Article 5 para. 1 (art. 5-1) (nine votes to four); Article 8 (art. 8) as regards the applicant's home (nine votes to four) and Article 1 of Protocol No. 1 (P1-1) (eight votes to five). The full text of the Commission's opinion and of the three separate opinions contained in the report is reproduced as an annex to the Loizidou v. Turkey judgment of 23 March 1995 (preliminary objections), Series A no. 310.
FINAL SUBMISSIONS TO THE COURT
28. In her memorial, the applicant requested the Court to decide and declare:
1. that the respondent State is responsible for the continuing violations of Article 1 of Protocol No. 1 (P1-1);
2. that the respondent State is responsible for the continuing violations of Article 8 (art. 8);
3. that the respondent State is under a duty to provide just satisfaction in accordance with the provisions of Article 50 of the Convention (art. 50); and
4. that the respondent State is under a duty to permit the applicant to exercise her rights, in accordance with the findings of violations of the Protocol and Convention, freely in the future.
29. The Cypriot Government submitted that:
1. the Court has jurisdiction ratione temporis to deal with the applicant's case because Turkey's declaration under Article 46 of the Convention (art. 46) did not clearly exclude competence in respect of violations examined by the Commission after the Turkish declaration of 22 January 1990. Turkey is thus liable for the continuing violations complained of by the applicant in the period since 28 January 1987;
2. in any event Turkey is liable for those violations continuing in the period since 22 January 1990 and which have been examined by the Commission;
3. there is a permanent state of affairs, still continuing, in the Turkish-occupied area, which is in violation of the applicant's rights under Article 8 of the Convention (art. 8) and Article 1 of Protocol No. 1 (P1-1).
30. In their memorial, the Turkish Government made the following submissions:
1. the applicant was irreversibly deprived of her property situated in northern Cyprus by an act of the "Government of the Turkish Republic of Northern Cyprus", on 7 May 1985, at the latest;
2. the act referred to under (1) above does not constitute an act of "jurisdiction" by Turkey within the meaning of Article 1 of the Convention (art. 1);
3. Turkey has not violated the rights of the applicant under Article 8 of the Convention (art. 8).
AS TO THE LAW
31. The applicant and the Cypriot Government maintained that ever since the Turkish occupation of northern Cyprus the applicant had been denied access to her property and had, consequently, lost all control over it. In their submission this constituted a continued and unjustified interference with her right to the peaceful enjoyment of property in breach of Article 1 of Protocol No. 1 (P1-1) as well as a continuing violation of the right to respect for her home under Article 8 of the Convention (art. 8).
The Turkish Government contested this allegation and maintained primarily that the Court lacked jurisdiction ratione temporis to examine it.
I. The government's preliminary objection
32. The Court recalls its findings in the preliminary objections judgment in the present case that it is open to Contracting Parties under Article 46 of the Convention (art. 46) to limit, as Turkey has done in its declaration of 22 January 1990, the acceptance of the jurisdiction of the Court to facts which occur subsequent to the time of deposit and that, consequently, the Court's jurisdiction only extends to the applicant's allegation of a continuing violation of her property rights subsequent to 22 January 1990. It must now examine that allegation since in the above-mentioned judgment it decided to join t
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