United Nations                                        A/55/1012-S/2001/678

General Assembly                       

Original: English

Letter dated 6 July 2001 from the Permanent Representative of Cyprus to the United Nations addressed to the Secretary General

Upon instructions from my Government and further to the circulation of the letter by the Permanent Representative of the Republic of Turkey dated 6 July 2001 (A/55/986-S/2001/575), I am writing with reference to the judgement in the case of Cyprus v. Turkey, delivered at Strasbourg on 10 October 2001 by the European Court of Human Rights. The Court, in its decision, held that the matters complained of by the Republic of Cyprus in its Fourth Inter-State Application entailed Turkey's responsibility under the European Convention on Human Rights and found Turkey guilty of 14 violations of the Convention. These violations, inter alia, relate to:

        -Greek-Cypriot missing persons and their relatives;

        -Homes and property of displaced persons;

        -Living conditions of Greek-Cypriots in the occupied areas.

An executive summary of the judgement issued as a press release by the Registrar of the court is attached to my letter (see annex) to give the Members of the United Nations the opportunity to have objective information on this issue. The full text of the judgement is available at the Internet site of the Court at: http://www.echr.coe.int.

In the above letter of the Turkish Permanent Representative, the European Court of Human Rights is accused by Turkey and its subordinate local administration in the area of Cyprus, under Turkish military occupation since 1974, that in its judgement it “does not take into account the realities and legality in Cyprus, and is based on political considerations”. This position is not surprising, considering that Turkey has steadfastly rejected all decisions of international organizations that do not agree with its expansionist designs in Cyprus. Turkey having rejected resolutions of the Security Council, resolutions and decisions of the European Parliament, the Movement of Non-Aligned Countries, the Commonwealth and other organizations, once more rejects decisions of the highest legal authority of the Council of Europe. Unfortunately, the same contempt is also displayed by the Turkish-Cypriot leader, Mr. R. Denktash, a lawyer by profession. This, of course, is also not surprising, considering that Mr. Denktash’s entire career has revolved around the promotion of Turkey’s so-called geo-strategic interests in Cyprus through the division of the island and its people, ignoring international law and even the true interests of the members of the Turkish-Cypriot community who have, as a consequence, become the real victims of the anachronistic policies of Turkey.

It is all the more disturbing to witness the Republic of Turkey, a member of the Council of Europe and a candidate for accession to the European Union, treating the decisions of the European Court of Human Rights with such scorn and disrespect. It is to be recalled that a similar judgement of the same Court, in the Loizidou case, concerning a Greek-Cypriot refugee who was awarded compensation for the violation of her right of enjoyment of her property in the occupied area, has awaiting implementation since 1998, despite the adoption by the Council of Ministers of the Council of Europe of three interim resolutions stressing to Turkey the obligation to execute the decision.

It is obvious from the Turkish reaction that Turkey does not intend to implement the Court’s decision and put an end to the massive violations of the human rights and fundamental freedoms of the people of Cyprus. Instead, Turkey, pursuing relentlessly the acceptance of the so-called “realities”, created by its illegal invasion and subsequent occupation, continues to violate the rights of the Greek Cypriot missing persons and their relatives, the refugees and the enclaved persons remaining in the occupied area.

As we strive to construct a new international order based on the rule of law and the principles of the Charter of the United Nations, the international community must not tolerate any longer such behaviour, which only reinforces the culture of impunity and renders the solution of the Cyprus problem more difficult.

The Republic of Cyprus has no desire to engage in polemics. Instead, we believe that the primary focus should be on intensifying the efforts for finding a just and workable solution of the Cyprus problem, on the basis of United Nations resolutions, which will restore and safeguard the human rights and fundamental freedoms of all Cypriots. Unfortunately, since November of last year, Mr. R. Denktash, supported by Turkey, refuses to continue the talks, after having abandoned them at the end of the fifth round, and insists on unacceptable preconditions for their resumption. Furthermore, the subordinate local administration of Turkey in occupied Cyprus has intensified its restrictions on bi-communal contacts and events, including most recently a performance by a bi-communal choir group planned for 1 July 2001 in the only remaining mixed village of Pyla. Moreover, with the recent creation of a shadowy chauvinistic organization, it tries to intimidate and suppress the freedom of expression of any Turkish-Cypriot opposed to the partitionist policies of Turkey. In this respect, the occupation regime will stop at nothing, as exemplified by the murder of the distinguished Turkish Cypriot journalist Kutlu Adali and the firebombing on two occasions of the Turkish-Cypriot daily Avrupa.

Furthermore,as stated in the draft report of the rapporteur of the Parliamentary Assembly of the Council of Europe, Mr. Jaakko Laakso, which was released last week, Turkey and her subordinate local administration have imported 120,000 Turkish mainland settlers into the occupied areas, causing 55,000 Turkish Cypriots to emigrate. Today, according to the report, only 85,000 Turkish Cypriots remain on the island. This considerable reduction of the Turkish Cypriot community is a direct result of the efforts by Turkey to dilute the political will of the Turkish Cypriots and thus realize, unhindered, its expansionist aims.

We are convinced, however, that the true interests of all Cypriots, Greek-Cypriots and Turkish-Cypriots alike, who strive to live in a united, federal Cyprus, a member of the European Union with their rights fully protected, will ultimately prove to be stronger than the anachronistic partitionist policies of Turkey and her subordinate local administration in occupied Cyprus.

I would greatly appreciate it if the text of the present letter and its annex* could be circulated as a document of the General Assembly, under agenda item 64, and of the Security Council.

(Signed) Sotos Zackheos
Ambassador
Permanent Representative

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