the border zone. The very basis of her civil action remains to be specified, her application being mainly concerned with access to her property. Loss of the use of the property is essentially due to the creation of the border, not to any one act on the part of a local authority.
The Court takes the view that it acquired jurisdiction on 22 January 1990 (see paragraph 32 of the judgment). Quite apart from the problem of admissibility raised by the wording of Turkey's declaration under Article 46 of the Convention (art. 46), it is not obvious that there was a continuing violation of Mrs Loizidou's property rights. On the contrary, it could be considered that there was an instantaneous violation in 1974, at the time of the coup {d'etat}, even before a de facto expropriation in 1985 by the local authorities and during a period of disorder on which the Commission has not been able to throw any light, making it impossible to dissociate Mrs Loizidou's personal situation from the historical situation which also affected the Turkish Cypriot community. The term "continuing violation" is not appropriate, as the Commission observed in paragraphs 97 and 98 of its report.
It should also be noted that the Commission limited its finding on the question whether Turkey exercised jurisdiction to the border zone, not the whole of northern Cyprus (see applications nos. 6780/74, 6950/75 and 8007/77) and that it concluded that the applicants' arrest, detention and trial in the above-mentioned cases were not acts imputable to Turkey (see paragraph 51 of the judgment and paragraph 114 of the Turkish Government's memorial). In its report of 8 July 1993 the Commission refrained from ruling on the status of the "TRNC".
That takes us a long way from the type of situation which the Court termed a continuing violation in cases such as the Holy Monasteries case. The scope and limits of the concept of a continuing violation should have been defined.
Whatever the responsibilities assumed in 1974 at the time of the coup {d'etat}, or those which arose with the arrival of the Turkish troops in the same year, however hesitant the international community has been in attempting to solve the international problems over Cyprus since 1974, at the time when the "TRNC" was set up or at the time of Turkey's declaration to the Council of Europe, those responsibilities being of various origins and types, the whole problem of the two communities (which are not national minorities as that term is understood in international law) has more to do with politics and diplomacy than with European judicial scrutiny based on the isolated case of Mrs Loizidou and her rights under Protocol No. 1 (P1). It is noteworthy that since 1990 there has been no multiple inter-State application bringing the whole situation in Cyprus before the Court. That is eloquent evidence that the member States of the Council of Europe have sought to exercise diplomatic caution in the face of chaotic historical events which the wisdom of nations may steer in a positive direction.
DISSENTING OPINION OF JUDGE {GOLCUKLU}
(Translation)
I disagree with the majority on all points and in the first place on rejection of the Turkish Government's preliminary objection concerning the Court's jurisdiction ratione temporis. The present dissenting opinion is prompted mainly by the fact that this case raises legal and political difficulties which go well beyond the conceptual framework established by the Convention and the whole of the Court's case-law hitherto.
1. Firstly, the present judgment contains serious methodological flaws. As I pointed out in my dissenting opinion on the preliminary objections in the same case (judgment of 23 March 1995, Series A no. 310), the central legal problem in the case of Loizidou v. Turkey is the question of jurisdiction and responsibility for the purposes of the Convention. Not
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