PARTLY DISSENTING OPINION OF MR I. CABRAL BARRETO

(Translation)

In the Report that we have just adopted there are two points where, with regret, I cannot concur with the opinion of the majority of the Commission.

1. The first point concerns the question whether Article 6 of the Convention has been violated with regard to the Greek Cypriots living in northern Cyprus. Despite the quality of the organisation of the judiciary, one can doubt the independence and impartiality of the courts, from the subjective point of view, if one looks at the conclusion at which the Commission arrived concerning the living conditions of the Greek Cypriots (violation of Article 3 of Convention).

The crucial point for me, however, is to determine whether or not the judicial system in place has been “established by law”.

In a system such as that of the Convention, where the rule of law is the overriding principle, it appears to me difficult to argue that the requisite “law” is merely that of the internal legal order. To my mind, compliance with both the internal and the international legal order is necessary in order to meet the requirements of Article 6. This does not mean, however, that decisions of the national courts, insofar as they benefit the Greek Cypriots, must be called in question.

2. The other point concerns Article 13 of the Convention and is related to the first: the domestic remedies available in northern Cyprus to the Greek Cypriots living there do not meet the requirements of Article 13 for the same reasons as those set out above.

[1] The reference to former Articles of the Convention means the text of the Convention prior to the entry into force of Protocol No. 11 to the Convention on 1 November 1998.

[2] Fo r the full text of Article 8, see para. 261 below

[3] For the full text of Article 10, see para. 456 below

[4] In view of their wish to remain unidentified, the Commission will not disclose the gender of the unnamed witnesses. Accordingly, the male pronouns "he" or "his" will be used in the case of all witnesses.

[5] See text of Article 2 in para. 219 above

[6] As to the contents of Article 5, see para. 197 above.

[7] For the text of Article 1 of Protocol No. 1, see para. 310 above.

[8] For the text of Article 3 of the Convention, see para. 230 above.

[9] For the text of Article 14, see para. 332 above.

[10] Further text of Article 13, see para. 325 above.

[11] The references are to the statements of witnesses heard by the Commission’s Delegates, as summarised in paras. 542 et seq. below).

[12] For the relevant text of Article 6, see para. 440 above.

[13] For the text of Article 10, see para. 456 above.

[14] For the text of Article 11, see para. 462 above.

[15] For the text of Article 1 of Protocol No. 1, see para. 310 above.

[16] For the text of Article 13, see para. 325 above.