A/HRC/28/20
families; any act of enforced disappearance also violates or constitutes a grave threat to the
right to life.
14.
As a result of the inter-communal fighting in 1963 and 1964, and of the events of
July 1974 and afterwards, a total of 1,508 Greek Cypriots and 493 Turkish Cypriots have
been officially reported as missing by both communities to the Committee on Missing
Persons in Cyprus. During the period under review, the Committee continued its
bicommunal project on the exhumation, identification and return of the remains of missing
persons. As at 30 November 2014, the remains of 1,105 individuals had been exhumed on
both sides of the buffer zone by the Committee’s bicommunal teams of archaeologists; of
these, the remains of 636 missing individuals had been identified and returned to their
respective families, including 159 in 2014, the highest annual number ever. At the
beginning of the year, the Committee made a major recovery with the exhumation of the
remains of 35 persons in a quarry near Limassol.
15.
In its resolution 2168 (2014), the Security Council welcomed all efforts to
accommodate the exhumation requirements of the Committee on Missing Persons in
Cyprus, and called upon all parties to provide full access to all areas expeditiously, given
the need to intensify the Committee’s work. In February and March 2014, the Committee
excavated a military site in the north of Nicosia. In September 2014, authorization to
excavate a second military area was given by the Turkish Forces. As the area had been
declared a mine field by Turkish Cypriot authorities, a mine survey was conducted in
October 2014, during which no mines were found. Excavations were ongoing at the end of
the period under review.13
16.
With regard to Greek Cypriot victims, the European Court of Human Rights
delivered its judgement in the inter-State case of Cyprus v. Turkey (application No.
25781/94) (just satisfaction) on 12 May 2014. The Court held, by 16 votes to one, that the
passage of time since the delivery of the principal judgement of 10 May 2001 had not
rendered the just satisfaction claims of the Government of Cyprus inadmissible. With
regard to the question of missing persons, it held, by 15 votes to two, that the Government
of Turkey was to pay the Government of Cyprus, within three months, 30 million euros for
non-pecuniary damage suffered by the relatives of the missing persons, and that this
amount should be distributed to the individual victims, under the supervision of the
Committee of Ministers of the Council of Europe (which supervises the execution of
judgements of the European Court of Human Rights).
17.
In reaction, the spokesman of the Ministry of Foreign Affairs of Turkey observed,
on 12 May 2014, that the judgement went “against the realities of Cyprus”, was unfair,
contained “errors and inconsistencies”, was “deprived of a legal basis” and lacked “the
capacity of being implemented under the conditions in which the Cyprus question continues
to be unsettled.”
18.
The Committee of Ministers instructed the Secretariat of the Council of Europe to
present a general stocktaking of the different violations established by the Court, as well as
an analysis of the impact of the judgement of 12 May 2014 on just satisfaction, in good
time for examination by the Committee at its 1214th meeting.14
13
14
6
Information received from the Secretariat of the Committee on Missing Persons in Cyprus.
Council of Europe Committee of Ministers, decisions adopted at the 1201st meeting on 5 June 2014
(CM/Del/OJ/DH(2014)1201/19) on the case of Cyprus v. Turkey.
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