INTERNATIONAL CONDEMNATION
OF THE VIOLATION OF HUMAN RIGHTS
BY TURKEY IN THE REPUBLIC OF CYPRUS

A. THE EUROPEAN PARLIAMENT

RESOLUTION 12.7.1990
on the violation of human rights in Cyprus

The European Parliament,
a. having regard to its previous resolutions on the situation in Cyprus,
b. having regard to the statement on Cyprus issued at the European Council Meeting in Dublin on 25-26 June 1990,
c. whereas the European Parliament in its resolution of 15 March 1990 called for the immediate release of the five young Greek Cypriot men who were arrested by the Turkish occupying forces in the demilitarized zone and whereas one of these is still being illegally detained,
d. bearing in mind the debate in this House condemning the continuing lack of information of persons missing, both Greek Cypriots and Turkish Cypriots, following the invasion of the island by Turkish troops in 1974,
e. having regard to the measures taken by the so-called Turkish Cypriot state of Mr. Denktash, following the above statement by the European Council at the Dublin Summit and the submission of an official application for accession to the Community by the Republic of Cyprus, reacted immediately by closing the crossing points to the occupied territories and issuing statements aimed at undermining any chances of a dialogue,
f. aware that the breakdown of the intercommunal talks on Cyprus under the auspices of the UN Secretary-General resulted in enormous frustration and disappointment amongst the Cypriot people and conscious that such a frustration could have resulted in great conflict as it has done in other parts of the Middle East.

1. Condemns the continuing flagrant violation of human rights in Cyprus and stresses the need to continue the intercommunal dialogue under the aegis of the UN Secretary-General.
2. Calls for the immediate release of the young man still being illegally held by the Turkish occupying forces, the opening of the crossing points between the two communities of Cyprus and the immediate provision of information on the fate of persons missing following the invasion of Cyprus by Turkish forces in 1974,
3. Welcomes the statement issued by the European Council Meeting in Dublin on 25-26 June and calls for the Community institutions to adapt their policies accordingly and to step up their efforts to promote a just and viable solution to the problem of restoring legitimacy in Cyprus.
Instructs its President to forward this resolution to the Commission, the Council, the Foreign Ministers Meeting in European Political Cooperation, the Government of the Member States, the Turkish Government and the Government of Cyprus.


B. EUROPEAN COMMISSION OF HUMAN RIGHTS

APPLICATION No. 8007/77
CYPRUS AGAINST TURKEY

REPORT OF THE COMMISSION
(Adopted on 4 October 1983)
(Excerpts)

PART IV - CONCLUSIONS

The Commission,
Having examined the allegations in this application (see Parts II and III above); Having found that Art. 15 of the Convention does not apply (see Part I, Chapter 4); Arrives at the following findings and conclusions:

Missing persons (para 123 above)
The Commission, having found it established in three cases, and having found sufficient indications in an indefinite number of cases, that Greek Cypriots who are still missing were unlawfully deprived of their liberty, in Turkish custody in 1974, noting that Turkey has failed to account for the fate of these persons, concludes by 16 votes against one that Turkey has violated Art. 5 of the Convention.

Displacement of persons and separation of families (paras 135, 136 above)
The Commission concludes, by 13 votes against two with two abstentions that, by her continued refusal to allow over 170,000 Greek Cypriots the return to their homes in the North of Cyprus, Turkey continues to violate Art. 8 in all these cases. The Commission further concludes by 14 votes against two and with one abstention, that, in the cases of continued separation of families resulting from Turkey's refusal to allow the return of Greek Cypriots to their family members in the North, Turkey continues to violate Art. 8 of the Convention.

Deprivation of possessions (para 155 above)
The Commission concludes, by 13 votes against one and with three abstentions, that Turkey has violated Art. 1 of Protocol No 1.
Absence of remedies (para 158 above)
The Commission, in its examination of the merits of this complaint, does not find it necessary to add anything to its finding in the decision on admissibility.

Discrimination (para 162 above)
Having again found violations of the rights of Greek Cypriots under a number of Articles of the Convention in the present case, the Commission does not consider it necessary to add anything to its finding under Art. 14 in the previous case.

Position of Turkish Cypriots (para 165 above)
The Commission, having regard to the material before it, finds that it does not have sufficient available evidence enabling it to come to any conclusion regarding this complaint.

Secretary to the Commission President of the Commission
(H.C. KRUGER) ( C.A. N»RGAARD)


C. U.N. GENERAL ASSEMBLY

RESOLUTION 37/253 (1983)

The U.N. General Assembly adopted on May 13, 1983 resolution 37/253 on Cyprus. The vote on the resolution was 103 in favour and 5 against with 20 abstentions. The votes against the resolution were cast by Bangladesh, Malaysia, Pakistan, Somalia and Turkey. Following is the text of the resolution: The General Assembly,
Having considered the question of Cyprus, Recalling its resolution 3212(XXIX) of 1 November 1974 and its subsequent resolutions on the question of Cyprus,
Recalling the high-level agreements of 12 February 1977 and 19 May 1979, Reaffirming the principle of the inadmissibility of occupation and acquisition of territories by force,
Greatly concerned at the prolongation of the Cyprus crisis, which poses a serious threat to international peace and security,
Deeply regretting that the resolutions of the United Nations on Cyprus have not yet been implemented,
Recalling the idea of holding an international conference on Cyprus, Deploring the fact that part of the territory of the Republic of Cyprus is still occupied by foreign forces,
Deploring the lack of progress in the intercommunal talks, Deploring all unilateral actions that change the demographic structure of Cyprus or promote faits accomplis,
Reaffirming the need to settle the question of Cyprus without further delay by peaceful means in accordance with the provisions of the Charter of the United Nations and the relevant United Nations resolutions,

1. Reiterates its full support for the sovereignty, independence, territorial integrity, unity and non-alignment of the Republic of Cyprus and calls once again for the cessation of all foreign interference in its affairs;
2. Affirms the right of the Republic of Cyprus and its people to full and effective sovereignty and control over the entire territory of Cyprus and its natural and other resources and calls upon all states to support and help the Government of the Republic of Cyprus to exercise these rights;
3. Condemns any act which tends to undermine the full and effective exercise of the above-mentioned rights, including the unlawful issue of titles of ownership of property;
4. Welcomes the proposal for total demilitarization made by the President of the Republic of Cyprus;
5. Expresses its support for the high-level agreements of 12 February 1977 and 19 May 1979 and all the provisions thereof;
6. Demands the immediate and effective implementation of resolution 3212(XXIX), unanimously adopted by the General Assembly and endorsed by the Security Council in its resolution 365(1974) of 13 December (1974), and of the subsequent resolutions of the Assembly and the Council on Cyprus, which provide the valid and essential basis for the solution of the problem of Cyprus;
7. Considers the withdrawal of all occupation forces from the Republic of Cyprus as an essential basis for a speedy and mutually acceptable solution of the Cyprus problem;
8. Demands the immediate withdrawal of all occupation forces from the Republic of Cyprus;
9. Commends the intensification of the efforts made by the Secretary-General, while noting with concern the lack of progress in the intercommunal talks;
10. Calls for meaningful, result-oriented, constructive and substantive negotiations between the representatives of the two communities, under the auspices of the SecretaryGeneral, to be conducted freely on an equal footing on the basis of the relevant United Nations resolutions and the high-level agreements, with a view to reaching as early as possible a mutually acceptable agreement based on the fundamental and legitimate rights of the two communities;
11. Calls for respect of the human rights and fundamental freedoms of all Cypriots, including the freedom of movement, the freedom of settlement and the right to property and the instituting of urgent measures for the voluntary return of the refugees to their homes in safety;
12. Considers that the de facto situation created by the force of arms should not be allowed to influence or in any way affect the solution of the problem of Cyprus;
13. Calls upon the parties concerned to refrain from any unilateral action which might adversely affect the prospects of a just and lasting solution of the problem of Cyprus by peaceful means and to cooperate fully with the Secretary-General in the performance of his task under the relevant resolutions of the General Assembly and the Security Council as well as with the United Nations Peace-Keeping Force in Cyprus;
14. Calls upon the parties concerned to refrain from any action which violates or is designed to violate the independence, unity, sovereignty and territorial integrity of the Republic of Cyprus;
15. Reiterates its recommendation that the Security Council should examine the question of the implementation, within a specified time-frame, of its relevant resolutions and consider and adopt thereafter, if necessary, all appropriate and practical measures under the Charter of the United Nations for ensuring the speedy and effective implementation of the resolutions of the United Nations on Cyprus;
16. Welcomes the intention of the Secretary-General, as expressed in his report (Doc. A/37/805 of 6/5/1983), to pursue a renewed personal involvement in the quest for a solution of the Cyprus problem and, in view of this, requests the Secretary-General to undertake such actions or initiatives as he may consider appropriate within the framework of the mission of good offices entrusted to him by the Security Council for promoting a just and lasting solution of the problem and to report to the General Assembly at its thirty-eighth session on the results of his efforts;
17. Decides to include in the provisional agenda of its thirty-eighth session the item entitled 'Question of Cyprus and requests the Secretary-General to follow up the implementation of the present resolution and to report on all its aspects to the General Assembly at that session.

Separate vote on paragraph 8
A separate vote was taken on operative paragraph 8, which was approved by 89 votes in favour, 5 against and 27 abstentions.
Separate vote on paragraph 15
A separate vote was also taken on operative paragraph 15 which was approved by 86 votes in favour, 8 against and 25 abstentions.


D. U.N. SECURITY COUNCIL

RESOLUTION 361 (1974)
Adopted by the Security Council on 30 August 1974

The Security Council,
Conscious of its special responsibilities under the United Nations Charter, Recalling its resolutions 186(1964) of 4 March 1964, 353(1974) of 20 July, 354(1974) of 23 July, 355(1974) of 1 August, 352(1974) of 14 August, 358(1974) and 359(1974) of 15 August, 360 (1974) of 16 August 1974,
Noting that a large number of people on the island have been displaced, and are in need of humanitarian assistance,
Mindful of the fact that it is one of the foremost purposes of the United Nations to lend humanitarian assistance in situations such as the one currently prevailing in Cyprus, Noting also that the United Nations High Commissioner for Refugees has already been appointed as Co-ordinator of United Nations Humanitarian Assistance for Cyprus with the task of coordinating relief assistance to be provided by United Nations programmes and agencies and from other sources,
Having considered the report of the Secretary-General contained in document (S/11473),

1. Expresses its appreciation to the Secretary-General for the part he has played in bringing about talks between the leaders of the two communities in Cyprus;
2. Warmly welcomes this development and calls upon those concerned in the talks to pursue them actively with the help of the Secretary-General and in the interests of the Cypriot people as a whole;
3. Calls upon all parties to do everything in their power to alleviate human suffering, to ensure the respect to fundamental human rights for every person and to refrain from all action likely to aggravate the situation;
4. Expresses its grave concern at the plight of the refugees and other persons displaced as a result of the situation in Cyprus and urges the parties concerned, in conjunction with the Secretary-General, to search for peaceful solutions of the problems of refugees, and take appropriate measures to provide for their relief and welfare and to permit persons who wish to do so to return to their homes in safety;
5. Requests the Secretary-General to submit at the earliest possible opportunity a full report on the situation of the refugees and other persons referred to in paragraph 4 above and decides to keep that situation under constant review;
Further requests the Secretary-General to continue to provide emergency United Nations humanitarian assistance to all parts of the population of the island in need of such assistance;
6. Calls upon all parties, as a demonstration of good faith to take, both individually and in cooperation with each other, all steps which may promote comprehensive and successful negotiations;
7. Reiterates its call to all parties to cooperate fully with UNFICYP in carrying out its tasks;
8. Expresses the conviction that the speedy implementation of the provisions of the present resolution will assist the achievement of a satisfactory settlement in Cyprus.

Adopted unanimously at the 1795th meeting.

RESOLUTION 550 (1984)
Adopted by the Security Council on 11 May 1984

The Security Council,
Having considered the situation in Cyprus at the request of the Government of the Republic of Cyprus,
Having heard the statement made by the President of the Republic of Cyprus, Taking note of the report of the Secretary-General (S/16519), Recalling its resolutions 365(1974), 367(1975), 541(1983) and 544(1983), Deeply regretting the non-implementation of its resolutions, in particular resolution 541(1983),
Gravely concerned about the further secessionist acts in the occupied part of the Republic of Cyprus which are in violation of resolution 541(1983), namely the purported 'exchange of Ambassadors between Turkey and the legally invalid 'Turkish Republic of Northern Cyprus and the contemplated holding of a 'constitutional referendum and 'elections, as well as by other actions aimed at further consolidating the purported independent state and the division of Cyprus,
Deeply concerned about recent threats for settlement of Varosha by people other than its inhabitants,
Reaffirming its continuing support for the United Nations Peace-Keeping Force in Cyprus

1. Reaffirms its resolution 541(1983) and calls for its urgent and effective implementation,
Condemns all secessionist actions, including the purported exchange of Ambassadors between Turkey and the Turkish Cypriot leadership, declares them illegal and invalid and calls for their immediate withdrawal;
2. Reiterates the call upon all States not to recognize the purported state of the 'Turkish Republic on Northern Cyprus' set up by secessionist acts and calls upon them not to facilitate or in any way assist the aforesaid secessionist entity;
3. Calls upon all States to respect the sovereignty, independence, territorial integrity, unity and non-alignment of the Republic of Cyprus;
4. Considers attempts to settle any part of Varosha by people other than its inhabitants as inadmissible and calls for the transfer of this area to the administration of the United Nations;
5. Considers any attempts to interfere with the status or the deployment of the United Nations Peace-Keeping Force in Cyprus as contrary to the resolutions of the United Nations;
6. Requests the Secretary-General to promote the urgent implementation of Security Council resolution 541(1983);
7. Reaffirms its mandate of good offices given to the Secretary-General and requests him to undertake new efforts to attain an overall solution to the Cyprus problem in conformity with the principles of the Charter of the United Nations and the provisions for such a settlement laid down in the pertinent United Nations resolutions, including Security Council resolution 541(1983) and the present resolution;
8. Calls upon all parties to cooperate with the Secretary-General in his mission of good offices;
9. Decides to remain seized of the situation with a view to taking urgent and appropriate measures in the event of non-implementation of its resolution 541(1983) and the present resolution;
10. Requests the Secretary-General to promote the implementation of the resolution and to report thereon to the Security Council as developments require.

Adopted at the 2539th meeting by 13 votes to 1 (Pakistan) with 1 abstention (United States of America).


E. U.N. COMMISSION ON HUMAN RIGHTS

RESOLUTION 4(XXXII)
Adopted on 27.2.76 on the Question of Human Rights in Cyprus

The Commission of Human Rights,
Guided by the principles and purposes of the United Nations,
Mindful of the Universal Declaration of Human Rights and the relevant international instruments in particular the provisions of the Geneva Conventions of 12 August 1949,
Noting General Assembly resolutions 3395(XXX) and 3450(XXX), Reaffirming its resolution 4(XXXI) and deeply concerned by the lack of progress in its implementation,
Recalling resolution 1 (XXVII) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Deeply concerned by the continuation of the Cyprus crisis and the continuing plight of the displaced persons in Cyprus,
Mindful of the need to solve the humanitarian problems and restore human rights in Cyprus without further delay,
Recommending to the communities to do their utmost to find a just and lasting peaceful solution to the Cyprus problem based on respect of the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus, which solution will also guarantee the full enjoyment in mutual confidence by the whole population of Cyprus of all human rights and fundamental freedoms,
Noting the report of the Secretary-General under General Assembly resolution 3450(XXX) and its own resolution 4(XXXI) and expressing appreciation therefor,
Appreciating the fact that the time factor has not enabled the Secretary-General to complete his task under General Assembly resolution 3450(XXX),

1. Renews its call upon the parties concerned to undertake urgent measures to facilitate the voluntary return of all refugees and displaced persons to their homes in safety and to settle all other aspects of the refugee problem;
2. Urges all parties to refrain from unilateral actions in contravention of the relevant United Nations resolutions, including changes in the demographic structure of Cyprus;
3. Requests the Secretary-General to continue and intensify his efforts under General Assembly resolution 3450(XXX) in respect of missing persons in Cyprus and calls upon the parties concerned to co-operate with the Secretary-General in the fulfilment of his task;
4. Requests the Secretary-General to provide the Commission on Human Rights at its thirty-third session with the information relevant to the implementation of the present resolution.
5. Decides to consider the question of human rights in Cyprus at its thirty-third second session.

Adopted at the 1369th meeting, without a vote.

RESOLUTION 1987/50
Adopted on 11.3.1987 on the Question of Human Rights in Cyprus

The Commission of Human Rights,
Guided by the purposes and principles of the United Nations,
Mindful of the Universal Declaration of Human Rights and other relevant international instruments in the field of human rights,
Noting General Assembly resolutions 3212 (XXIX) of 1 November 1974, 3395(XXX) of 20 November 1975, 3450(XXX) of 9 November 1975, 31/12 of 12 November 1976, 32/15 of 9 November 1977, 32/128 of 16 December 1977, 34/30 of 20 November 1979, 37/181 of 17 December 1982 and 37/253 of 13 May 1983,
Noting also Security Council resolutions on Cyprus and in particular resolutions 541(1983) of 18 November 1983 and 550(1984) of 11 May 1984,
Recalling its previous resolutions 4(XXXI) of 13 February 1975, 4(XXXII) of 27 February 1976 and 17(XXXIV) of 7 March 1978,
Mindful of the need to restore human rights in Cyprus without delay,
Reaffirming the basic human need of families to be informed without further delay, about the fate of their missing relatives, Alarmed by the fact that changes in the demographic structure of Cyprus are continuing with the influx of great numbers of settlers,
Recommending that the interested parties do their utmost to find a just and lasting solution to the Cyprus problem, based on respect for the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus and on the restoration and safeguarding of the human rights of all Cypriots,
Noting the report of the Secretary-General (E/CN. 4/1987/19) under Commission decision 1986/103 of 12 March 1986);

1. Reiterates its previous calls for the full restoration of all human rights to the population of Cyprus, in particular to the refugees;
2. Considers attempts to settle any part of Varosha by people other than its inhabitants as illegal and calls for the immediate cessation of such activities;
3. Calls for the tracing of and accounting for missing persons in Cyprus without any further delay;
4. Calls for the restoration and respect of the human rights and fundamental freedoms of all Cypriots, including the freedom of movement, the freedom of settlement and the right to property;
5. Requests the Secretary-General to provide the Commission on Human Rights at its forty-fourth session, with information relevant to the implementation of the present resolution;
6. Decides to consider the question of human rights in Cyprus at its forty-fourth session.

Adopted at the 56th meeting by 25 votes to 3, with 15 abstentions.


F. U.N. SUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES

Resolution adopted on 2nd September 1987
1987/19 Violations of Human Rights in Cyprus

The Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Gravely concerned about the continuation of gross and systematic violations of human rights in Cyprus,
Recalling its resolutions 1(XXVIII) and 8(XXXI) relating to the return of the refugees and displaced persons to their homes in safety and the full restoration of human rights in Cyprus, respectively, and regretting the delay in the implementation of these resolutions,
Recognizing that the Secretary-General is seized with the question of resolving the Cyprus problem,
Disturbed by the lack of any success of the Ad Hoc Committee on Missing Persons in Cyprus, after so many years of deliberations, to discover the fate of the missing persons in Cyprus,
Expressing its concern about the anguish and sorrow of the families of the missing persons of Cyprus, who have the right to know the fate of their relatives,
Further disturbed by the statement made during the consideration of this item at the present session concerning the implantation of thousands of settlers from Turkey in the occupied territories in Cyprus,
Considering that the withdrawal of all foreign armed forces from the Republic of Cyprus will contribute to the restoration of human rights and fundamental freedoms of all Cypriots,

1. Demands the full restoration of all human rights to the whole population of Cyprus, including the freedom of movement, the freedom of settlement and the right to property;
2. Expresses its great concern and anguish about the fate of the missing persons;
3. Expresses its concern also at the policy and practice of the implantation of settlers in the occupied territories of Cyprus which constitute a form of colonialism and attempt to change illegally the demographic structure of Cyprus;
4. Decides that the question of human rights in Cyprus should be considered in the context of item 4 of the agenda for its fortieth session.

Adopted at its 35th session by 16 votes to none with 3 abstentions.



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