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)