)
   2. Article 2 (right to life)
   3. Article 3 (prohibition of torture and inhuman or degrading treatment or punishment)
      
   4. Article 4 (prohibition of slavery, servitude and forced or complusory labour)
      
   5. Article 5 (liberty and security of person)
   6. Article 6 (right to a fair trial by an independent and impartial tribunal)
   7. Article 8 (respect of private and family life)
   8. Article 9 (freedom of thought, conscience and religion)
   9. Article 11 (freedom of assembly and association with others)
   10. Article 13 (right to an effective remedy against violations or the rights guaranteed by the Convention)

   1. Article 1 of Protocol 1 (protection of property)
   2. Article 2 of Protocol 1 (right to education)
   3. Article 3 of Protocol 1 (free elections)
   4. Article 14 (prohibition of discrimination in the enjoyment of these rights)
   5. 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.

   

7. An Overview of Turkey's Aims in Cyprus

   Large-scale and systematic violations of human rights by States can only be the consequence of deliberately designed State policies. This is particularly true of Turkey's human rights violations in Cyprus where Turkey has, and for more than 30 years has had, clear long-term policy goals:
   1. to secure a military foothold in Cyprus;
   2. to expand this foothold by seizing up to 38% of the island;
   3. to Turkify the occupied part so far as possible by driving out all Greek Cypriots and settling the area with Anatolian settlers and Turkish Cypriots transferred from the free area;
      
   4. to install a puppet regime under Turkish direction;
   5. economically to integrate the occupied area with Turkey's economy;
   6. to keep a large Turkish Army permanently stationed on Cyprus (claimed by her to be essential for Turkish 'security');
   7. to recover Turkey's power- as under the Ottoman Empire - to decide the island's fate;
      
   8. to seize the portion of Cyprus that she has not as yet occupied.

   

8. 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
   

   1. 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.
      
   2. 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.
   3. 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.
   4. 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
      
   5. 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.
   6. 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.
   7. 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.
   8. 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.
      
   9. 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
      
   10. The Commission, by twelve votes against one vote and with three abstentions, considers that no further issue arises under Art. 1 of the Convention.
   11. 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.
       
   12. 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.
       
   13. 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:

   1. 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.
   2. 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.
      
   3. 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.
   4. 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.
   5. 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.
   6. 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),

   1. 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;
   2. 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;
      
   3. 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;
   4. 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;
   5. 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;
   6. 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;
      
   7. 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;
      
   8. Reiterates its call to all parties to cooperate fully with UNFICYP in carrying out its tasks;
   9. 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

   1. Reaffirms its resolution 541(1983) and calls for its urgent and effective implementation,
   2. 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;
      
   3. 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;
   4. Calls upon all States to respect the sovereignty, independence, territorial integrity, unity and non-alignment of the Republic of Cyprus;
   5. 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;
      
   6. 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;
      
   7. Requests the Secretary-General to promote the urgent implementation of Security Council resolution 541(1983);
      
   8. 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;
   9. Calls upon all parties to cooperate with the Secretary-General in his mission of good offices;
      
   10. 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;
       
   11. 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,

   1. 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;
      
   2. 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;
      
   3. Considers that the constitutional system of the Republic of Cyprus concerns the GreekCypriot and Turkish-Cypriot communities;
      
   4. 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;
   5. 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;
   6. 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;
   7. 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;
      
   8. Calls upon all parties to continue to cooperate fully with the United Nations PeaceKeeping Force in Cyprus, which may be strengthened if necessary;
   9. Requests the Secretary-General to continue to lend his good offices to the parties concerned;
      
   10. 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,

   1. 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;
   2. 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;
      
   3. 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;
      
   4. 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;
      
   5. 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;
   6. Urges all parties to refrain from unilateral action in contravention of its resolution 3212(XXIX), including changes in the demographic structure of Cyprus;
   7. Requests the Secretary-General of the United Nations to continue his role in the negotiations between the representatives of the two communities;
   8. 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;
      
   9. Calls upon all parties to continue to cooperate fully with the United Nations PeaceKeeping Force in Cyprus;
      
   10. 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,

   1. 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;
      
   2. 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;
      
   3. Demands the immediate withdrawal of all foreign armed forces and foreign military presence from the Republic of Cyprus;
      
   4. Requests the Secretary-General to continue to provide his good offices for the negotiations between the representatives of the two communities;
   5. 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;
   6. 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;
   7. 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;
   8. 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;
      
   9. 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,
   

   1. 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;
      
   2. Expresses its support for the ten-point agreeement of 19 May 1979, concluded under the auspices of the Secretary-General;
      
   3. 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;
      
   4. 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;
      
   5. Demands the immediate withdrawal of all foreign armed forces and foreign military presence from the Republic of Cyprus;
      
   6. Requests the Secretary-General to continue to provide his good offices for the negotiations between the representatives of the two communities;
   7. 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;
   8. 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;
   9. 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;
   10. Welcomes the proposal for the total demilitarization of Cyprus;
   11. 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;
   12. 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;
       
   13. 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;
       
   14. 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;
       
   15. 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;
       
   16. 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,
   

   1. 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;
      
   2. 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;
      
   3. 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;
   4. Welcomes the proposal for total demilitarization made by the President of the Republic of Cyprus;
      
   5. Expresses its support for the high-level agreements of 12 February 1977 and 19 May 1979 and all the provisions thereof;
      
   6. 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;
      
   7. 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;
   8. Demands the immediate withdrawal of all occupation forces from the Republic of Cyprus;
      
   9. Commends the intensification of the efforts made by the Secretary-General, while noting with concern the lack of progress in the intercommunal talks;
   10. 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;
       
   11. 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;
       
   12. 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;
   13. 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;
   14. 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;
       
   15. 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;
   16. 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;
   17. 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,
   

   1. 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;
   2. 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,

   1. 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;
      
   2. 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,

   1. 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;
   2. Calls upon the parties to cooperate fully with the investigatory body and, to this effect, to appoint their representatives there-to forthwith;
   3. 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,

   1. Urges that the Committee proceed without any further delay, with its investigative work for the tracing of and accounting for missing persons in Cyprus;
   2. 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;
   3. 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,

   1. 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 Missing Persons in Cyprus and in cooperation with it to facilitate the effective implementation of its investigative work on the basis of the existing relevant agreements;
      
   2. Calls upon all parties concerned to facilitate such investigation in a spirit of co-operation and goodwill;
      
   3. Requests the Secretary-General to continue to provide his good offices with a view to facilitating the work of the Committee on Missing Persons in Cyprus. Adopted at the 110th meeting, without a vote.

   
   

   RESOLUTIONS ADOPTED BY THE COMMISSION ON HUMAN RIGHTS ON THE QUESTION OF HUMAN RIGHTS IN CYPRUS

   RESOLUTION 4(XXXI) OF THE COMMISSION ON HUMAN RIGHTS
   Adopted 13.2.75 on the Question of Human Rights in Cyprus

   The Commission of Human Rights,
   Guided by the principles and purposes of the Charter of the United Nations, Mindful of the Universal Declaration of Human Rights and the relevant international instruments in particular the provisions of the Geneva Conventions of August 1949, Bearing in mind General Assembly resolution 3212 (XXIX), Alarmed by the continuation of the Cyprus crisis, Expressing the hope that negotiations now under way in Cyprus and referred to in paragraph 4 of General Assembly resolution 3212 (XXIX) will also help to alleviate human suffering on the island,
   

   1. Calls upon all parties concerned to adhere strictly to the principles of the United Nations Charter, international instruments in the field of human rights, and the relevant resolutions of the General Assembly and the Security Council and to undertake urgent measures for the return of all refugees to their homes in safety;
   2. Calls for the intensification of efforts aimed at tracing and accounting for missing persons;
      
   3. Expresses its support for the General Assembly's request to the Secretary-General to continue to lend his good offices to the parties concerned and to provide United Nations humanitarian assistance to all parts of the population in Cyprus;
   4. Requests the Secretary-General to provide the Commission on Human Rights at its thirty-second session with the information relevant to the implementation of the present resolution.
      Adopted at the 1305th meeting, without a vote.

   RESOLUTION 4(XXXII) OF THE COMMISSION
   ON HUMAN RIGHTS
   Adopted on 27.2.76 on the Question of Human Rights in Cyprus

   The Commission of Human Rights,
   Guided by the principles and purposes of the United Nations, Mindful of the Universal Declaration of Human Rights and the relevant international instruments in particular the provisions of the Geneva Conventions of 12 August 1949, Noting General Assembly resolutions 3395(XXX) and 3450(XXX), Reaffirming its resolution 4(XXXI) and deeply concerned by the lack of progress in its implementation,
   Recalling resolution 1 (XXVII) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities,
   Deeply concerned by the continuation of the Cyprus crisis and the continuing plight of the displaced persons in Cyprus,
   Mindful of the need to solve the humanitarian problems and restore human rights in Cyprus without further delay,
   Recommending to the communities to do their utmost to find a just and lasting peaceful solution to the Cyprus problem based on respect of the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus, which solution will also guarantee the full enjoyment in mutual confidence by the whole population of Cyprus of all human rights and fundamental freedoms,
   Noting the report of the Secretary-General under General Assembly resolution 3450(XXX) and its own resolution 4(XXXI) and expressing appreciation therefor, Appreciating the fact that the time factor has not enabled the Secretary-General to complete his task under General Assembly resolution 3450(XXX),

   1. Renews its call upon the parties concerned to undertake urgent measures to facilitate the voluntary return of all refugees and displaced persons to their homes in safety and to settle all other aspects of the refugee problem;
   2. Urges all parties to refrain from unilateral actions in contravention of the relevant United Nations resolutions, including changes in the demographic structure of Cyprus;
   3. Requests the Secretary-General to continue and intensify his efforts under General Assembly resolution 3450(XXX) in respect of missing persons in Cyprus and calls upon the parties concerned to co-operate with the Secretary-General in the fulfilment of his task;
   4. Requests the Secretary-General to provide the Commission on Human Rights at its thirty-third session with the information relevant to the implementation of the present resolution.
      
   5. Decides to consider the question of human rights in Cyprus at its thirty-third second session.

   Adopted at the 1369th meeting, without a vote.

   RESOLUTION 17(XXXIV) OF THE COMMISSION ON HUMAN RIGHTS Adopted on 7.3.78 on the Question of Human Rights in Cyprus

   The Commission of Human Rights,
   Guided by the purposes and principles of the United Nations, Mindful of the Universal Declaration of Human Rights and other relevant international instruments in the field of human rights, Noting General Assembly resolutions 3212(XXIX), 3395(XXX), 3450(XXX), 31/12, 32/13, 32/15 and 32/128,
   Recalling its previous resolutions 4(XXXI) and 4 (XXXII), Mindful of the need to restore human rights in Cyprus without delay, Recommending to the communities to do their utmost to find a just and lasting peaceful solution to the Cyprus problem based on respect of the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus, Noting with appreciation the report of the Secretary-General under General Commission decision 6(XXXIII) (E/CN. 4/1725),
   

   1. Reiterates its previous calls for the full restoration of all human rights to the population of Cyprus, in particular to the refugees;
   2. Expresses its appreciation to the Secretary-General for all his efforts and hopes that the agreement of 12 February 1977 towards reaching a solution of various aspects of the Cyprus problem may constitute an important step in the search for a lasting peaceful solution to the Cyprus problem;
      
   3. Requests the Secretary-General to provide the Commission on Human Rights at its thirty-fifth session with information relevant to the implementation of the present resolution;
      
   4. Decides to consider the question of human rights in Cyprus at its thirty-fifth session. Adopted at the 1470th meeting, without a vote.

      RESOLUTION 1987/50 OF THE COMMISSION ON HUMAN RIGHTS
      Adopted on 11.3.1987 on the Question of Human Rights in Cyprus
      The Commission of Human Rights,
      Guided by the purposes and principles of the United Nations, Mindful of the Universal Declaration of Human Rights and other relevant international instruments in the field of human rights, Noting General Assembly resolutions 3212 (XXIX) of 1 November 1974, 3395(XXX) of 20 November 1975, 3450(XXX) of 9 November 1975, 31/12 of 12 November 1976, 32/15 of 9 November 1977, 32/128 of 16 December 1977, 34/30 of 20 November 1979, 37/181 of 17 December 1982 and 37/253 of 13 May 1983, Noting also Security Council resolutions on Cyprus and in particular resolutions 541(1983) of 18 November 1983 and 550(1984) of 11 May 1984, Recalling its previous resolutions 4(XXXI) of 13 February 1975, 4(XXXII) of 27 February 1976 and 17(XXXIV) of 7 March 1978, Mindful of the need to restore human rights in Cyprus without delay, Reaffirming the basic human need of families to be informed without further delay, about the fate of their missing relatives,
      Alarmed by the fact that changes in the demographic structure of Cyprus are continuing with the influx of great numbers of settlers, Recommending that the interested parties do their utmost to find a just and lasting solution to the Cyprus problem, based on respect for the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus and on the restoration and safeguarding of the human rights of all Cypriots, Noting the report of the Secretary-General (E/CN. 4/1987/19) under Commission decision 1986/103 of 12 March 1986);
      

   5. Reiterates its previous calls for the full restoration of all human rights to the population of Cyprus, in particular to the refugees;
   6. Considers attempts to settle any part of Varosha by people other than its inhabitants as illegal and calls for the immediate cessation of such activities;
   7. Calls for the tracing of and accounting for missing persons in Cyprus without any further delay;
      
   8. Calls for the restoration and 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;
      
   9. Requests the Secretary-General to provide the Commission on Human Rights at its forty-fourth session, with information relevant to the implementation of the present resolution;
      
   10. Decides to consider the question of human rights in Cyprus at its forty-fourth session. Adopted at the 56th meeting by 25 votes to 3, with 15 abstentions.

   RESOLUTION OF THE SUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES

   Adopted on 2nd September 1987

   1987/19 Violations of Human Rights in Cyprus
   The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Gravely concerned about the continuation of gross and systematic violations of human rights in Cyprus,
   Recalling its resolutions 1(XXVIII) and 8(XXXI) relating to the return of the refugees and displaced persons to their homes in safety and the full restoration of human rights in Cyprus, respectively, and regretting the delay in the implementation of these resolutions, Recognizing that the Secretary-General is seized with the question of resolving the Cyprus problem,
   Disturbed by the lack of any success of the Ad Hoc Committee on Missing Persons in Cyprus, after so many years of deliberations, to discover the fate of the missing persons in Cyprus,
   Expressing its concern about the anguish and sorrow of the families of the missing persons of Cyprus, who have the right to know the fate of their relatives, Further disturbed by the statement made during the consideration of this item at the present session concerning the implantation of thousands of settlers from Turkey in the occupied territories in Cyprus,
   Considering that the withdrawal of all foreign armed forces from the Republic of Cyprus will contribute to the restoration of human rights and fundamental freedoms of all Cypriots,

   1. Demands the full restoration of all human rights to the whole population of Cyprus, including the freedom of movement, the freedom of settlement and the right to property;
   2. Expresses its great concern and anguish about the fate of the missing persons;
   3. Expresses its concern also at the policy and practice of the implantation of settlers in the occupied territories of Cyprus which constitute a form of colonialism and attempt to change illegally the demographic structure of Cyprus;
   4. Decides that the question of human rights in Cyprus should be considered in the context of item 4 of the agenda for its fortieth session.

   Adopted at its 35th session by 16 votes to none with 3 abstentions.

   RESOLUTIONS ADOPTED BY THE COMMISSION ON HUMAN RIGHTS ON THE QUESTION OF HUMAN RIGHTS IN CYPRUS
   RESOLUTION 4(XXXI) OF THE COMMISSION ON HUMAN RIGHTS
   Adopted 13.2.75 on the Question of Human Rights in Cyprus

   The Commission of Human Rights,
   Guided by the principles and purposes of the Charter of the United Nations, Mindful of the Universal Declaration of Human Rights and the relevant international instruments in particular the provisions of the Geneva Conventions of August 1949, Bearing in mind General Assembly resolution 3212 (XXIX), Alarmed by the continuation of the Cyprus crisis, Expressing the hope that negotiations now under way in Cyprus and referred to in paragraph 4 of General Assembly resolution 3212 (XXIX) will also help to alleviate human suffering on the island,
   

   1. Calls upon all parties concerned to adhere strictly to the principles of the United Nations Charter, international instruments in the field of human rights, and the relevant resolutions of the General Assembly and the Security Council and to undertake urgent measures for the return of all refugees to their homes in safety;
   2. Calls for the intensification of efforts aimed at tracing and accounting for missing persons;
      
   3. Expresses its support for the General Assembly's request to the Secretary-General to continue to lend his good offices to the parties concerned and to provide United Nations humanitarian assistance to all parts of the population in Cyprus;
   4. Requests the Secretary-General to provide the Commission on Human Rights at its thirty-second session with the information relevant to the implementation of the present resolution.
      
   Adopted at the 1305th meeting, without a vote.

   RESOLUTION 4(XXXII) OF THE COMMISSION
   ON HUMAN RIGHTS
   Adopted on 27.2.76 on the Question of Human Rights in Cyprus
   

   The Commission of Human Rights,
   Guided by the principles and purposes of the United Nations, Mindful of the Universal Declaration of Human Rights and the relevant international instruments in particular the provisions of the Geneva Conventions of 12 August 1949, Noting General Assembly resolutions 3395(XXX) and 3450(XXX), Reaffirming its resolution 4(XXXI) and deeply concerned by the lack of progress in its implementation,
   Recalling resolution 1 (XXVII) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities,
   Deeply concerned by the continuation of the Cyprus crisis and the continuing plight of the displaced persons in Cyprus,
   Mindful of the need to solve the humanitarian problems and restore human rights in Cyprus without further delay,
   Recommending to the communities to do their utmost to find a just and lasting peaceful solution to the Cyprus problem based on respect of the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus, which solution will also guarantee the full enjoyment in mutual confidence by the whole population of Cyprus of all human rights and fundamental freedoms,
   Noting the report of the Secretary-General under General Assembly resolution 3450(XXX) and its own resolution 4(XXXI) and expressing appreciation therefor, Appreciating the fact that the time factor has not enabled the Secretary-General to complete his task under General Assembly resolution 3450(XXX),

   1. Renews its call upon the parties concerned to undertake urgent measures to facilitate the voluntary return of all refugees and displaced persons to their homes in safety and to settle all other aspects of the refugee problem;
   2. Urges all parties to refrain from unilateral actions in contravention of the relevant United Nations resolutions, including changes in the demographic structure of Cyprus;
   3. Requests the Secretary-General to continue and intensify his efforts under General Assembly resolution 3450(XXX) in respect of missing persons in Cyprus and calls upon the parties concerned to co-operate with the Secretary-General in the fulfilment of his task;
   4. Requests the Secretary-General to provide the Commission on Human Rights at its thirty-third session with the information relevant to the implementation of the present resolution.
      
   5. Decides to consider the question of human rights in Cyprus at its thirty-third second session.

   Adopted at the 1369th meeting, without a vote.

   RESOLUTION 17(XXXIV) OF THE COMMISSION ON HUMAN RIGHTS Adopted on 7.3.78 on the Question of Human Rights in Cyprus

   The Commission of Human Rights,
   Guided by the purposes and principles of the United Nations, Mindful of the Universal Declaration of Human Rights and other relevant international instruments in the field of human rights, Noting General Assembly resolutions 3212(XXIX), 3395(XXX), 3450(XXX), 31/12, 32/13, 32/15 and 32/128,
   Recalling its previous resolutions 4(XXXI) and 4 (XXXII), Mindful of the need to restore human rights in Cyprus without delay, Recommending to the communities to do their utmost to find a just and lasting peaceful solution to the Cyprus problem based on respect of the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus, Noting with appreciation the report of the Secretary-General under General Commission decision 6(XXXIII) (E/CN. 4/1725),
   

   1. Reiterates its previous calls for the full restoration of all human rights to the population of Cyprus, in particular to the refugees;
   2. Expresses its appreciation to the Secretary-General for all his efforts and hopes that the agreement of 12 February 1977 towards reaching a solution of various aspects of the Cyprus problem may constitute an important step in the search for a lasting peaceful solution to the Cyprus problem;
      
   3. Requests the Secretary-General to provide the Commission on Human Rights at its thirty-fifth session with information relevant to the implementation of the present resolution;
      
   4. Decides to consider the question of human rights in Cyprus at its thirty-fifth session. Adopted at the 1470th meeting, without a vote.

   RESOLUTION 1987/50 OF THE COMMISSION ON HUMAN RIGHTS Adopted on 11.3.1987 on the Question of Human Rights in Cyprus The Commission of Human Rights,
   Guided by the purposes and principles of the United Nations, Mindful of the Universal Declaration of Human Rights and other relevant international instruments in the field of human rights, Noting General Assembly resolutions 3212 (XXIX) of 1 November 1974, 3395(XXX) of 20 November 1975, 3450(XXX) of 9 November 1975, 31/12 of 12 November 1976, 32/15 of 9 November 1977, 32/128 of 16 December 1977, 34/30 of 20 November 1979, 37/181 of 17 December 1982 and 37/253 of 13 May 1983, Noting also Security Council resolutions on Cyprus and in particular resolutions 541(1983) of 18 November 1983 and 550(1984) of 11 May 1984, Recalling its previous resolutions 4(XXXI) of 13 February 1975, 4(XXXII) of 27 February 1976 and 17(XXXIV) of 7 March 1978, Mindful of the need to restore human rights in Cyprus without delay, Reaffirming the basic human need of families to be informed without further delay, about the fate of their missing relatives,
   Alarmed by the fact that changes in the demographic structure of Cyprus are continuing with the influx of great numbers of settlers, Recommending that the interested parties do their utmost to find a just and lasting solution to the Cyprus problem, based on respect for the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus and on the restoration and safeguarding of the human rights of all Cypriots, Noting the report of the Secretary-General (E/CN. 4/1987/19) under Commission decision 1986/103 of 12 March 1986);
   

   1. Reiterates its previous calls for the full restoration of all human rights to the population of Cyprus, in particular to the refugees;
   2. Considers attempts to settle any part of Varosha by people other than its inhabitants as illegal and calls for the immediate cessation of such activities;
   3. Calls for the tracing of and accounting for missing persons in Cyprus without any further delay;
      
   4. Calls for the restoration and 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;
      
   5. Requests the Secretary-General to provide the Commission on Human Rights at its forty-fourth session, with information relevant to the implementation of the present resolution;
      
   6. Decides to consider the question of human rights in Cyprus at its forty-fourth session. Adopted at the 56th meeting by 25 votes to 3, with 15 abstentions.

   

   RESOLUTION OF THE SUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES

   Adopted on 2nd September 1987

   1987/19 Violations of Human Rights in Cyprus The Sub-Commission on Prevention of Discrimination and Protection of Minorities, Gravely concerned about the continuation of gross and systematic violations of human rights in Cyprus,
   Recalling its resolutions 1(XXVIII) and 8(XXXI) relating to the return of the refugees and displaced persons to their homes in safety and the full restoration of human rights in Cyprus, respectively, and regretting the delay in the implementation of these resolutions, Recognizing that the Secretary-General is seized with the question of resolving the Cyprus problem,
   Disturbed by the lack of any success of the Ad Hoc Committee on Missing Persons in Cyprus, after so many years of deliberations, to discover the fate of the missing persons in Cyprus,
   Expressing its concern about the anguish and sorrow of the families of the missing persons of Cyprus, who have the right to know the fate of their relatives, Further disturbed by the statement made during the consideration of this item at the present session concerning the implantation of thousands of settlers from Turkey in the occupied territories in Cyprus,
   Considering that the withdrawal of all foreign armed forces from the Republic of Cyprus will contribute to the restoration of human rights and fundamental freedoms of all Cypriots,

   1. Demands the full restoration of all human rights to the whole population of Cyprus, including the freedom of movement, the freedom of settlement and the right to property;
   2. Expresses its great concern and anguish about the fate of the missing persons;
   3. Expresses its concern also at the policy and practice of the implantation of settlers in the occupied territories of Cyprus which constitute a form of colonialism and attempt to change illegally the demographic structure of Cyprus;
   4. Decides that the question of human rights in Cyprus should be considered in the context of item 4 of the agenda for its fortieth session.

   Adopted at its 35th session by 16 votes to none with 3 abstentions.

   

   DECISIONS ADOPTED BY THE COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION

   3 (XI) INFORMATION SUPPLIED BY CYPRUS RELATING TO CONDITIONS IN CYPRUS

   The Committee on the Elimination of Racial Discrimination, Having considered the information provided by the representative of Cyprus at the 234th meeting of the Committee, on 8 April 1975, to the effect that the Government of Cyprus is being prevented from fulfilling its obligations under the Convention in a part of its territory and that racial discrimination is being practised therein,

   1. Expresses its concern at the information laid before the Committee and its hope for a speedy normalization of conditions in Cyprus;
   2. Invites the Government of Cyprus to provide it with such additional information as may be available to it for consideration by the Committee at its twelfth session.

   Adopted at the 235th meeting, on 8 April 1975.

   1(XII) Information Supplied by Cyprus Relating to Conditions in Cyprus The Committee on the Elimination of Racial Discrimination, Taking note of the supplementary report submitted by the Government of Cyprus in response to Committee decision 3 (XI) of 8 April 1975, and of the additional information supplied by the representatives of Cyprus at the 251st meeting of the Committee, on 6 August 1975,
   Taking note also of the progress achieved so far in three rounds of talks between the communities directly concerned, and of their decision to hold a fourth round of talks in the near future,
   

   1. Expresses once more the concern it voiced in its decision 3 (XI).
   2. Expresses the earnest hope that the progress achieved so far will continue; that the resolutions unanimously adopted by the competent organs of the United Nations will be implemented; and that a speedy normalization of conditions in Cyprus will be effected, so that all refugees and other human beings in Cyprus suffering hardships because of their racial or ethnic origin will be enabled to enjoy fully their fundamental human rights without discrimination.

   Adopted at the 251st meeting, on 6 August 1975.

   3(XVI) Information Supplied by Cyprus Relating to Conditions in Cyprus The Committee on the Elimination of Racial Discrimination, Taking note of the information supplied by the representative of Cyprus at the 351st meeting of the Committee, held on 8 August 1977, in so far as it relates to the problem of racial discrimination,
   

   1. Notes that a State party to the International Convention on the Elimination of All Forms of Racial Discrimination has informed the Committee that it has been prevented from fulfilling its obligations under this Convention in a part of its territory, and expresses its grave concern at this unacceptable state of affairs;
   2. Expresses again its hope that the relevant resolutions adopted by the competent organs of the United Nations will be implemented; that a speedy normalization of conditions in Cyprus will be effected, so that all refugees and other human beings in Cyprus suffering hardships because of their racial or ethnic origin will be enabled to enjoy fully their fundamental human rights without discrimination; and that the Government of Cyprus will be enabled to exercise its full responsibility for the implementation of all its obligations under the Convention on its whole national territory;
   3. Expresses the hope that the General Assembly of the United Nations will ensure that no change in the area, including change in the demographic composition, which has the effect of establishing racial discrimination is brought about;
   4. Expresses its readiness to consider at any of its future sessions any additional information concerning the conditions in Cyprus which the Government of Cyprus may wish to submit.

   Adopted at the 353rd meeting on 9 August 1977.

   1 (XVIII) Information Supplied by Cyprus Relating to Conditions in Cyprus The Committee on the Elimination of Racial Discrimination, Having expressed, in its decision 3(XVI) of 9 August 1977, its grave concern at the fact that Cyprus, a State Party to the International Convention on the Elimination of All Forms of Racial Discrimination, was being prevented from fulfilling its obligations under that Convention in a part of its territory,
   Taking note, on the basis of the fifth periodic report of Cyprus, that the hopes expressed on that occasion that a speedy normalization of conditions in Cyprus will be effected, and that refugees and other persons in Cyprus will be enabled to enjoy fully their fundamental human rights without discrimination, have not been fulfilled, Alarmed by the fact that changes in the demographic composition of the population, which exclude a considerable part of the population from the enjoyment of their legitimate rights, have been brought about and are continuing, Bearing in mind the fact that the competence and concern of the Committee are determined exclusively by the provisions of the Convention,

   1. Reiterates its expectation and hope that the Government of Cyprus will soon be enabled to exercise its full responsibility for the implementation of all its obligations under the Convention on its whole national territory and that the unacceptable state of affairs in Cyprus will soon be brought to an end;
      
   2. Expresses once again its concern and its hope that the General Assembly and other competent organs of the United Nations will take immediate and appropriate measures with a view to putting an end to the conditions referred to in the foregoing paragraphs.

   Adopted at the 401st meeting on 3 August 1978.

   1 (XXI) Information Supplied by Cyprus Relating to Conditions in Cyprus The Committee on the Elimination of Racial Discrimination, Having expressed, in its decision 1 (XVIII) of 3 August 1978, its grave concern at the fact that Cyprus, a State party to the International Convention on the Elimination of All Forms of Racial Discrimination, was being prevented from fulfilling its obligations under that Convention in a part of its territory,
   Noting, on the basis of the sixth periodic report of Cyprus, that the hopes expressed on that occasion that a speedy normalization of conditions in Cyprus would be effected, and that refugees and other persons in Cyprus would be enabled to enjoy fully their fundamental human rights without discrimination, have again not been fulfilled, Alarmed by the fact that changes in the demographic composition of the population on the part of the territory which is not under the control of the Government of Cyprus, which exclude a considerable part of the population from the enjoyment of their legitimate rights, have been brought about and are continuing, Bearing in mind the fact that the competence and concern of the Committee are determined exclusively by the provisions of the Convention,

   1. Reiterates its expectation and hope that the Government of Cyprus will soon be enabled to exercise its full responsibility for the implementation of all its obligations under the Convention on its whole national territory and that the unacceptable state of affairs in Cyprus will finally be brought to an end;
   2. Expresses once again its concern and its hope that the measures taken by the General Assembly and other appropriate bodies of the United Nations with a view to putting an end to the conditions referred to in the foregoing paragraphs shall be successful.

   Adopted at the 473rd meeting, 8 April 1980. 1(XXVII) Information Supplied by Cyprus Relating to Conditions in Cyprus The Committee on the Elimination of Racial Discrimination, Having expressed, in its decision 1(XXI) of 8 April 1980, its grave concern at the fact that Cyprus, a State party to the International Convention on the Elimination of All Forms of Racial Discrimination, was being prevented from fulfilling its obligations under that Convention in a part of its territory,
   Noting, on the basis of the seventh periodic report of Cyprus, that the hopes expressed on that occasion that a speedy normalization of conditions in Cyprus would be effected, and that refugees and other persons in Cyprus would be enabled to enjoy fully their fundamental human rights without discrimination, have again not been fulfilled, Alarmed by the fact that changes in the demographic composition of the population on the part of the territory which is not under the control of the Government of Cyprus, which exclude a considerable part of the population from the enjoyment of their legitimate rights, have been brought about and are continuing, Bearing in mind the fact that the Committee is exclusively competent in those matters of international law which are covered by the International Convention on the Elimination of All Forms of Racial Discrimination,
   

   1. Reiterates its expectation and hope that the Government of Cyprus will, without further delay, be enabled to exercise its full responsibility for the implementation of all its obligations under the Convention on its whole national territory, and that the unacceptable state of affairs in Cyprus, due to the foreign occupation of part of its territory, will finally be brought to an end;
      
   2. Expresses once again its grave concern and its earnest hope that the General Assembly and other appropriate bodies of the United Nations will take, in accordance with the Charter of the United Nations, the measures required for the implementation of their relevant resolutions and decisions with a view to putting an end to the conditions referred to in the foregoing paragraphs.
      Adopted at the 618th meeting, 21 March 1983.
   

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