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

the denial of access to the applicant's property and consequent loss of control thereof is imputable to Turkey;
3. Holds by eleven votes to six that there has been a breach of Article 1 of Protocol No. 1 (P1-1);
4. Holds unanimously that there has been no violation of Article 8 of the Convention (art. 8);
5. Holds unanimously that the question of the application of Article 50 of the Convention (art. 50) is not ready for decision; and consequently,
(a) reserves the said question;
(b) invites the Turkish Government and the applicant to submit, within the forthcoming six months, their written observations on the matter and, in particular, to notify the Court of any agreement they may reach;
(c) reserves the further procedure and delegates to the President of the Chamber the power to fix the same if need be.

Done in English and in French, and delivered at a public hearing in the Human Rights Building, Strasbourg, on 18 December 1996.

Signed: Rolv RYSSDAL
President

Signed: Herbert PETZOLD
Registrar






In accordance with Article 51 para. 2 of the Convention (art. 51-2) and Rule 53 para. 2 of Rules of Court A, the following separate opinions are annexed to this judgment:
(a) concurring opinion of Mr Wildhaber, joined by Mr Ryssdal;
(b) dissenting opinion of Mr Bernhardt, joined by Mr Lopes Rocha;
(c) dissenting opinion of Mr Baka;
(d) dissenting opinion of Mr Jambrek;
(e) dissenting opinion of Mr Pettiti;
(f) dissenting opinion of Mr {Golcuklu}.

Initialled: R.R.

Initialled: H.P.

CONCURRING OPINION OF JUDGE WILDHABER,
JOINED BY JUDGE RYSSDAL

There was no need for the Court to give an express answer to Turkey's claim that the "TRNC" was established by the Turkish Cypriot people in pursuance of their right to self-determination (see paragraph 35 of the judgment). That claim must indeed fail.
Until recently in international practice the right to self-determination was in practical terms identical to, and indeed restricted to, a right to decolonisation. In recent years a consensus has seemed to emerge that peoples may also exercise a right to self-determination if their human rights are consistently and flagrantly violated or if they are without representation at all or are massively under-represented in an undemocratic and discriminatory way. If this description is correct, then the right to self-determination is a tool which may be used to re-establish international standards of human rights and democracy.
In the instant case, the Court is faced with an applicant who alleges violations of certain Convention guarantees; with the respondent Turkish Government which alleges a right to self-determination of the "TRNC" in order to disclaim responsibility for a violation of certain Convention guarantees; and with an international community which refuses to recognise the entity which claims a right to self-determination (the "TRNC").
When the international community in 1983 refused to recognise the "TRNC" as a new State under international law (see paragraph 42 of the judgment), it by the same token implicitly rejected the claim of the "TRNC" to self-determination in the form of secession. At that time the close connection between the right to self-determination and the observance of international standards with respect to human rights and democracy was not established to the same extent as today. The "TRNC" is constituted by what was originally a minority group in the whole of Cyprus (i.e. the "Turkish Cypriots") but what is now the majority in the northern part of Cyprus. This group invokes a right to self-determination which under the 1985 Const



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