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.