Lexploria

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)

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NICOLAOU, PAPALEONTIOU, SAVVIDES AND LOUCA v. TURKEY

NICOLAOU, PAPALEONTIOU, SAVVIDES AND LOUCA v. TURKEY

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