9. In the final analysis, the totality of the above considerations led me to take a restrained judicial approach in the present case, and to accept validity of the exceptio ratione temporis.
DISSENTING OPINION OF JUDGE PETTITI
(Translation)
I voted with the minority against finding a violation of Article 1 of Protocol No. 1 (P1-1) for a number of reasons. In the judgment on the preliminary objections I had already expressed my views as follows:
"At the examination of preliminary objections stage, after the discussion at the public hearing, which was limited to analysis of these objections by the Parties, the European Court was not able to take cognisance of all the problems, and this circumstance militated even more forcefully in favour of joining all these objections to the merits. To date legal writers have not considered analysis of the Turkish declaration a simple matter (see Claudio Zanghi, Christian Tomuschat, Walter Kalin, Pierre-Henri Imbert, Christopher Lush, etc.).
An overall assessment of the situation, beginning with the concepts of sovereignty and jurisdiction, would make it possible to review the criteria ("occupation", "annexation", territorial application of the Geneva Conventions in northern Cyprus, "conduct of international relations") on the basis of which the UN has analysed both the problem whether or not to recognise northern Cyprus as a State and the problem of the application of the UN Charter (see Security Council Resolution 930). The responsibilities of the European Convention institutions, when faced with such difficulties, reflect the mutual commitment of the member States to ensuring the best and widest protection of individuals and fundamental rights in the countries concerned by applying the Convention provisions in a manner consistent with their object and purpose." (individual dissenting opinion, Series A no. 310, pp. 43 - 44)
"Admittedly the concept of jurisdiction is not restricted to the territory of the High Contracting Parties, but it is still necessary to explain exactly why jurisdiction should be ascribed to a Contracting Party and in what form and manner it is exercised. We note that in the Drozd and Janousek v. France and Spain judgment cited in paragraph 62 the Court eventually found that there had been no violation.
While the responsibility of a Contracting Party may be engaged as a consequence of military action outside its territory, this does not imply exercise of its jurisdiction. The finding in paragraph 64 does not refer to any criterion for deciding the question of jurisdiction. In our opinion, therefore, there is a contradiction between what the Court says in paragraph 62 and its conclusion in paragraph 64, and this contradiction reappears in the vote on point 2 of the operative provisions. The Court should have looked into the merits of the question who did or did not have jurisdiction before ruling on the objection." (joint dissenting opinion of Judge {Golcuklu} and myself, loc. cit., p. 35)
That is why I was in favour of upholding the objection ratione temporis and of distinguishing between ratione loci and ratione personae.
Neither the second deliberations nor the memorials produced supplied the detailed information needed for a thorough assessment of the facts. Nor did the parties' arguments concerning Protocol No. 1 (P1) shed any light on the problem of attributing responsibility for any interference with the use of property there may have been, although free access to the property depended on liberty of movement from one zone to the other.
The majority held that there had been a violation of Article 1 of Protocol No. 1 (P1-1) mainly because of the refusal of access since 1974, which led to the complete loss of control over the property, a matter covered by the first sentence of that provision (P1-1). They considered that the interferenc
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