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Turkey in utter disregard of these resolutions has not yet withdrawn her armed forces and continues to occupy nearly 37 percent of the territory of the Republic of Cyprus.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.