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Loizidou v. Turkey (Merits)

European Court of Human Rights.  18 December 1996 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — State responsibility — Responsibility for securing the rights and freedoms under a convention to persons within the jurisdiction of the State — Concept of jurisdiction — Whether limited to the territory of the State — State exercising effective control over area outside its territory as a result of military action — Whether violations of human rights in that area imputable to the State — Whether relevant that State exercises control through local authorities — Cyprus — Turkish occupation of northern Cyprus — Whether northern Cyprus within jurisdiction of Turkey for purposes of European Convention on Human Rights, 1950, Article 1

Human rights — Right to property — Continuing violation — Denial of access to property — Purported expropriation by unrecognized entity — Whether deprivation of property — Whether interference with peaceful enjoyment of possessions — European Convention on Human Rights, First Protocol, Article 1 — Right to respect for home — Denial of access to land on which applicant intended to build home — Whether a violation of European Convention on Human Rights, 1950, Article 8

International organizations — United Nations — Security Council — Effect of resolutions — Resolutions not adopted under Chapter VII of United Nations Charter — Resolutions 541 (1983) and 550 (1984) on invalidity of establishment of Turkish Republic of Northern Cyprus — Effects — United Nations buffer zone in Cyprus

International tribunals — Jurisdiction — European Court of Human Rights — European Convention on Human Rights, 1950, Article 46 — Limitation ratione temporis

Recognition — States — Effects of non-recognition — Turkish Republic of Northern Cyprus (“TRNC”) — Whether a State — Whether effect to be given to acts of TRNC — Purported expropriation of property by TRNC — Whether affecting ownership

State responsibility — Imputability — Whether acts of separate entity imputable to State — Degree of overall control required — Turkish Republic of Northern Cyprus — Whether controlled by Turkey — Whether acts imputable to Turkey

States — Existence of State — Entity not recognized by international community, with exception of one State — Whether unrecognized entity a State

War and armed conflict — Legality of resort to force — Turkish intervention in Cyprus in 1974 — Whether lawful — Occupation — Concept of occupation — Intervening forces remaining after establishment of local administration

Type
Case Report
Copyright
© Cambridge University Press 1998

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