1978

ECHR

Cyprus v Turkey 62 ILR 4 European Commission of Human Rights

Turkish armed forces occupied the northern part Cyprus by force in 1974. A Turkish Federated State of Cyprus was set up in the occupied area in 1975, this was not recognised by Republic of Cyprus which claimed to be the sole government of the island. In 1977 government of Cyprus lodged this application against Turkey with the ECHR alleging violations of human rights. Inter alia Turkey claimed that local remedies were not exhausted and the claim was inadmissible The complain was made because of interference with property rights pursuant to the legislation for the Turkish Federated State of Cyprus

Domestic remedies rule did not apply to complain directed to determine the compatibility with the Convention of legislative measures and administrative practices unless specific and effective remedies against legislation existed in the respondent state. Any remedy available can not be considered as ‘practicable and normally functioning’ Remedies alleged available in the courts of the TFSC could not be regarded as effective since the majority of the complaints concerned Greek Cypriots who were now refugees in the south of the Island and were prevented from crossing into the north. Remedies cannot be considered relevant and sufficient so they need not, therefore be exhausted