itution is denied by them to the "Greek Cypriots" living in the territory of the "TRNC". This leads me to the conclusion that where the modern right to self-determination does not strengthen or re-establish the human rights and democracy of all persons and groups involved, as it does not in the instant case, it cannot be invoked to overcome the international community's policy of non-recognition of the "TRNC".
DISSENTING OPINION OF JUDGE BERNHARDT JOINED
BY JUDGE LOPES ROCHA
I have voted for accepting the preliminary objection ratione temporis and against the finding of a violation of Article 1 of Protocol No. 1 (P1-1). Before I discuss the two main aspects of the case, some general remarks are, in my view, indispensable.
1. A unique feature of the present case is that it is impossible to separate the situation of the individual victim from a complex historical development and a no less complex current situation. The Court's judgment concerns in reality not only Mrs Loizidou, but thousands or hundreds of thousands of Greek Cypriots who have (or had) property in northern Cyprus. It might also affect Turkish Cypriots who are prevented from visiting and occupying their property in southern Cyprus. It might even concern citizens of third countries who are prevented from travelling to places where they have property and houses. The factual border between the two parts of Cyprus has the deplorable and inhuman consequence that a great number of individuals are separated from their property and their former homes.
I have, with the majority of the judges in the Grand Chamber, no doubt that Turkey bears a considerable responsibility for the present situation. But there are also other actors and factors involved in the drama. The coup {d'etat} of 1974 was the starting-point. It was followed by the Turkish invasion, the population transfer from north to south and south to north on the island, and other events. The proclamation of the so-called "Turkish Republic of Northern Cyprus", not recognised as a State by the international community, is one of those events. The result of the different influences and events is the "iron wall" which has existed now for more than two decades and which is supervised by United Nations forces. All negotiations or proposals for negotiations aimed at the unification of Cyprus have failed up to now. Who is responsible for this failure? Only one side? Is it possible to give a clear answer to this and several other questions and to draw a clear legal conclusion?
The case of Mrs Loizidou is not the consequence of an individual act of Turkish troops directed against her property or her freedom of movement, but it is the consequence of the establishment of the borderline in 1974 and its closure up to the present day.
2. Turkey has accepted the jurisdiction of the Court only in respect of the facts which occurred subsequent to 22 January 1990. Such a limitation excludes an inquiry into and final legal qualification of previous events, even if these were incompatible with a State's obligation under the Convention.
The Convention organs have accepted the notion of "continuing violations", violations which started prior to the critical date and which still continue. I entirely agree with this concept, but its field of application and its limits must be appreciated. If a person is kept in prison before and after the critical date, if concrete property is illegally occupied before and after that date (as in the case of Papamichalopoulos and Others v. Greece, judgment of 24 June 1993, Series A no. 260-B), there can be no doubt that it falls within the Court's jurisdiction to examine facts and circumstances which have occurred after the date in question. The essential fact in such cases is the actual behaviour of State organs which is incompatible with the commitments under the European Convention on Human Rights.
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