by halil » Wed Jul 25, 2012 8:34 am
(c) Negotiated transfer of prisoners and detainees including those detained in Turkey
The fact that several thousand Greek Cypriot prisoners and detainees, including those detained in Turkey, became displaced as a consequence of their transfer and release to the south of Cyprus under the provisions of the Geneva Declaration [of the Foreign Ministers of Greece, Turkey and the United Kingdom of 30 July 1974] and various intercommunal agreements is common knowledge.
The Commission has not fully investigated to which extent these persons had an option to return to their homes in the north of Cyprus. It observes that the permission for the return of 20% of the prisoners from Turkey to their homes in the north of Cyprus could only be achieved with difficulties, but one could assume in the circumstances that the remainder of this group of prisoners were persons who had actually opted for their release to the south. On the other hand it appears from the testimony of witness Perkettis that prisoners were not asked where they wanted to be released.
With regard to persons who had been detained in detention centres in the north of Cyprus, the Commission finds it established that they were virtually barred from returning to their homes in the north of Cyprus. Only very few of them were released in the north. This is recorded in public documents of the United Nations. Moreover, the statements made by UNHCR and ICRC representatives at the intercommunal meeting of 7 February 1975, the record of which the Commission accepts as correct, indicate the will of these persons to remain in the areas under Turkish control was broken by the conditions imposed on them. Mr. Zuger expressly stated, 'They want to go south because they are not allowed to go back to their homes.'
In addition, some witnesses conveyed their impression that the detention centres were a special device for the evacuation of the Greek Cypriot population from the north of Cyprus.[…] In the light of the above the Commission finds a strong indication that evacuation of the Greek Cypriot population was a purpose of the detention centres."
The Commission concluded that, by the refusal to allow the return of more than 170,000 Greek Cypriot refugees to their homes in the north of Cyprus, Turkey violated Art. 8 of the European Convention on Human Rights. The Commission confirmed again the existence of this violation in 1983 and 1999.
The Commission also concluded in 1976 that, by the eviction of Greek Cypriots from houses, including their own homes, by their transportation to other places within the north of Cyprus, of by their deportation across the demarcation line, Turkey equally violated Art. 8 of the Convention.
Displacement continues as a result of population transfer agreement and human rights violations (1975-2003)
• Following talks held between the representatives of the two communities in Vienna in 1975, Turkish Cypriots remaining in the south were allowed to leave for the north
• 10,000 Greek Cypriots who had stayed in the north could either stay and enjoy full minority rights or leave.