Güzelyurtlu and Others v. Cyprus and Turkey

Abstract

Human rights — Scope of application — European Convention on Human Rights, 1950, Article 1 — Applicants’ relatives murdered in part of Cyprus controlled by Cypriot Government — Murder suspects fleeing to northern part of Cyprus — Northern part of Cyprus occupied by Turkey — “Turkish Republic of Northern Cyprus” — “Turkish Republic of Northern Cyprus” not recognized as a State under international law — Cypriot Government seeking surrender and extradition of murder suspects — Applicants alleging failure of authorities to conduct effective investigation into killing of their relatives — Procedural obligation under Article 2 of Convention — Duty to cooperate under procedural limb of Article 2 — Whether applicants’ complaint in respect of Turkey compatible ratione loci with Convention — Whether “jurisdictional link” existing for purposes of Article 1 of Convention in cases where death occurring outside territory of Contracting State in respect of which procedural obligation under Article 2 of the Convention said to arise — Whether institution of investigation or proceedings by that Contracting State sufficient to establish “jurisdictional link” — Principles — “Special features” — Human rights protection in legal space of Convention — Whether Turkey having jurisdiction under Article 1 of Convention in respect of applicants’ complaint under procedural limb of Article 2 of Convention

Human rights — Right to life — European Convention on Human Rights, 1950, Article 2 — Procedural element — Applicants’ relatives murdered in part of Cyprus controlled by Cypriot Government — Murder suspects fleeing to northern part of Cyprus — Northern part of Cyprus occupied by Turkey — “Turkish Republic of Northern Cyprus” — “Turkish Republic of Northern Cyprus” not recognized as a State under international law — Cypriot Government seeking surrender and extradition of murder suspects — Effectiveness of investigation into murder of applicants’ relatives — Adequacy of investigation — Duty to cooperate as a component of the procedural obligation under Article 2 of Convention — Transnational cases — Transnational cases involving a Contracting State and a de facto entity under effective control of another Contracting State — Absence of diplomatic relations between Cyprus and Turkey — Council of Europe conventions — Relevance — Whether failure to cooperate — Whether Cyprus violating Article 2 of Convention under its procedural limb — Whether Turkey violating Article 2 of Convention under its procedural limb

Recognition — States — Jurisdiction — Exercise of jurisdiction in unrecognized entities — Unlawful occupation of northern part of Cyprus by Turkey — De facto entity in Cyprus’s internationally recognized territory — “Turkish Republic of Northern Cyprus” — “Turkish Republic of Northern Cyprus” not recognized as a State under international law — Turkey having effective control for purposes of European Convention on Human Rights, 1950 — Obligation to cooperate component of procedural obligation under Article 2 of Convention — Alleged lack of cooperation involving de facto entity — Responsibility of Turkey engaged under Convention

Territory — Occupation — Unlawful occupation of northern part of Cyprus by Turkey — De facto entity in Cyprus’s internationally recognized territory — “Turkish Republic of Northern Cyprus” — “Turkish Republic of Northern Cyprus” not recognized as a State under international law — Turkey having effective control for purposes of European Convention on Human Rights, 1950 — Absence of formal diplomatic relations between Cyprus and Turkey — International treaties to which both States parties — Relevance — Indirect channels of cooperation — Duty to cooperate under procedural limb of Article 2 of Convention — Whether failure to cooperate — Whether Cyprus violating Article 2 of Convention under its procedural limb — Whether Turkey violating Article 2 of Convention under its procedural limb

Treaties — Applicability — Council of Europe conventions — European Convention on Extradition, 1957 — European Convention on Mutual Assistance on Criminal Matters, 1959 — Relevance — Obligation to cooperate under procedural limb of Article 2 of European Convention on Human Rights, 1950 — Interpretation of obligation to cooperate — Whether Cyprus and Turkey using all available possibilities to cooperate — Whether treaties sole reference framework — Absence of formal diplomatic relations — Indirect channels of cooperation — Cooperation in criminal matters — Norms and principles of international law — Whether failure to cooperate by Cyprus and Turkey in violation of Article 2 of Convention in its procedural limb

Damages — Pecuniary damage — Non-pecuniary damage — Whether claim for pecuniary damage substantiated — Whether applicants to be afforded just satisfaction — Suffering caused by gravity of crime and failure of respondent Governments to cooperate to bring perpetrators to justice — Whether non-pecuniary damage could be compensated solely by finding of a violation — Costs and expenses — Application of Article 41 of European Convention on Human Rights, 1950