e was not justified and criticised the Turkish Government for not explaining how the need to rehouse the Turkish Cypriot refugees displaced after 1974 could justify the measure taken against Mrs Loizidou. Indeed, the Court went on to say that it could not accept such a justification. In any case, I consider that consideration to be of secondary importance.
The need concerned seems obvious, and if events had made the rehousing operation inevitable, that could justify the interference. The facts of the matter had to be looked into. The Loizidou case as a whole could not be analysed as if it concerned a de facto expropriation under ordinary law, without compensation. The movement of displaced persons from one zone to another, an exodus which affected both communities, was the consequence of international events for which responsibility cannot be ascribed on the basis of the facts of the Loizidou case but has to be sought in the sphere of international relations.
Since 1974, the United Nations not having designated the intervention of Turkish forces in northern Cyprus as aggression in the international law sense, various negotiations have been conducted with a view to mediation by the United Nations, the Council of Europe and the European Union. Moreover, the Court did not examine the question whether that intervention was lawful (see paragraph 56 of the judgment). The decision to station international forces on the line separating the two communities made the free movement of persons between the two zones impossible, and responsibility for that does not lie with the Turkish Government alone.
The Court's reference to the international community's views about the Republic of Cyprus and the "TRNC" (see paragraph 42 of the judgment) is not explained. But is it possible in 1996 to represent the views of this "international community" on the question as uncontested, given that the most recent resolutions of the United Nations General Assembly and Security Council go back several years and the Court had no knowledge of the missions of the international mediators? For the Court it would appear that only Turkey is "accountable" for the consequences of the 1974 conflict! In my opinion, a diplomatic situation of such complexity required a lengthy and thorough investigation on the spot, conducted by a delegation of the Commission, of the role of the international forces and the administration of justice, before the Court determined how responsibility, in the form of the jurisdiction referred to in Article 1 of the Convention (art. 1), should be attributed.
The problem of the status and responsibilities of the "TRNC" should have been examined more fully. It is true that the United Nations General Assembly has not admitted the "TRNC" as a member, but the lack of such recognition is no obstacle to the attribution of national and international powers (see paragraph 51 of the judgment). The case of Taiwan is comparable.
Moreover, the Court accepted the validity of measures adopted by the "TRNC" authorities in the fields of civil law, private law and the registration of births, deaths and marriages, without specifying what reasons for distinguishing between these branches of law and the law governing the use of property justified its decision. On the merits of Mrs Loizidou's claim, there are a number of uncertainties which have not been elucidated by the files. Since 1974 she does not seem to have taken any steps to give tangible expression to her intention of going to live in northern Cyprus or brought proceedings to preserve her title between 1974 and 1985 at least in the courts of the Republic of Cyprus, although she maintained that the latter had sole legitimate jurisdiction and sovereignty over the whole island. She did not apply to the Commission until 1989 and she has not produced any evidence that she applied to the UN forces for authorisation to cross the line and travel in the area beyond
> 1 2 3 ... 46 47 48 ... 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
