ПОСТАНОВЛЕНИЕ Европейского суда по правам человека от 18.12.1996 "ЛОИЗИДУ (LOIZIDOU) ПРОТИВ ТУРЦИИ" [рус. (извлечение), англ.]

orces in collaboration with the security forces of both communities, in accordance with the agreements they have concluded, which is preventing the Greek Cypriots of southern Cyprus from obtaining access to their properties in the north and from living there. Its establishment, which took place before 1990, that is before Turkey recognised the Court's jurisdiction, was an instantaneous act which froze a de facto situation of a political nature. That being the case, we are not confronted with a "continuing situation" as the majority of the Court considered. In this case, therefore, there is no question of a continuing violation nor of any infringement of the applicant's right of property. That is also the view taken by the Commission, which noted: "the applicant, who was arrested after having crossed the buffer-zone in Cyprus in the course of a demonstration, claims the right freely to move on the island of Cyprus, irrespective of the buffer-zone and its control, and bases this claim on the statement that she owns property in the north of Cyprus". The report continues: "The Commission acknowledges that limitations of the freedom of movement - whether resulting from a person's deprivation of liberty or from the status of a particular area - may indirectly affect other matters, such as access to property. But this does not mean that a deprivation of liberty, or restriction of access to a certain area, interferes directly with the right protected by Article 1 of Protocol No. 1 (P1-1). In other words, the right to the peaceful enjoyment of one's possessions does not include, as a corollary, the right to freedom of movement." The Commission accordingly concluded that there had been no violation of Article 1 of Protocol No. 1 to the Convention (P1-1) (see the Commission's report on the application of Loizidou v. Turkey, paras. 97, 98 and 101).

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