applications Nos.16262 /90, 16263/90,
16290/90 and 16760/90
by Nicos NICOLAOU, Petros PAPALEONTIOU,
Christos SAVVIDES and Demetris LOUCA
against Turkey
The European Commission of Human Rights sitting in private on
23 May 1995, the following members being present:
MM. C.A. NØRGAARD, President
H. DANELIUS
C.L. ROZAKIS
E. BUSUTTIL
G. JÖRUNDSSON
S. TRECHSEL
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
H.G. SCHERMERS
Mrs. G.H. THUNE
Mr. F. MARTINEZ
Mrs. J. LIDDY
MM. L. LOUCAIDES
J.-C. GEUS
M.P. PELLONPÄÄ
B. MARXER
M.A. NOWICKI
N. BRATZA
I. BÉKÉS
J. MUCHA
E. KONSTANTINOV
D. SVÁBY
G. RESS
A. PERENIC
C. BÎRSAN
Mr. H.C. KRÜGER, Secretary to the Commission
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 6 March 1990 by
Mr. Nicos NICOLAOU against Turkey and registered on 7 march 1990 under
file No. 16262/90 ; the application introduced on 6 March 1990 by Mr.
Petros PAPALEONTIOU against Turkey and registred on 7 march 1990 under
file No. 16263/90 ; the application introduced on 9 March 1990 by Mr.
Christos SAVVIDES against Turkey and registred on 9 March 1990 under
file No. 16290/90 ; the application introduced on 14 June 1990 by Mr.
Demetris LOUCA against Turkey and registred on 20 June 1990 under file
No. 16760/90 ;
Having regard to :
- the reports provided for in Rule 47 of the Rules of Procedure of
the Commission;
- the Commission's decision of 10 March 1990 to give priority to
Applications Nos. 16262/90, 16263/90 and 16290/90 and to invite
the respondent Government to submit information on the factual
circumstances of the cases;
- the Government's observations of 28 March 1990 on the
admissibility of Applications Nos. 16262/90, 16263/90 and
16290/90 and the applicants' observations in reply of 6 May 1990;
- the Commission's decision of 13 July 1990 to give priority to
Application No. 16760/90 and to invite the respondent Government
to submit information on the factual circumstances of the case;
- the Government's observations of 27 September 1990 on the
admissibility of Application No. 16760/90 and the applicant's
observations in reply of 22 November 1990;
- the Commission's decision of 14 January 1992 to join the
applications and to invite the parties to supplement their
observations on the admissibility and merits of the applications
in the light of the Commission's decision of 4 March 1991 on the
admissibility of applications Nos 15299/89, 15300/89 and
15318/89;
- the Government's observations of 20 May 1992 and the applicants'
observations of 18 May 1992;
- the Commission's decision of 13 May 1994 to adjourn its
examination of the applications pending delivery of the Court's
judgment on the case Loizidou v. Turkey;
- the Commission's decision of 8 April 1995 to adjourn its
examination of the applications pending delivery of the Court's
judgment on the merits of the case Loizidou v. Turkey;
- the letter of the applicants' lawyer of 18 April 1995;
Having deliberated ;
Decides as follows:
THE FACTS
The applicants are four Cypriot citizens. They are represented
before the Commission by Mr. Chrysostomides, a lawyer practising in
Nicosia.
The facts of the cases as submitted by the applicants may be
summarised as follows:
1. Application No. 16262/90
The applicant is a student born in 1969. In the night of 16 to
17 February 1990 he was arrested by the Turkish military forces and/or
paramilitary personnel when he entered the area of Nicosia which is
occupied by the Turkish military forces since 1974. The applicant was
not allowed to contact any person and his detention remained
unannounced until 23 February 1990 when members of the United Nations
forces were allowed to visit him. He was not allowed to receive visits
from his family.
On 1 March 1990 the applicant appeared before a court which
ordered the continuation of the detention. The applicant faced the
charges of entry without permission into a restricted military zone,
of writing slogans on walls against the Turkish invasion of Cyprus, of
prior entry into the occupied area on 3 and 4 January 1990 and of
crossing from the occupied area to the Government controlled part of
Cyprus, of pulling down a Turkish flag and of possessing a knife.
On 7 March 1990 he was sentenced by a court to a 20 days
imprisonment. He was released on 26 March 1990.
2. Application No. 16263/90
The applicant is a student born in 1973. On 3 March 1990 at
12.00 hours he was arrested while being at the edge of the Nicosia
dividing line established by the Turkish military forces after the
invasion of Cyprus in 1974 and which is controlled by the United
Nations Peace Keeping Forces. The applicant was protesting against the
detention of the first applicant. He climbed a flag mast on the
medieval walls of Nicosia. He was fired at twice and then arrested by
Turkish military forces. At the time of his arrest he was severely
beaten.
The applicant was detained without being allowed to receive any
visits. He was released on 31 May 1990.
3. Application No. 16290/90
The applicant was born in 1967. He was arrested on 7 or
8 March 1990 by Turkish military forces while he was apparently trying
to enter the buffer zone. He was released on 2 July 1990.
4. Application No. 16760/90
The applicant is a student, born in 1971. He was arrested on
7 March 1990 by Turkish forces near the Paphos gate in the Venetian
walls of Nicosia, in the vicinity of the Nicosia dividing line. This
area is considered to be under the control of the United Nations Peace
Keeping Forces. At the time of his arrest he was brutally ill-treated.
While detained by the Turkish military forces he was hand-cuffed and
his hands and legs were severely injured. Lighted cigarettes were
extinguished on his hands and he was subjected to electro-shock on all
parts of his body.
On 26 March 1990 the applicant was sentenced by a court to six
months imprisonment.
On 20 April 1990 he was allowed to receive a visit from his
mother. He was released on 24 August 1990.
COMPLAINTS
The first applicant complains that his arrest and detention were
contrary to Article 5 of the Convention. Moreover, the conditions of
his detention amounted to inhuman and degrading treatment prohibited
by Article 3 of the Convention and were also in violation of his rights
under Article 8 of the Convention. He further complains that his
trial, conviction and sentence were contrary to Articles 6, 7 and 10
of the Convention.
The second and third applicants complain that they have been
illegally and arbitrarily arrested in violation of Articles 5 and 6 of
the Convention. They also complain that the conditions under which
they were arrested and detained amounted to inhuman and degrading
treatment prohibited by Article 3 of the Convention and a violation of
their rights under Article 8 of the Convention.
The fourth applicant complains under Articles 3, 5, 6, 7 and 8
of the Convention that he was tortured, that he was illegally arrested
and detained, that he was sentenced by a court not established by law
and after flagrantly unfair proceedings, and that he was convicted for
an act which did not constitute a criminal offence under the law of the
Republic of Cyprus or international law.
PROCEEDINGS BEFORE THE COMMISSION
Applications Nos 16262/90 and 16263/90 were introduced on
6 March 1990 and registered on 7 March 1990. Application No. 16290/90
was introduced on 9 March 1990 and registered on the same date.
On 10 March 1990 the Commission rejected a request for interim
measures presented by the applicants in the above applications under
Rule 36 of its Rules of Procedure. It further decided to give the cases
priority and to request information from the respondent Government
concerning the whereabouts of the applicants.
The Government submitted observations on 28 March 1990 and the
applicants replied on 6 May 1990.
Application No. 16760/90 was introduced on 14 June 1990 and
registered on 20 June 1990.
On 13 July 1990 the Commission decided to give the application
priority and to invite the respondent Government to provide the
Commission with information concerning the applicant's arrest,
detention and trial.
The Government submitted observations on 27 September 1990 and
the applicant replied on 22 November 1990.
On 14 January 1992 the Commission decided to join the four
applications and to invite the parties to supplement their observations
on the admissibility and merits of the applications in the light of the
Commission's decision of 4 March 1991 on the admissibility of
applications Nos 15299/89, 15300/89 and 15318/89.
The Government submitted observations on 20 May 1992 and the
applicants on 18 May 1992.
On 13 May 1994 the Commission decided to adjourn its examination
of the applications pending delivery of the Court's judgment on the
case Loizidou v. Turkey.
On 8 April 1995 the Commission decided to adjourn its examination
of the applications pending delivery of the Court's judgment on the
merits of the case Loizidou v. Turkey.
On 18 April 1995 the applicants' lawyer informed the Commission
that the applications were withdrawn.
REASONS FOR THE DECISION
The Commission notes that the applicants wish to withdraw their
applications. It further considers that respect for Human Rights as
defined in the Convention does not require it to continue the
examination of the applications.
It follows that the applications may be struck off the list of
cases pursuant to Article 30 para. 1 (a) of the Convention.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATIONS OUT OF ITS LIST OF CASES.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)
Full & Egal Universal Law Academy