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Turkey in utter disregard of these resolutions has not yet withdrawn her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:
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.
