I mention UN resolutions, ECHR decisions, International Law...and you still talk about ENOSIS
UN General Assembly Resolution 3212 (XXIX)
The General Assembly adopted on the evening of 1st November, 1974, resolution 3212(XXIX) by 117 votes in favour, none against and no abstentions.
The resolution reads as follows:
The General Assembly,
Having considered the question of Cyprus,
Gravely concerned about the continuation of the Cyprus crisis, which constitutes a threat to international peace and security,
Mindful of the need to solve this crisis without delay by peaceful means, in accordance with the purposes and principles of the United Nations,
Having heard the statements in the debate and taking note of the Report of the Special Political Committee on the Question of Cyprus,
1. Calls upon all states to respect the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus and to refrain from all acts and interventions directed against it;
2. Urges the speedy withdrawal of all foreign armed forces and foreign military presence and personnel from the Republic of Cyprus and the cessation of all foreign interference in its affairs;
3. Considers that the constitutional system of the Republic of Cyprus concerns the Greek-Cypriot and Turkish-Cypriot communities;
4. Commends the contacts and negotiations taking place on an equal footing, with the good offices of the Secretary-General between the representatives of the two communities, and calls for their continuation with a view to reaching freely a mutually acceptable political settlement, based on their fundamental and legitimate rights;
5. Considers that all the refugees should return to their homes in safety and calls upon the parties concerned to undertake urgent measures to that end;
6. Expresses the hope that, if necessary, further efforts including negotiations can take place, within the framework of the United Nations, for the purpose of implementing the provisions of the present resolution, thus ensuring to the Republic of Cyprus its fundamental right to independence, sovereignty and territorial integrity;
7. Requests the Secretary-General to continue to provide United Nations humanitarian assistance to all parts of the population of Cyprus and calls upon all states to contribute to that effort;
8. Calls upon all parties to continue to cooperate fully with the United Nations Peace-Keeping Force in Cyprus, which may be strengthened if necessary;
9. Requests the Secretary-General to continue to lend his good offices to the parties concerned;
10. Further requests the Secretary-General to bring the present resolution to the attention of the Security Council.
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ECHR
The European Commission of Human Rights of the Council of Europe in its report adopted on 10 July 1976 found Turkey responsible for the eviction of the Greek Cypriots from their homes, for its refusal to allow their return to their homes and for the looting and deprivation of their possessions.
In July 1989, a Kyrenia refugee, Mrs Titina Loizidou, brought a case before the European Court of Human Rights against Turkey alleging violation of her right to "peacefully enjoy" her property in Kyrenia, which is situated in the Turkish-occupied part of Cyprus.
She claimed that Turkey violated Article 8 and Article 1 of Protocol 1 of the European Convention of Human Rights. Article 1 provides that "every natural or legal person is entitled to the peaceful enjoyment of his possessions" and Article 8 stipulates that "everyone has the right to respect for his private and family life".
On 18 December 1996 the Court ruled by 11 votes to six that Turkey had violated Titina Loizidou's property rights by denying her access to plots of land in Kyrenia. It dismissed Turkey's argument that the European Human Rights Convention did not apply to its occupation of the northern half of the island since it occurred before Ankara accepted its jurisdiction. The Court found Turkey responsible for continuing violation of human rights in the Turkish occupied area of Cyprus and, refused, moreover to accept the legitimacy of the breakaway regime subsequently set up in occupied Cyprus, stating that the Republic of Cyprus remains the sole legitimate government on the island.
More recently the Court, in its judgement in the case of Cyprus V. Turkey (application no.25781/94 ) on May 10, 2001 found, by sixteen votes to one, the Turkish vote, that Turkey committed 14 violations of the European Convention on Human Rights. Out of these, three violations concern the rights of Greek Cypriot displaced persons. More specifically, the Court held that Turkey committed the following violations :
- a continuing violation of Article 8 (right to respect for private and family life, home and correspondence) concerning the refusal to allow the return of any Greek-Cypriot displaced persons to their homes in northern Cyprus;
- a continuing violation of Article 1 of ProtocolNo. 1 (protection of property) concerning the fact that Greek-Cypriot owners of property in northern Cyprus were being denied access to and control, use and enjoyment of their property as well as any compensation for the interference with their property rights;
- a violation of Article 13 (right to an effective remedy) concerning the failure to provide to Greek Cypriots not residing in northern Cyprus any remedies to contest interferences with their rights under Article 8 and Article 1 of Protocol No. 1.
Furthermore, the General Assembly, the Security Council and the Commission on Human Rights of the United Nations as well as the Non-Aligned Movement, the Commonwealth, the European Parliament, the Council of Europe and other international organisations demanded the urgent return of the refugees to their homes in safety and called for the full restoration of all human rights of the population of Cyprus.
*information was taken from the PRESS & INFORMATION OFFICE of CyP
