1. The case was referred to the Court by the Government of the Republic
of Cyprus ("the applicant Government") on 9 November 1993, within the three-month
period laid down by Article 32 S 1 and Article 47 of the Convention. It
originated in an application (no. 15318/89) against the Republic of Turkey
(see paragraphs 48-53 below) lodged with the Commission under Article 25
on 22 July 1989 by a Cypriot national, Mrs Titina Loizidou.
The applicant Government's application referred to Article 48 (b) of
the Convention. The object of the application of the Government was to
obtain a decision as to whether the facts of the case concerning the applicant's
property disclosed a breach by Turkey of its obligations under Article
1 of Protocol No. 1 and Article 8 of the Convention.
2. In response to the enquiry made in accordance with Rule 33 S 3 (d)
of the Rules of Court A, the applicant stated that she wished to take part
in the proceedings and designated the lawyer who would represent her (Rule
3. The Chamber to be constituted included ex officio Mr F. Golcuklu
and Mr A.N. Loizou, the elected judges of Turkish and Cypriot nationality
(Article 43 of the Convention), and Mr R. Ryssdal, the President of the
Court (Rule 21 S 3 (b)). On 23 November 1993, in the presence of the Registrar,
the President drew by lot the names of the other six members, namely, Mr
A. Spielmann, Mr. N. Valticos, Mr R. Pekkanen, Mr A.B. Baka, Mr. L. Wildhaber
and Mr P. Jambrek, (Article 43 in fine of the Convention and Rule
21 S 4).
4. In a letter of 26 November 1993 the Agent of the Turkish Government
stated that his Government considered that the case fell outside the Court's
jurisdiction on the grounds that it related to events which occurred before
Turkey's declaration of acceptance of the compulsory jurisdiction of the
Court dated 22 January 1990 and did not concern matters arising within
the territory covered by this declaration.
5. On 29 November 1993 the President of the Court submitted to the plenary
Court for decision, pursuant to Rule 34, the question whether the Government
of the Republic of Cyprus had a right under Article 48 to bring the case
before the Court.
6. As President of the Chamber (Rule 21 S 5) Mr Ryssdal, through the
Registrar, consulted the Agents of the Governments, the applicant's lawyer
and the Delegate of the Commission on the organisation of the proceedings
(Rules 37 S 1 and 38) in relation to the preliminary objections raised
by Turkey. Pursuant to the order made in consequence, the Registrar received
on 17 January 1994, 24 February and 28 February the memorials of the Turkish
Government, the applicant and the applicant Government respectively. The
Delegate's observations on these memorials were submitted on 14 March 1994.
7. On 21 April 1994 the plenary Court considered the issue submitted
to it by the President under Rule 34 and decided, without prejudice to
the preliminary objections raised by Turkey and to the merits of the case,
that the applicant Government had the right to refer the case to the Court
under Article 48 (b) of the Convention and that the Chamber should resume
consideration of the case.
8. The Chamber subsequently relinquished jurisdiction in favour of a
Grand Chamber on 27 May 1994 (Rule 51). By virtue of Rule 51 S 2 (a) and
(b) the President and the Vice-President of the Court (Mr Ryssdal and Mr
Bernhardt) as well as the other members of the original Chamber are members
of the Grand Chamber. On 28 May 1994 the names of the additional judges
were drawn by lot by the President, in the presence of the Registrar, namely
Mr L.-E. Pettiti, Mr B. Walsh, Mr R. Macdonald, Mr S.K. Martens, Mrs E.
Palm, Mr. F. Bigi, Mr M.A. Lopes Rocha, Mr G. Mifsud Bonnici and Mr U.
Subsequently, Mr Valticos, being prevented from taking part in the proceedings,
was replaced by Mr J.M. Morenilla (Rules 24 S 1 and 51 S 6). In addition
Mr Bigi, being unable to participate in the Court's deliberations on 22
August and 23 September 1994, took no further part in the proceedings.
9. In accordance with the President's decision, the hearing of the preliminary
objections took place in public in the Human Rights Building, Strasbourg,
on 22 June 1994. The Court had held a preparatory meeting beforehand.
There appeared before the Court:
(a). for the Turkish Government
Mr B. Caglar, Agent,
(b). for the Cypriot Government
Mr H. Golsong, Counsel,
Mr M. Ozmen, Ministry of Foreign Affairs,
Mrs D. Akcay, Ministry of Foreign Affairs, Advisers;
Mr M. Triantafyllides, Attorney-General, Agent,
(d). for the Commission
Miss P. Polychronidou, Barrister-at-Law, Counsel;
Mr S. Trechsel, Delegate;
(e) for the Applicant
Mr A. Demetriades, Barrister-at-Law,
The Court heard addresses by Mr Trechsel, Mr Caglar, Mr Golsong, Mr Demetriades,
Mr Brownlie and Mr Triantafyllides and also replies to a question put by
one of its members individually.
Mr I. Brownlie, Q.C.,
Ms J. Loizidou, Barrister-at-Law, Counsel.