A/HRC/31/21
26.
During the period under review, UNFICYP remained in contact with local
authorities to ensure that Turkish Cypriots living in the south had access to health, welfare
and educational services (see S/2015/517, para. 24). In order to promote enhanced
cooperation in old town Nicosia, UNFICYP facilitated meetings between the two Nicosia
municipalities to develop joint projects on environmental, social and health issues of
common concern (ibid., para. 22). In his report of July 2015, the Secretary-General noted
that he had called upon both community leaders to exert efforts to create a climate
conducive to achieving greater economic and social parity between the two sides and to
widen and deepen economic, social, cultural, sporting or similar ties and contacts, including
with a view to encouraging trade. Such contacts promoted trust between the communities
and would help to address the Turkish Cypriots’ concerns of isolation. He had been pleased
to note that early steps in that direction were being taken by the leaders, and he urged them
to continue to address those issues and encouraged them to fully engage civil society in the
ongoing process, with a view to fostering grass-roots support for a solution (ibid., para. 44).
27.
UNFICYP continued to provide humanitarian support to 345 Greek Cypriots and
109 Maronites residing in the northern part of the island. In its report covering
developments from 16 December 2014 to 20 June 2015, UNFICYP noted that although
requests for Greek-speaking doctors to attend to the health needs of elderly Greek Cypriots
and Maronites in the north were still to be addressed, Greek-language medical services
were provided during that period (see S/2015/517, para. 23). Following the agreement of
the two leaders, two Greek Cypriot nurses have been permitted to provide nursing services
at a local clinic, one of whom has commenced his duties.
28.
In the case of Kyriacou Tsiakkourmas and Others v. Turkey, before the European
Court of Human Rights, the first applicant complained that violations arising as a result of
his alleged abduction, ill-treatment and unlawful detention in December 2000 by Turkish
Cypriot officials were the result of the discrimination he faced as a Greek Cypriot. On 2
June 2015, the Court held the non-discrimination part of the application manifestly illfounded and thus inadmissible. However, it found violations of articles 3 (ill-treatment) and
5 (4) (unlawful detention) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (the European Convention on Human Rights), since his allegations
of ill-treatment were not effectively investigated by the domestic authorities and because
the remedies suggested by the Government of Turkey did not allow him to challenge
effectively the lawfulness of his detention in a speedy manner. While Turkey had disputed
its liability under the Convention for the alleged violations, the Court reiterated “that since
Turkey exercised effective overall control over northern Cyprus, its responsibility could not
be confined to the acts of its own soldiers or officials in northern Cyprus but had also to be
engaged by virtue of the acts of the local administration, which had survived by virtue of
Turkish military and other support”. The Court also stressed that “where the fact of such
domination over the territory was established, it was not necessary to determine whether the
Contracting State exercised detailed control over the policies and actions of the subordinate
local administration; the fact that the local administration had survived as a result of the
Contracting State’s military and other support entailed that State’s responsibility for its
policies and actions”.16
16
8
European Court of Human Rights, Kyriacou Tsiakkourmas and Others v. Turkey, judgment of 2 June
2015, application No. 13320/02, para. 150.
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