he questions raised by the objection ratione temporis to the merits (see the Loizidou v. Turkey judgment of 23 March 1995 (preliminary objections), Series A no. 310, pp. 33 - 34, paras. 102 - 05).
A. The wording of the Article 46 declaration (art. 46)
33. In their memorial on the merits, the Cypriot Government submitted that Turkey's Article 46 (art. 46) declaration was ambiguously worded. The absence of a comma in the final sentence after the word "facts", where it occurs for the second time, made it unclear whether the words "which have occurred subsequent to the date of deposit" qualified "facts" (when first used) or "judgments" (see paragraph 24 above). The same observation was made as regards the Government's Article 25 (art. 25) declarations. In their submission, all Convention enforcement organs, which have jurisdiction conferred upon them, enjoy jurisdiction retroactively to the time of ratification of the Convention unless there has been an express and unambiguously worded restriction ratione temporis. However, the latter requirement, they claimed, was not satisfied in the present case.
34. The Court sees no merit in this argument. In its view the reading of the present text in the manner contended by the Cypriot Government would render the last sentence of the declaration almost unintelligible. It considers that the intention of the Turkish Government to exclude from the Court's jurisdiction all matters raised in respect of facts which occurred prior to the date of deposit of the Article 46 (art. 46) declaration is sufficiently evident from the words used in the last sentence and can be reasonably inferred from them. Moreover, it notes that the Commission has construed in a similar fashion identical language and punctuation in Turkey's Article 25 (art. 25) declarations (see the decision of admissibility in applications nos. 15299/89, 15300/89 and 15318/89 (joined), Chrysostomos, Papachrysostomou and Loizidou v. Turkey, 4 March 1991, Decisions and Reports (DR) 68, pp. 250 - 51, paras. 50 - 60).
B. Further arguments of those appearing
before the Court
35. The Turkish Government, for their part, contended that the process of the "taking" of property in northern Cyprus started in 1974 and ripened into an irreversible expropriation by virtue of Article 159 (1) (b) of the "TRNC" Constitution of 7 May 1985 (see paragraph 18 above) justified under the international-law doctrine of necessity. In this context they contended that the "TRNC" is a democratic and constitutional state whose Constitution was accepted by a referendum. Following a process of political and administrative evolution, the "TRNC" was established by the Turkish Cypriot people in pursuance of their right to self-determination and thus was able to make valid law. Moreover, the effectual and autonomous nature of the administration in the northern part of Cyprus had been recognised in various court decisions in the United Kingdom (Hesperides Hotels Ltd and Another v. Aegean Turkish Holidays Ltd and Another [1977] 3 Weekly Law Reports 656 (Court of Appeal) and Polly Peck International PLC v. Asil Nadir and Others [1992] 2 All England Reports 238 (Court of Appeal)).
Furthermore, in finding that the arrest and detention of the applicants in the case of Chrysostomos and Papachrysostomou v. Turkey were lawful, the Commission and subsequently the Committee of Ministers of the Council of Europe had recognised as valid the relevant laws of the "TRNC" (see report of the Commission of 8 July 1993, paras. 143 - 70 and Resolution DH (95) 245 of 19 October 1995).
In the Turkish Government's submission, the applicant had thus definitively lost ownership of the land well before the crucial date of 22 January 1990, i.e. on 7 May 1985 at the latest. The judgment of the Court in the Papamichalopoulos and Others v. Greece case (of 24 June 1993, Series A no.
> 1 2 3 ... 29 30 31 ... 50 51 52
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
