CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 20 janvier 1998

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                      AS TO THE ADMISSIBILITY OF          Applications Nos.    25316/94   I. Denizci                          25317/94   A. Merthoca                          25318/94   H. Mavideniz, Y. Mavideniz                                    and D. Davulcular                          25319/94   H.M. Merthoca                          25320/94   E. Kaptanoglu                          25321/94   T.A. Kismir                          27207/95   I. Tufansoy                          against Cyprus        The European Commission of Human Rights sitting in private on 20 January 1998, the following members being present:             MM    S. TRECHSEL, President                G. JÖRUNDSSON                H. DANELIUS           Mrs   G.H. THUNE           M     C.L. ROZAKIS           Mrs   J. LIDDY           MM    B. MARXER                M.A. NOWICKI                N. BRATZA                I. BÉKÉS                G. RESS                A. PERENIC                P. LORENZEN                K. HERNDL                E. BIELIUNAS                E.A. ALKEMA                M. VILA AMIGÓ                R. NICOLINI                A. ARABADJIEV             Mr    M. de SALVIA, Secretary to the Commission;          Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;        Having regard to the applications introduced on 12 September 1994 by Ilker Denizci, Aziz Merthoca, Hüseyin Mavideniz, Yilmaz Mavideniz, Dogan Davulcular, Hasan M. Merthoca, Erbay Kaptanoglu and Taser Ali Kismir against Cyprus, and registered on 27 September 1994 under files Nos. 25316-25321/94, and the application introduced on 12 September 1994 by Ibrahim Tufansoy against Cyprus and registered on 2 May 1995 under file No. 27207/95;Having regard to :   -     the reports provided for in Rule 47 of the Rules of Procedure of      the Commission;   -     the observations submitted by the respondent Government on      16 November 1995 and the observations in reply submitted by the      applicants on 5 February 1996;   -     the Commission's decision of 31 October 1997 to join the      applications;   -     the supplementary observations submitted by the respondent      Government on 5 January 1998;   -     the parties' oral submissions at the hearing on 20 January 1998;        Having deliberated;        Decides as follows:   THE FACTS        The applicants are all Cypriot citizens of Turkish origin.        The first applicant, Ilker Denizci, born in 1960, is a construction worker. He is presently residing in Akcay-Guzelyurt (Morphou) in the northern part of Cyprus.        The second applicant, Aziz M. Merthoca, born in 1968, is a construction worker. He is presently serving a sentence of nine months' imprisonment in the northern part of Cyprus.        The third applicant, Hüseyin Mavideniz, the fourth applicant, Yilmaz Mavideniz, and the fifth applicant, Dogan Davulcular, are presently residing in Famagusta, in the northern part of Cyprus. The third and the fourth applicants are brothers. The third and the fifth applicants are brothers-in-law.        The sixth applicant, Hasan Mehmet Merthoca, born in 1955, is a construction worker. He is presently residing in Girne (Kyrenia) in the northern part of Cyprus.        The seventh applicant, Erbay Kaptanoglu, born in 1950, is a builder. He is presently residing in Gecitkale (Lefkoniko), Famagusta, in the northern part of Cyprus.        The eighth applicant, Taser Ali Kismir, born in 1957, is a construction worker. He is presently residing in Paphos (Republic of Cyprus).        The ninth applicant, Ibrahim Tufansoy, born in 1926 in Limassol, is a retired municipality worker.   He lives in Morphou, in the northern part of Cyprus.   He is the father and next of kin of deceased Ilker Tufansoy who was killed in the village of Stavrokonno (Aydogan) in Paphos, Republic of Cyprus, on 2 June 1994.   He is bringing the application as the father and/or next of kin of the deceased, and/or administrator of the estate of the deceased, for and/or on behalf of the family and/or the estate of the deceased.        Before the Commission the applicants are represented by Zaim M. Necatigil, a lawyer practising in Nicosia (in the northern part).        The facts of the case, which are in dispute between the parties, may be summarised as follows.   A.    Submissions of the applicants        The case of Ilker Denizci        In February 1991 the applicant, who had previously been living in the northern part of Cyprus, moved to the territories under the control of the Republic of Cyprus, where he worked as a builder until June 1992.   There, he was under strict surveillance by the Cypriot police.   His movements were monitored and at certain times, he was taken to the police headquarters where he was severely beaten and intimidated.   When it was found that he was working at Ayia Napa the police ordered him to leave his work, beat him and threatened to kill him if he did not leave the territories under the control of the Republic of Cyprus.   On 12 June 1992 the applicant returned to northern Cyprus and on 4 March 1994 he crossed over again to the territories under the control of the Republic of Cyprus.   He first went to Larnaca and a few days later to Limassol.   He started to work as a builder at Aghrodimou village within the British military base of Akrotiri.        On 4 April 1994 at about 7.30 a.m., two Cypriot policemen, believed to be attached to the Secret Intelligence Police, came to the applicant's place of work and ordered him to come with them.   The applicant was forced into a car and taken to Limassol police headquarters, believed to be that of the Central Intelligence Service.        There, he was interrogated about the murder in Nicosia of Theophilos Georghiades, the desk officer responsible for Turkish affairs at the Cypriot Public Information Office who had been killed on 20 March 1994 by unknown persons.        The applicant was then taken to Nicosia police station in the vicinity of Paphos gate, a two-storey building believed to be the central headquarters   of the Cypriot Intelligence Service.   There he was insulted and beaten by 8-9 policemen for about 20 minutes.   He was then blindfolded and taken to the police headquarters in the Troodos/Kambos area.   At these headquarters two uniformed policemen seated the applicant on a chair, the wrong way round, and handcuffed him.   He was interrogated for about one hour about the killing of Mr. Georghiades.   During the interrogation, he was severely and continually beaten by hand and fist, received blows from an electrical baton and was hit several times with an olive stick and a pistol butt.   The two policemen left the applicant in a helpless state for about half an hour.   Then they came back and forced him to sign and affix his fingerprint on a statement to the effect that he had no complaint about the Cypriot police and wanted to go to the northern part of Cyprus freely of his own will.   When he refused, a club was pushed into his mouth pulling out one of his teeth.   He then signed the statement.   His identity card certifying that he was a citizen of Turkish origin of the Republic of Cyprus was seized by the policemen.   Then he was put in a cell.        On the same evening, at about 8.00 p.m., four armed policemen blindfolded the applicant and put him in a car.   After 15-20 minutes' journey, the car was stopped and the applicant came out of the car. When the blindfold was removed the applicant realised that he was in the middle of fortifications under the control of the Republic of Cyprus near the United Nations buffer-zone.   The policemen made the applicant take off his shoes, started stamping on his toes, crushing and bleeding them, and then extinguished their burning cigarettes on them.   They took away the sum of 380 Cyprus Pounds which the applicant had in his pocket.   The policemen then pulled the applicant by the handcuffs, released them and pushed him into a dry river bed and set their guns.   They told the applicant to follow the river to the north and said if he returned they would shoot him.        As the applicant had received blows on every part of his body, he could not walk.   He crawled along the river bed and reached the northern part of Cyprus at Taspinar (Angolem) village. In the northern part of Cyprus the applicant was examined and treated at Cengiz Topel (Pendayia) Hospital, and later at the "Turkish Cypriot State Hospital" in Nicosia.        In a report dated 8 April 1994, a medical doctor of the Cengiz Topel Hospital stated that there was evidence of abrasions on both sides of the applicant's zygomatic zones and also on the right mandibular zone.   According to the Report, there were several wounds in different sizes on both hands and both tibia areas.   There was also evidence of abrasion and bruises of different sizes and width on the upper back and right shoulder.   The applicant was also found to be a diabetic.        The toe which the policemen had stamped upon and crushed was later affected with gangrene and had to be amputated.        The applicant was also examined by a United Nations medical officer at the United Nations Ledra Palace headquarters.        The case of Aziz M. Merthoca        The applicant used to live in the northern part of Cyprus until 1985.   In 1985, with another Cypriot citizen of Turkish origin, he crossed over to the territories under the control of the Republic of Cyprus in order to find work there and earn a living.   They reported to a police station in Xylotymbou where they were questioned about the military situation in the northern part of Cyprus.   They were later taken to the Cypriot Central Intelligence Police Headquarters in Nicosia.   They were detained for 18 days during which they were interrogated and beaten by the police.        The applicant and his friend were later allocated a house by the police at the Turkish quarter of Limassol.   The applicant started to work as a construction labourer in Limassol.   Within a few months the applicant met P.Y., a Cypriot citizen of Greek origin with whom he rented a house and started living together.   In 1987 the applicant and P.Y. had a daughter and in 1991 the couple had a son.        After the killing of Theophilos Georghiades the applicant was taken to the Limassol police station where he was interrogated by Cypriot policemen attached to the Central Intelligence Service.   A statement was taken from him.        On 17 April 1994, the applicant, together with another Turkish Cypriot, Yilmaz Mavideniz (cf. Application No. 25318/94), helped some other Cypriot citizens of Turkish origin to cross from the northern part of Cyprus to the territories under the control of the Republic of Cyprus, and tried to find accommodation for them in Limassol.   Among the persons whom they helped to cross to the south, were Hüseyin Mavideniz, Nermin Mavideniz, Dogan Davulcular, Hüseyin Davulcular, Selma Davulcular and their four children.        On 18 April 1994, when the applicant was getting prepared to go to work, three Cypriot policemen from the Central Intelligence Service by the names of Theodoro, Rodi and Kosti came to his apartment and told him that they would take him to the police headquarters.   The applicant was taken to the Limassol police headquarters.   Yilmaz Mavideniz and the Turkish Cypriots whom they had helped to cross to the south were already there.   The applicant and Yilmaz Mavideniz were taken into another room and beaten by hand and fist for helping the other Turkish Cypriots to come to the territories under the control of the Republic of Cyprus.        On the same day, towards mid-day, they were all put in a mini-bus and driven to Nicosia Central Intelligence Service Headquarters. There, the applicant and other men were beaten by 6-7 policemen, amongst whom the applicant recognised Chrystaki and Beniko.   Then they were all driven to a police station in a mountain village called Kambou.   There the applicant and the other men were again beaten by the Cypriot Intelligence Police with clubs and sand bags.   They were forced to sign statements to the effect that they had no complaint against the Cypriot police and wanted to go to the northern part of Cyprus of their own will.   They were then put in a cell.        In the evening of the same day the applicant and the other Turkish Cypriots were taken from the cell.   The applicant was handcuffed and slapped before he was put in a police jeep.   They were put in two jeeps and driven to a dry riverbed near the buffer-zone south of the Guzelyurt (Morphou) area.   The handcuffs were removed and they were ordered to walk along the riverbed to the northern part of Cyprus. A policeman by the name of Chrystaki Savva warned them not to come back, otherwise they would be shot.   The applicant and the other persons followed a different route to the north in case the route suggested by the police might have been mined.   They safely reached the village of Taspinar in the northern part of Cyprus.        On 21 April 1994, the applicant was examined at the "Turkish Cypriot State Hospital" in Nicosia.   On the same day a medical report was drawn up which stated that there was swelling and ecchymosis on both scapular regions.   The applicant was later examined by a United Nations medical officer.        On 27 August 1995, the applicant returned to the South to join P.Y. and their children.        On 28 August 1995, under threat and blackmail from the Greek Cypriot police, the applicant gave a statement declaring that he had been ill-treated by the Turkish or Turkish Cypriot police.        The case of Hüseyin and Yilmaz Mavideniz and Dogan Davulcular        In 1986 Yilmaz Mavideniz crossed over from the northern part of Cyprus to the territories under the control of the Republic of Cyprus in order to find work there and earn a living.   He worked there until 1991 when he returned to the northern part of Cyprus.   In 1992 he again crossed to the Republic of Cyprus.   Upon arrival at Limassol, he went to the Limassol police station and reported his arrival.   He resided in Limassol where he worked as a construction worker and later at a petrol station.   During this period he met T., a Cypriot woman of Greek origin, and they lived together in the Turkish quarter of Limassol.        Yilmaz Mavideniz was continually under the surveillance and control of the Cypriot police and his movements were monitored.On 17 April 1994, he helped some other Turkish Cypriots to cross from the northern part of Cyprus to the territories under the control of the Republic of Cyprus and tried to find accommodation for them in Limassol.   The persons whom they helped to cross to the south were Hüseyin Davulcular, Dogan Davulcular (his cousins), Hüseyin Mavideniz and their wives and children.        On 18 April 1994, three Cypriot policemen from the Central Intelligence Service, amongst whom were Rodi and Asimeno, visited the house of Yilmaz Mavideniz.   The other Turkish Cypriots who had come to the south the day before and were staying in the house of Yilmaz Mavideniz (Dogan and Hüseyin Davulcular and their wives and children) were taken from the house and driven to Limassol police station.   A police officer named Asimeno ordered Yilmaz Mavideniz to drive him to the house where Hüseyin Mavideniz was staying.   Hüseyin Mavideniz was then brought to the Limassol police station together with his wife and their two children.        At the Limassol police station Yilmaz Mavideniz and Aziz M. Merthoca were taken into another room, interrogated and beaten by hand and fist for helping the others to come to the territories under the control of the Republic of Cyprus.   Hüseyin Mavideniz and Dogan Davulcular were also interrogated, sworn at and beaten by the police. Hüseyin Mavideniz said that he was a poor person, he intended to work, but would not stay permanently in the south.   He asked why he was beaten.   The police swore at him and told him that he was beaten for being a Turkish Cypriot.   The police officer said that they did not want to see any Turks in the south.        On the same day, at about mid-day, the applicants, their families and the other detainees were put in two jeeps (Pajeros) and driven to Nicosia Central Intelligence Service Headquarters.   There, the applicants were beaten by 6-7 policemen.   Then they were all taken to a police station in a mountainous area, believed to be the Greek Cypriot Central Intelligence Service in Troodos/Kambos area.   There, the applicants were taken in a room in turn and beaten by the Cypriot Intelligence Police with clubs and sand bags.   Four of the policemen wore civilian clothes and one was in police/military uniform.   The policemen were repeatedly saying that they did not want Turks in the south and that they would punish them.        Due to severe beating at the area of his kidneys, Hüseyin Mavideniz could not urinate for two days.   He had bruises on the body and a swollen face.        The applicants and the other detainees were forced to sign statements to the effect that they had no complaint against the Cypriot police and wanted to go to the northern part of Cyprus of their own will.        In the evening of the same day, at about 8.00 p.m., the applicants and the other detainees were handcuffed, put in two Land Rovers and driven to a dry riverbed near the buffer-zone in the south of the Guzelyurt (Morphou) area.   The handcuffs were removed and they were ordered to walk along the riverbed to the northern part of Cyprus.One of the policemen warned them not to come back, otherwise they would be shot.   The applicants and others followed a different route to the north in case the route suggested by the police might have been mined.   They reached safely the village of Taspinar in the northern part of Cyprus.        On 21 April 1994, the applicants were examined at the "Turkish Cypriot State Hospital" in Nicosia.   According to the medical reports, Hüseyin Mavideniz had an epigastric hernia and sensitivity in the lateral thoracic region. Yilmaz Mavideniz had pain on his chin and neck and sensitivity on his back.   Dogan Davulcular had tenderness on the epigastric region.        At the material time, T., the concubine of Yilmaz Mavideniz, was pregnant and expecting to give birth to their child.        The case of Hasan Mehmet Merthoca        The applicant used to live in the northern part of Cyprus until 1981.   In 1981 he moved to the territories under the control of the Republic of Cyprus in order to stay with his mother, who, at the material time, was residing in Limassol.   He also intended to work and earn a living there.   He worked in Limassol as a construction worker for three years and then returned to the northern part of Cyprus.   In 1986 the applicant again went to the territories under the control of the Republic of Cyprus through the British bases.   He was apprehended by the Cypriot police and was kept in custody for some time.   After his release he went to Limassol to stay with his mother.   In Limassol he met M.Y., a Cypriot woman of Greek origin and they started living together.   In 1990 the couple had a daughter.        The applicant was continually under the surveillance and control of the Cypriot police.   He was at times interrogated and his movements were monitored.        After the killing of Theophilos Georghiades, two Cypriot policemen attached to the Central Intelligence Service, whom the applicant believes are named Rodi and Kosti, visited his house in Limassol and questioned him on his whereabouts on the day Mr. Georghiades was killed.   The policemen took a statement from the applicant.   Since then, the applicant was forbidden to go outside Limassol without police permission and his movements were closely watched.   The police visited his house every now and then to ask questions.        On 19 April 1994, between 7.00-8.00 a.m. two Cypriot policemen visited the applicant's house and ordered him to come with them.   The applicant was taken to the headquarters of the Central Intelligence Service in Limassol, on the third floor.   Sergeant Rodi told him that he would be taken to Nicosia to be interrogated in relation to an incident of theft.   The applicant was then handcuffed to Süleyman Seyer, another Cypriot citizen of Turkish origin, and they were driven in a white car to the headquarters of the Central Intelligence Service in Nicosia.   At these headquarters there were 5 or 6 policemen who insulted and beat Hasan Merthoca and other Turkish Cypriots with clubs and a truncheon.     On the same day at about noon, the applicant and Süleyman Seyer were handcuffed and blindfolded and driven to a police station believed to be the headquarters of the Cypriot Central Intelligence Service in the Troodos/Kombos area.   At these headquarters the applicant was beaten again with clubs by three policemen whom he had seen earlier at the Nicosia police headquarters.   He was then forced to sign and affix his fingerprint on a piece of paper.   The applicant was then taken back to his cell.   Then Süleyman Seyer was taken from the cell and brought back after some time.   The two men were kept in the cell till evening.        On the same evening at about 9.00 p.m., the applicant and Süleyman Seyer were again blindfolded, handcuffed and driven to a dry riverbed where the blindfolds were removed and the handcuffs were released.   One of the policemen, whom the applicant believes was Chrystaki, ordered the applicant to proceed across the United Nations buffer-zone to the northern part of Cyprus. Süleyman Seyer followed the applicant.   They were warned not to come back; if they did they would be shot.   They proceeded to the north and reached the village of Taspinar (Angolem) in the northern part of Cyprus.        On 21 April 1994, the applicant was examined at the "Turkish Cypriot State Hospital" in Nicosia.   On the same day a medical report was drawn up which mentioned the presence of six ecchymotic lesions on the dorsal region of the body, diameters of which varied from 3 to 7 centimetres.   The applicant was examined by a United Nations medical officer on 27 April 1994.        Due to his forced displacement to the northern part of Cyprus, the applicant left behind various household goods and clothes at his house at Ankara Street No. 17 in Limassol, which include a stove, a colour TV, a video, a radio cassette player, a doublebed, gold jewellery and a Datsun car.   He also left behind 1500 Cyprus Pounds at the house of his mother Nazli, who resides at Kemal Selim Street No. 5, in Limassol.        The case of Erbay Kaptanoglu        The applicant, who had been previously living in the northern part of Cyprus, moved in August 1985 to the territories under the control of the Republic of Cyprus in order to find work and earn a living.   He reported to a Cypriot police station outside Nicosia. From there the applicant was brought to the Nicosia police headquarters and interrogated about the military situation in the northern part of Cyprus.   Then he was brought to the Larnaca Road police station where he was detained in a cell for 29 days.   During his detention and later the applicant was continually interrogated by the Cypriot Intelligence Service about the military situation in the northern part of Cyprus. After his release the applicant was sent to Limassol.   The Limassol police found accommodation for the applicant at a deserted house in Limassol and the applicant started to work as a construction worker.        In 1987 the applicant migrated to Norway and stayed there for five years.   In 1992 he returned to Limassol and started to work in a factory.   During his stay in Limassol he was under strict surveillance by the Cypriot police, his activities and movements were all the time monitored by the police. After the killing of Theophilos Georghiades, the applicant was questioned by the Cypriot police on his whereabouts on the relevant day.        On 20 April 1994 at 9.30 a.m., two policemen, believed to be from the Central Intelligence Service, came to the applicant's place of work and ordered him to come to the Limassol police station with them.   When he was brought to the police station, the applicant saw another Turkish Cypriot, Murat Doksandokuz, who was being kept there.   The applicant and Murat Doksandokuz were then taken to a police station in Nicosia, believed to be the central headquarters of the Cypriot Central Intelligence Service.   The Limassol police who handed over the applicant to Nicosia police took from the applicant the keys to his apartment, car and motorcycle.   At the Nicosia police headquarters the applicant was insulted by words such as "filthy Turks" and he was beaten and slapped.   The applicant was then blindfolded, handcuffed to Murat Doksandokuz and taken to another police station, believed to be that of the Central Intelligence Service in the   Troodos/Kambos area. There, the applicant was beaten by the Cypriot police with a truncheon and a club.   He was then forced to sign a statement to the effect that he had no complaint about the Cypriot police and he wanted to return to the northern part of Cyprus of his own free will.   When he refused to sign he was severely beaten.   In the end he signed the statement. Then he was put in a cell with Murat Doksandokuz.        On the same day at about 8.00 p.m., the applicant and Murat Doksandokuz were taken from the cell by five policemen, they were handcuffed and blindfolded   and driven to a dry riverbed.   They were ordered to follow the riverbed across the United Nations buffer-zone to the northern part of Cyprus. They were warned not to come back; otherwise they would be shot.   They reached the village of Taspinar (Angolem) in the northern part of Cyprus.        On 21 April 1994, the applicant was examined at the "Turkish Cypriot State Hospital" in Nicosia and a medical report was drawn up which mentioned the presence of ecchymosis on his right scapular area with a diameter of 10 centimetres.   The applicant was examined by a United Nations medical officer on 29 April 1994.        The case of Taser Ali Kismir        Until April 1991 the applicant had been living in the northern part of Cyprus.   In April 1991 he crossed to the territories under the control of the Republic of Cyprus.   Upon his arrival in Limassol, he went to the police station and made the relevant records.   For some months he worked in Limassol as a construction worker.   He then moved to Paphos and at all material times he was working there as a construction worker.        The applicant was under strict police surveillance during his stay in the territories under the control of the Republic of Cyprus.        On 22 April 1994 at about 8.30 a.m., three members of the Cypriot police, believed to be attached to the Central Intelligence Service, came to the applicant's place of work in the village of Florakas and ordered him to come with them.   The applicant asked to see his lawyer, but was told that there was no need for a lawyer.   He was forced into a car and driven to Nicosia, to a certain police station which the applicant believes was that of the Central Intelligence Service.   In this police station the applicant was taken to a room where Ilker Tufansoy, another Cypriot citizen of Turkish origin, was being kept (Ilker Tufansoy was later killed by unknown persons. His father has brought application No. 27207/95.).   The applicant was handcuffed to Ilker Tufansoy, blindfolded, slapped and hit on the face and on the back of his head several times.        The applicant and Ilker Tufansoy, their eyes still blindfolded, were driven to another police station, probably in the vicinity of the Troodos area.   The journey took about 30-45 minutes.   There, the handcuffs were released and the applicant was separated from Ilker Tufansoy.   The applicant was taken to another room and interrogated by the police, one of whom he recognised later as being a certain Chrystaki.   He was asked where he was in 1974 during the Turkish intervention.   During the interrogation the applicant was insulted and beaten by clubs, one of which broke into pieces due to the severity of the blows.   Then the applicant was forced to sign a statement to the effect that he wanted to go to the northern part of Cyprus freely and of his own will.   He was then taken back to a cell. Ilker Tufansoy was already there.        On the same day, at about 8.00 - 8.30 p.m., the applicant and Ilker Tufansoy were taken from the cell and were driven, blindfolded, to a dry riverbed near the buffer-zone controlled by the United Nations.   The police removed their blindfolds and told them to go to the northern part of Cyprus through a path following the riverbed.   The police warned them not to come back; if they did they would be shot. The applicant and Ilker Tufansoy walked to the north, but when the police were out of sight, they followed a different path for fear that the path which they were shown might have been mined.   They reached a village in the northern part of Cyprus (Gayretköy) on the same evening.        On 23 April 1994, the applicant was examined at the "Turkish Cypriot State Hospital" in Nicosia.   On the same day a medical report was drawn up which stated that there was pain and evidence of extensive abrasion and bruises on his upper back and shoulders.   His left wrist was swollen and in pain.   The applicant was also examined by a United Nations civilian police officer and a medical officer at Ledra Palace and his photographs were taken.        On 23 January 1996, the applicant returned to the South.        On 26 January 1996, under threat and blackmail from the Greek Cypriot police, the applicant gave a statement at the Paphos Police station declaring that he had been ill-treated by the Turkish or the Turkish Cypriot police.        The case of Ilker Tufansoy        The applicant's son, Ilker Tufansoy, was born in 1971 in Limassol.   In May 1991 Ilker Tufansoy crossed over, with two of his friends, from the northern part of Cyprus to the territories under the control of the Republic of Cyprus.   Upon their arrival, they reported to the police at Limassol.   Ilker Tufansoy stayed at Stavrokonno village for about one and a half months and worked in a construction. Then he went to live in Paphos, still continuing to work at the same construction. In July 1991 he returned to the northern part of Cyprus. In the summer of 1992 he crossed over again to the territories under the control of the Republic of Cyprus with two of his friends.   They were apprehended by the police and taken to the Nicosia police headquarters where they were interrogated about their military service in the northern part of Cyprus and about the military situation in northern Cyprus. They were then released and asked to report to the police station in Paphos. Ilker Tufansoy then found a job and started to work as a construction worker. Towards the end of 1993 he went to London where he applied for asylum. Three months later he withdrew his application and returned to the Republic of Cyprus. He started to work with his former employer.        Ilker Tufansoy was constantly under strict police surveillance during his stay in the territories under the control of the Republic of Cyprus.        On 22 April 1994 at about 7.30 a.m., three policemen came to Ilker Tufansoy's place of work and ordered him to come to the Paphos police station with them.   Two of the policemen were GIP (dealing specifically with Turks) and one was from the Cypriot Central Intelligence Service.   Ilker Tufansoy wanted to get in touch with his lawyer but he was not allowed to do so.   He was driven to the Nicosia police headquarters instead of the headquarters at Paphos.   He was handed over to the Cypriot Central Intelligence Service Police at the Nicosia headquarters.   Later another Turkish Cypriot, Taser Kismir, was brought in (cf. application No. 25321/94).   The two were handcuffed to each other and taken into a room.   There were five policemen in the room.   Ilker Tufansoy was slapped and beaten by the policemen.   Later, he was blindfolded and beaten again.        Ilker Tufansoy and Taser Kismir, their eyes still blindfolded, were later driven to another police station, probably in the vicinity of the Troodos/Kambos area.   There the handcuffs were released and Ilker Tufansoy was separated from Taser Kismir. Then his blindfold was removed and he saw the same five policemen.   One of the policemen asked whether he liked Greek Cypriots or not.   He said he liked them.   At that time one of the policemen kicked him on the face.   Later he was beaten with a rubber baton.   He was then forced to sign a statement to the effect that he would be going to the northern part of Cyprus of his own free will.   The policemen continued to beat him even after he had signed the statement.   He was then taken to a room where Taser Kismir was kept.        On the same day, at about 8.00 p.m., the policemen came back to the room.   The policemen continued to beat the applicant and Taser Kismir until they were put in a car, their eyes blindfolded.   They were driven to a dry riverbed near the buffer-zone controlled by the United Nations, on the south of the Morphou (Guzelyurt) area.   The police told them to go to the northern part of Cyprus through a path following the riverbed.   The police warned them not to come back; if they did they would be shot.   Ilker Tufansoy and Taser Kismir walked to the north, but when the police were out of sight, they followed a different path for fear that the path which they were shown might have been mined. They reached a village in the northern part of Cyprus on the same evening.        On 23 April 1994, Ilker Tufansoy was examined at the "Turkish Cypriot State Hospital" in Nicosia.   A medical report was drawn up according to which there was pain and evidence of extensive abrasion and bruises on his upper back and shoulders.   There was also swelling and pain on his left zygomatic area.   The same day he was also examined by a medical officer at the United Nations Headquarters in Ledra Palace.   Photographs of injuries of his back were taken.        On 5 May 1994, Ilker Tufansoy again returned to the territories under the control of the Republic of Cyprus.   In order to be allowed to stay and work in South Cyprus, on 14 May 1994 Ilker Tufansoy had to sign a statement denying that he had been ill-treated and expelled by the Greek Cypriot police, but stating instead that he had been ill- treated by the Turkish Cypriot authorities.        He then stayed at a house in the town of Paphos shown by the Cypriot police.        On 2 June 1994, at about 6.00 p.m., Ilker Tufansoy telephoned to his father and told him that he was going to Stavrokonno (Aydogan) village that evening with Ertugrul Akburc, one of his Turkish Cypriot friends, to another house where he could stay because the house the police had shown him in the town was a private property.        On the same day, at about 9.00 p.m., Ilker Tufansoy and Ertugrul Akburc were shot and killed with automatic rifles and shotguns in front of their house in the village.   On 4 June 1994, an autopsy was performed in the northern part of Cyprus in the presence of an observer from the United Nations.   The autopsy report stated that there were findings of a first autopsy which had probably been performed in the Republic of Cyprus. It concluded that the body had been hit by five bullets two of which had remained inside and had probably been removed during the first autopsy.        All the incidents concerning the applicants were reported by the Turkish Cypriot press.   B.    Submissions of the respondent Government        Following a sabotage on two Turkish Mosques in Nicosia and the murder of Theophilos Georghiades, President of the Committee for Solidarity to Kurdistan, feelings of anger arose among the Greek Cypriots.   Consequently, the Cypriot police advised persons who had escaped from the occupied area to avoid any action which would be likely to cause reaction among the Greek Cypriots.        However, as a result of insecurity that such persons felt, between 7 and 22 April 1994, 22 of the said Turkish Cypriots, on their own initiative, secretly crossed over to the Turkish occupied area. From the above 22 Turkish Cypriots, five managed to escape again to the Government controlled area.   They were : Ilker Tufansoy, Aziz Merthoca, Süleyman Seyer, Taser Ali Kismir and Murat Doksandokuz. Upon their return, they voluntarily gave written statements to the Police of the Republic.   The statements given by those applicants who returned to the South are as follows : Ilker Tufansoy (the ninth applicant's son) gave a signed statement on 14 May 1994; Aziz M. Merthoca gave a signed statement on 28 August 1995; Taser Ali Kismir gave two signed statements, on 26 January 1996 and on 13 January 1998.        The Government submit these statements, according to which the aforesaid 22 Turkish Cypriots, upon their entry in the Turkish occupied area, were apprehended by the occupation forces and taken to a police station, where they were badly beaten, ill-treated and injured.   Under threat and force by the Turkish Cypriot "police", they made false statements to the press as well as to the United Nations Force in Cyprus (UNFICYP) to the effect that they allegedly had been arrested and ill-treated by the Cyprus police and then led to the occupied area against their will.   They were further forced, under threat, to sign statements to that effect.   A number of them, acting under threat, black-mailing and promises signed in blank application forms to the European Commission of Human Rights.        The Government further submit that at the request of the "authorities of the pseudostate" UNFICYP investigated complaints about allegations of assault and forcible return of Turkish Cypriots from the Government controlled area to the occupied area.   All Turkish Cypriots who, according to their allegations, had been ill-treated by the Greek Cypriot police were examined by two medical doctors of UNFICYP, whose medical reports formed part of a report of the investigation by UNFICYP of these allegations.   In their reports the doctors pointed out that, although some of the complainants had some signs of possible injuries, these were not consistent with the time at which, and the degree to which, the persons examined alleged that they had been ill-treated.        The above-mentioned United Nations report was delivered to the Minister of Foreign Affairs, who forwarded it to the Minister of Justice and Public Order.   The latter ordered an investigation and appointed for that purpose a pathologist, Dr. M.M., who proposed to examine each complaint in the presence of the complainant and of a medical doctor of his choice.    However, the complainants never came forward to be examined.   On the other hand, the authorities of the "pseudostate" refused to cooperate with him and did not allow him access to the occupied area in order to perform his duties as a forensic specialist.        Dr. M.M. nevertheless prepared a report on 30 July 1994 together with a police officer, H.A.   This report was based on the video- cassette provided by CIVPOL (UNFICYP's Civilian Police) and the photographs in conjunction with medical findings of the UNFICYP doctors.        The Government have submitted this report, which rebuts the applicants' allegations.        As to Ilker Denizci's allegations, Dr. M.M. found that the applicant had been diagnosed in 1974, and not in 1994 as stated before the United Nations authorities, as having diabetes, which could have had as effect an infection and a surgical removal of his toe.   Dr. M.M. also expressed the opinion that the applicant had omitted on purpose to mention his long date diabetes, in order to delude the United Nations.        Insofar as Hüseyin Mavideniz is concerned, after examination of the photographs that accompanied the United Nations report, Dr. M.M. reached the same conclusion as the United Nations report, that is, that there was no evidence of beating or torturing.As far as Yilmaz Mavideniz was concerned, Dr. M.M. wrote the following in the English version of his report dated November 1995 : "[...] It is impossible to base any comments/conclusions on this video because I have no proof as to where, how and when it was made, and no clear evidence whatsoever of any beating/torturing appears in the video.   I note that the general appearance of Mr. Mavideniz eg. presence of multiple tatoos and generally ill kept, seems to indicate a person of low intelligence and low social status i.e. a person who could easily have sustained injuries after involving himself in quarrels and fights and a person who could have lied on his allegations either voluntarily or after pressure from the Turkish Cypriot pseudostate authorities [...]"        Concerning Dogan Davulcular, Hasan Mehmet Merthoca and Erbay Kaptanoglu, Dr. M.M. concluded that there was no evidence of beating or torturing, and referred to the United Nations report stating that their injuries were not of a serious nature and that their stories were not consistent with their alleged injuries.   Finally, Dr. M.M.'s report stated that although the United Nations doctor who had examined Taser Ali Kismir reported recent bruises, it was impossible to ascertain when these bruises had been made.        As to Ilker Tufansoy's injuries, Dr. M.M. stated that they appear to have been caused "a few hours prior to examination/photographing by the United Nations Medical Officer and not on or before 19 April 1994, which is the date Mr. Ilker Tufansou fled into the occupied part of Cyprus."        Concerning the death of Ilker Tufansoy, the Government point out that the corpse was examined by a forensic pathologist, Dr. M.M., who arrived at the scene of death on 3 June 1994 at 00.25 a.m.   An autopsy was performed at the Paphos General Hospital later the same day. Dr. M.M. prepared a forensic report, according to which the death had been provoked by multiple wounds caused by shooting with small and large diameter shotgun pellets.   The forensic report was submitted to the Cyprus police.        An investigation was opened (files Paphos ME 185/94 and Kouklie ME 17/94) in order to determine the circumstances of the murder.   More than 70 persons were exhaustively interrogated by the police and made written statements, and a number of items (the clothes of the victims and shotguns from various villages) were taken in for scientific investigation.   Nevertheless, no incriminating evidence was found against any person.   On 11 July 1995, the police suggested to the Attorney General that a Coroner's inquest be carried out.        A Coroner's inquest was fixed pursuant to Cap. 153 of the Coroner's Law.   On 9 August 1996, the Coroner gave his verdict that "the death is attributable to premeditated criminal act committed by unknown persons".C. Findings of the UNFICYP's civilian police and                     the Secretary-General of the United Nations                     Reports        In a report dated 7 June 1994 the Secretary General of the United Nations stated that UNFICYP received from