PARTLY DISSENTING OPINION OF JUDGE BRATZA

1. I have voted with the majority of the Chamber on all aspects of the case save as to their conclusion under Article 13 of the Convention to the effect that the applicant had at her disposal effective domestic remedies in the “TRNC” to challenge her arrest, detention and trial within the territory and to assert her complaint about the ill-treatment which she allegedly suffered at the hands of the Turkish-Cypriot police.

2. As is noted in the judgment (§ 119), the remedy re quired by Article 13 to deal with the substance of an “arguable complaint” under the Convention must be “effective” in practice as well as in law. As is further noted (judgment, § 120), the Court held in the case of Cyprus v. Turkey ([GC], no. 25781/94, ECHR 2001-IV) that f or the purposes of Article 35 § 1, with which Article 13 has a close affinity, remedies available in the “TRNC” may be regarded as “domestic remedies” of the respondent State and that the question of their effectiveness is to be considered in the specific circumstances where it arises.

3 . The Court in its Cyprus v. Turkey judgment did not in fact reject any of the applicant Government ’ s complaints for failure to exhaust domestic remedies; instead it used the considerations which it had developed under former Article 26 of the Convention (now, Article 35) when considering the effectiveness of remedies from the standpoint of Article 13. The Court held that effective remedies were available within the “TRNC” legal system in respect of three complaints only: the complaint of interferences by private p ersons with the rights of Greek- Cypriots living in Northern Cyprus under Article 8 of the Convention and Article 1 of Protocol No. 1 (§ 324); the complaint relating to th e treatment of Turkish- Cypriots living in Northern Cyprus, who were political opponents of the “TRNC” regime; and the complaint relating to the treatment of the Gypsy community living in Northern Cyprus (§ 383). In the case of the first of these complaints, the respondent Government had produced evidence in support of their contention that court remedies were available and highlighted the successful clai ms brought by a number of Greek- Cypriot litigants. In the case of the latter two complaints, the Court observed that the applicant Government had not succeeded in refuting the respondent Government ’ s submissions in the proceedings before the Commission that remedies were available to aggrieved individuals within the “TRNC” legal system.

4 . In the present case, I note at the outset that, despite their assertion that the remedies available to the applicant in the courts of the “TRNC” were effective in law and practice, the respondent Government at no stage argued that the application was inadmissible on the grounds that the applicant had failed to exhaust those domestic remedies by, for instance, challenging her arrest or detention, lodging an appeal against her conviction or filing a formal complaint about her alleged ill-treatment at the hands of the Turkish-Cypriot police. This omission is particularly striking having regard to the Government ’ s reliance on the view of the Commission in its Report in the related case of Chrysostomos and Papa c hrysostomos v. Turkey that the applicants were unable to complain of a violation of Article 13 since they had not availed themselves of the remedies existing within the legal system of the “TRNC”.

5 . Whatever the reasons for this omission, I consider, contrary to the view of the Commission in the earlier case, that there were no effective remedies, in the sense of remedies which were available to the applicant and practicable in the particular circumstances of the present case. In contrast to the three categories of case where the Court in its Cyprus v. Turkey judgment found the remedies to be effective, th e present applicant was a Greek- Cypriot who lived in the Government-controlled part of southern Cyprus and who was not ordinarily resident in northern Cyprus at the time of the events in question. On the contrary, she had crossed the UN buffer zone as part of a demonstration to express support for the missing persons in the “TRNC” and to protest against human rights violations by the very authorities of the “TRNC” which were responsible for her arrest and detention and for the alleged acts of ill-treatment. Having been tried for illegally entering “TRNC” territory, sentenced to two days ’ imprisonment and fined and having served her sentence, the applicant was, immediately on her release, removed by bus to the Government-controlled part of Cyprus .

6. In these specific circumstances, even if it could be said that remedies to complain of her treatment by the authorities in the “TRNC” were theoretically available within the domestic legal system in that territory, I do not consider that they can be regarded as practicable or effective or that there was any realistic prospect that the applicant could successfully have invoked them.