Civilian Casualties and Displacements During The Cyprus Conflict - Legal Challenges

Legal Challenges

In 1976 and in 1983 Cyprus challenged Turkey at the European Court of Human Rights over a number of issues, including missing civilian Greek Cypriots, of which Cyprus claimed there were at least 1491. The ECHR concluded that there was a presumption that Turkey had a responsibility for clarifying the fate of civilians last known to be under its control, but also that there was "no proof that any of the missing persons were killed in circumstances for which could be held responsible; nor did the Commission find any evidence to the effect that any of the persons taken into custody were still being detained or kept in servitude by ". A further 1994 case brought by Cyprus, on which judgement was made in 2001, concluded that Turkey continued to offer insufficient support in clarifying the fate of missing Cypriots. Another case is the book war crimes written by Andreas Parashos claiming at least 180 reported missings are fake and forged by Cyprus state,and 40 of them are already buried to the graves before 74, he also admittedParashos ? killing 100 Turkish Cypriot civilians A new case was brought in 2009, following comments by Turkish actor Atilla Olgac about committing war crimes during his service in Cyprus, although Olgac later retracted the remarks, saying he had been testing public reaction to a TV script.

In 2006, owing to the potential huge number of law suits against Turkey, the European Court of Human Rights called on Turkey in December to find "effective domestic remedies" for the mass displacement of Greek Cypriots. The result was a property commission established by the Turkish Cypriots purportedly offering right of return of Greek Cypriot properties so long as the property was unoccupied, or not in an area of military significance. A small number of applicants have received compensation. The Greek Cypriots have refused to recognise the commission as a proper means of redress, with some politicians going as far to suggest treason for those who accept. The European Court of Human Rights has yet to rule whether it considers that the so called property commission and the law by which it was set up is indeed in line with the provisions of the European Convention of Human Rights.