CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 14 avril 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     1. Application No. 16064/90                   5. Application No. 16069/90    by Andreas and Giorghoulla VARNAVA            by Panicos and Chrysoula    against Turkey                                   CHARALAMBOUS                                                 against Turkey   2. Application No. 16065/90                   6. Application No. 16070/90    by Andreas and Loizos LOIZIDES                by Eleftherios and Christos    against Turkey                                   THOMA                                                 against Turkey   3. Application No. 16066/90                   7. Application No. 16071/90    by Philippos CONSTANTINOU and                 by Savvas and Androula       Demetris K. PEYIOTIS                          HADJIPANTELI    against Turkey                                against Turkey     4. Application No. 16068/90                   8. Application No. 16072/90    by Demetris THEOCHARIDES and                  by Savvas and Georghios       Elli THEOCHARIDOU                             APOSTOLIDES    against Turkey                                against Turkey                           9. Application 16073/90                            by Leontis DEMETRIOU SARMA and                               Yiannoulla LEONTI SARMA                            against Turkey             The European Commission of Human Rights sitting in private on 14 April 1998, the following members being present:              MM     S. TRECHSEL, President                  J.-C. GEUS                  G. JÖRUNDSSON                  A.S. GÖZÜBÜYÜK                  A. WEITZEL                  J.-C. SOYER                  H. DANELIUS            Mrs    G.H. THUNE            MM     F. MARTINEZ                  C.L. ROZAKIS            Mrs    J. LIDDY            MM     L. LOUCAIDES                  M.A. NOWICKI                  I. CABRAL BARRETO                  N. BRATZA                  I. BÉKÉS                  J. MUCHA                  D. SVÁBY                  G. RESS                  A. PERENIC                  C. BÎRSAN                  P. LORENZEN                  K. HERNDL                  E. BIELIUNAS                  E.A. ALKEMA                  M. VILA AMIGÓ            Mrs    M. HION            MM     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 all introduced on 25 January 1990 and registered on 26 January 1990;         Having regard to :   -      the reports provided for in Rule 47 of the Rules of Procedure of       the Commission;   -      the Commission's decision of 1 July 1991 to communicate the       applications;   -      the Commission's decision of 2 July 1991 to join the       applications;   -      the observations submitted by the respondent Government on       31 October 1991 and the observations in reply submitted by the       applicants on 8 January 1992;   -      the respondent Government's further observations of 3 April 1992;   -      the Commission's decision of 13 October 1992 to request the       parties to submit further observations;   -      the observations submitted further to this request by the       applicants on 1 December 1992 and 3 December 1992 and by the       respondent Government on 3 December 1992;   -      the Commission's decision of 23 January 1997 to request the       respondent Government to submit supplementary observations in the       light of the Court's Loizidou v. Turkey judgment of       18 December 1996;   -      the supplementary observations submitted by the respondent       Government on 2 July 1997 and the observations in reply submitted       by the applicants on 6 October 1997;         Having deliberated;         Decides as follows:   THE FACTS   A.     The particular circumstances of the cases         The Government have made no comments on the applicants' submissions as to the facts. The latter may be summarised as follows.   1.     Application No. 16064/90         The first applicant, an ironmonger, was born in 1947; he has been considered missing since 1974, having been taken into captivity by the Turkish Army during their military action in Cyprus in 1974. His wife, the second applicant, was born in 1949 and is residing in Lymbia.         The applicants are represented by Mr. Achilleas Demetriades, a lawyer practising in Nicosia, under an authority signed by the second applicant in her own name and on behalf of the first applicant.         In July 1974 the first applicant, responding to the declared general mobilisation, enlisted as a reservist in the 305 Reservists Battalion which had its headquarters in Dhali village. He continued his service at the outposts of Lymbia until 8-9 August 1974. On 8-9 August 1974 all the reserve soldiers of the 305 Reservists Battalion, among them the applicant, were brought to the area of Mia Milia and undertook the manning of Cypriot outposts along the front line with the Turkish military forces which extended between Mia Milia and Koutsovendis.         On the morning of 14 August 1974, Turkish military forces, supported by tanks and having air cover, launched an attack against the Cypriot area where the applicant and his battalion were serving, in order to capture the area from them. The Cypriot area line of defence was broken through and the Turkish military forces began advancing towards the area of Mia Milia and as a result the Cypriot forces began retreating. During the retreat that followed, the Cypriot forces dispersed in all directions. After a while the area around was captured by the Turkish military forces and the applicant was cut off in it. As a result the trace of the applicant was lost and he is today still considered to be missing.         Mr. Christakis Ioannou of Pano Dhikomo and now of Stavros Refugee Camp Strovolos, who had been a prisoner of the Turkish Military Forces and/or Turkish authorities and is now free, stated that at Adana prison in Turkey, where he had been taken on 31 August 1974 and held, there were another 40 persons in the same room for 3-4 days. Among them was the applicant. After the said period they were split up and ever since then he has not seen the applicant again.   2.     Application No. 16065/90         The first applicant, a student, was born in 1954; he has been considered missing since 1974, having been taken into captivity by the Turkish Army during their military action in Cyprus in 1974. His father, the second applicant, was born in 1907 and is residing at Nicosia.         The applicants are represented by Dr. Kypros Chrysostomides, a lawyer practising in Nicosia, under an authority signed by the second applicant in his own name and on behalf of the first applicant.         In July 1974 the first applicant was serving as a Second Lieutenant in the 1st Company of the 256 Infantry Battalion stationed at Xeros, which took part in various operations against the Turkish forces. On about 30 July 1974 the battalion moved up to the Lapithos area in order to support the Greek Cypriot forces there. The soldiers were split up into various groups and the applicant was in charge of one of these. The applicant's group, consisting of ten men in all, including Stelios Christofi Onoufriou and Xenophon Christoforou (both now missing), as well as Nakis Nicolaou and Petros A. Hadjiyianni, was ordered to take up positions on the Lapithos heights. During their stay at Lapithos the Greek Cypriot forces were continuously attacked by the Turkish forces from all sides. The Greek Cypriot forces remained at their posts defending them until 5 August 1974.         On 5 August 1974 Turkish forces launched a strong attack from all sides against the Greek Cypriot forces' positions while other Turkish troops managed to encircle Lapithos. Because of Turkish superiority in manpower and armour the Greek Cypriot forces were ordered to retreat towards the centre of the village where the Company base was. The applicant arrived with his comrades at the centre of the village and was informed by the inhabitants that Lapithos was surrounded by Turkish troops. Then they hid their weapons in an orchard and subsequently put on civilian clothes which they found in various houses. In the afternoon of 5 August 1974 the applicant with some comrades attempted to break through the Turkish lines and arrive at the Cypriot Government controlled areas. This attempt was unsuccessful and with the exception of Nakis Nicolaou they all returned to Lapithos again where they spent the night. At about 9.00 hours on 6 August 1974 Turkish troops entered Lapithos and started extensive searches from house to house. The applicant and all his comrades were warned by the inhabitants of the village about the searches and they dispersed in order to avoid capture. Since then none of the members of the group has seen the applicant again.         Nicos Th. Tampas of the 256 Infantry Battalion and leader of the first group which was manning the Lapithos heights at about 5 August 1974 in a statement mentioned that at approximately 21.00 hours on 6 August 1974, while he was walking in Lapithos looking for his comrades, he entered a warehouse. In it he found the applicant looking after Georghios Allayiotis who was wounded in the head. After talking for a little while with the applicant he went away leaving him and Georghios Allayiotis there. That was the last time that he saw the applicant. He was arrested by the Turks on 9 August 1974 while he was in Lapithos. He was detained in various prisons in Cyprus and Turkey and was released on 22 October 1974.         Christodoulos Panyi of Vatyli, now of Strovolos, in his statement declared that while he was a prisoner in the Adana prison he saw and recognised the applicant whom he had known earlier.   3.     Application No. 16066/90         The first applicant, a student, was born in 1954; he has been considered missing since 1974, having been taken into captivity by the Turkish Army during their military action in Cyprus in 1974. His father, the second applicant, was born in 1929 and is residing at Nicosia.         The applicants are represented by Dr. Kypros Chrysostomides, a lawyer practising in Nicosia, under an authority signed by the second applicant in his own name and on behalf of the first applicant.         In July 1973 the first applicant enlisted with the National Guard in order to do his national service. He was posted with the 70 Engineers Battalion which was stationed at the site of the former British Military Hospital (B.M.H.) in Nicosia. On 5 August 1974, a section of the battalion consisting of 48 men, including the applicant, was sent to Lapithos on a specific mission in the Lapithos and Karavas area (Kyrenia district). The mission began at about noon and finished at about 18.00 hours on the same day. After receiving instructions from the group leader the men spent the night at Lapithos and intended to complete the mission the following morning.         At about 04.30 hours on 6 August 1974, the Turkish Army launched a full-scale attack from all sides in the Karavas and Lapithos area. The applicant's group leader ordered his men to split up into three groups and to withdraw towards Vasilia (also Kyrenia district) where they would all meet. The soldiers split up into three groups under the respective command of the platoon leaders. The applicant was in one of the groups which intended to withdraw following a route along the coast.         The men first reached the main Nicosia-Kyrenia road near the "Airkotissa" restaurant. While they were having a short rest, they heard shouting and the group leader sent the applicant and another soldier to investigate. As they had not returned after about 15 minutes the remainder of the group left for Panagra (also in the Kyrenia district). On their way there, they were ambushed by Turkish soldiers and amidst the fighting and confusion that followed, the remaining group dispersed. Three soldiers from this group, Petros Constantinou (of Morphou, now of Moniatis, Limassol), Panayiotis Alexandrou (of Pera Chorio Nisou, Nicosia) and Manolis Manoli (of Lapithos, now of Engomi, Nicosia), managed to reach their destination. Until that time when the group dispersed, none of its members including the applicant, had been killed, injured or captured by the Turks.         Costas A. Sophocleous, of Nicosia, stated that, when he was a prisoner in Turkey from 30 July until 28 October 1974, he met the applicant. They were together in the same prison in Turkey and were subsequently transferred to Cyprus whereupon the said Costas A. Sophocleous was released but not the applicant.         Alexandros Papamichael, of Limassol, who was a prisoner in Adana, Turkey, stated that he recognised the first applicant from a photograph that was shown him by the second applicant and he had been with him in the same prison.         Finally, the second applicant mentioned in a signed statement that he identified his missing son in a photograph published in "Athinaiki", a Greek newspaper, on 28 September 1974. In this photograph Greek Cypriot prisoners were shown on a boat en route to Turkey.   4.     Application No. 16068/90         The first applicant, a photographer, was born in 1953; he has been considered missing since 1974, having been taken into captivity by the Turkish Army during their military action in Cyprus in 1974. His mother, the second applicant, was born in 1914 and is residing at Nicosia.         The applicants are represented by Mr. Achilleas Demetriades, a lawyer practising in Nicosia, under an authority signed by the second applicant in her own name and on behalf of the first applicant.         On 20 July 1974 the first applicant enlisted as a reservist in Nicosia. He was posted in the 1st Company of the 301 Infantry Battalion commanded by Mr. Costas Papacostas. On 21 July he telephoned his mother and told her that he was well and that he was going to be moved to the Kyrenia district. Indeed the whole battalion was ordered to move on the following day to the area of Ayios Ermolaos. The 1st Company took up defensive positions at a height called "Kalambaki", near the Turkish Cypriot village of Pileri.         At about 04.30 hours on 26 July 1974 the 1st Company came under attack from the Turkish Cypriot villages of Krini-Pileri. The Turkish military forces that carried out the attack consisted of a paratroops battalion, twenty tanks, as well as high-angle guns. They succeeded in breaking through the Greek Cypriot lines and infiltrated the right flank of the 1st Company in order to encircle it and enclave its men. The commander ordered the Company to regroup and form platoons at the Greek Cypriot village of Sysklepos. There they were ordered by their battalion to regroup again at Kontemenos where they arrived at about 15.00 hours. After a roll-call they found out that six soldiers of the 1st Company were absent, including the applicant. The area in which the 1st Company had been initially stationed was captured by the Turkish military forces.         Mr. Nicos Nicolaou of Strovolos, who has been a prisoner at Adana prison (Turkey) in September 1974, stated that one day, when the prisoners were in the yard, a Turk was calling their names. Among other names, he heard the name of the applicant. He saw the applicant whom he happened to know previously. As the applicant was going back to his cell Mr. Nicolaou noticed that he was lame in one leg. On 11 September 1974 Mr. Nicolaou was taken to Antiyiama prison (Turkey) and since then he has not seen the applicant again. All trace of the applicant has been lost and he is considered missing till today.   5.     Application No. 16069/90         The first applicant, a student, was born in 1955; he has been considered missing since 1974, having been taken into captivity by the Turkish Army during their military action in Cyprus in 1974. His mother, the second applicant, was born in 1935 and is residing at Limassol.         The applicants are represented by Dr. Kypros Chrysostomides, a lawyer practising in Nicosia, under an authority signed by the second applicant in her own name and on behalf of the first applicant.         In 1972 the first applicant enlisted in the National Guard to do his military service. He was subsequently promoted to Sergeant.         On 14 July 1974 the applicant visited his relations at Polemidhia and told them that he would be demobilised on 20 July. He returned to his unit on the same day. On 19 July 1974 he telephoned his father and told him that he would not be released after all because of the Coup that had taken place in the meantime. On 22 July 1974 the applicant's father was informed by Nicos Hadjicosti, a Limassol factory owner, that he had seen his son at the company's headquarters at Synchari and that he was well. On 23 July 1974 the father of the applicant was informed by Andreas Komodromos that the applicant had left Synchari with the men of the Headquarters Company and had gone to Aglandjia.         On 24 July 1974 Nikiforos Kominis with 17 soldiers, including the applicant and Efthymios Hadjipetrou, set out from Aglandjia in two vehicles to reconnoitre the ground of the Koutsoventis-Vounos area. Among them were Phaedros Roussi and Yiannis Melissis. After Kominis had marked the Turkish positions on paper, he went at about 12.00 hours to the headquarters of one of the Commando Units in order to relay by telephone the results of the reconnaissance mission. After twenty minutes three buses were seen driving on a street from the direction of Vounos village. At about the same time a Greek officer by the name of Votas accompanied by three other soldiers went near the men of the reconnaissance patrol. The officer ordered three or four soldiers to come down on the street and search the buses. The buses were full of Turkish soldiers who started firing at the Greek Cypriot men as soon as they became aware of their nationality. The applicant was wounded in the right hand and on the left side of his ribs. Mr. Andreas Komodromos cleaned his wounds with water, loaded his gun and told him to go back, which he did. Since then the applicant has not been seen again.         According to the statement of Yiannis Melissis, who had been a prisoner of the Turks at Adana and Amasia in September 1974, he happened to meet the applicant during his captivity. They both stayed with others in Cell No. 9 until 18 September. They were chatting together every day and became friends. On 18 September Yiannis Melissis was brought back to Cyprus and was released on 21 September 1974. The applicant had given him a letter to the applicant's father which he forgot in his pocket in the clothes that he changed at the Hotel and Catering School in Nicosia. All those clothes belonging to the prisoners were burned.         Besides, the second applicant in her statement mentioned that she had recognised her son in a photograph that was published in the Greek newspaper "Athinaiki" on 28 September 1974. The photograph shows Cypriot prisoners transported to Turkey on a Turkish destroyer in July 1974.   6.     Application No. 16070/90         The first applicant, a car mechanic, was born in 1951; he has been considered missing since 1974, having been taken into captivity by the Turkish Army during their military action in Cyprus in 1974. His father, the second applicant, was born in 1921 and is residing at Strovolos.         The applicants are represented by Mr. Achilleas Demetriades, a lawyer practising in Nicosia, under an authority signed by the second applicant in his own name and on behalf of the first applicant.         In July 1974, in response to the general mobilisation, the first applicant enlisted as a reserve Sergeant in the Headquarters Company of the 251 Infantry Battalion stationed at Glykiotissa, Kyrenia, with Captain Michael Polycarpos in charge.         On the morning of 20 July 1974 Turkish military forces, supported by naval units and having air cover, succeeded in landing with their armour. All the men of the Headquarters Company, including the applicant, were trying during the whole of the day to prevent the Turkish landing which was taking place in the area of "Pikro Nero", Kyrenia. At around 12.00 hours on 21 July the Turkish military forces which had landed, supported by tanks and having air cover, attacked the Cypriot forces that were defending the area. Owing to the superiority of the Turkish military forces in men as well as in weapons the 251 Infantry Battalion was ordered to retreat towards Trimithi village. The applicant was present during the regrouping of the battalion. Two hours after the regrouping the commander of the battalion (who is missing with 40-50 other soldiers, including the applicant serving as the commander's driver) left Trimithi village and ended up in a ravine between the villages of Ayios Georghios and Templos and took up battle positions. A number of commandos of the 33rd Battalion arrived in the same ravine. At around 15.00 hours on 22 July 1974, Turkish military forces surrounded the Cypriot forces in the ravine (between Ayios Georghios and Templos) and opened fire against them with all their guns. Then the commander ordered a counter-attack intending to break through the Turkish military forces' lines and at the same time to retreat towards Kyrenia. During the counter-attack and the retreat the applicant's trace was lost.         On 4 September 1974 the "Special News Bulletin" - a daily issue of the Turkish Cypriot administration - published a photograph of Greek Cypriot prisoners-of-war under the caption "Greek-Cypriot prisoners-of-war having their lunch. Yesterday they were visited by a representative of the Turkish Red Crescent. He toured all the prisoners-of-war camps in the area of the island under the Turkish control, in order to ascertain the needs of the prisoners." In that photograph four of the prisoners were identified. Among them was the first applicant who was identified by the second applicant.         A former prisoner, Mr. Efstathios Selefcou, of Elio, now at Eylenja, in a signed statement to the Cypriot Police said that during his transportation from Cyprus to Turkey he saw and talked to the first applicant whom he knew very well since they had been together at secondary school.         All above-mentioned prisoners were taken to Adana prison and since that time the applicant has been missing.   7.     Application No. 16071/90          The first applicant, a bank employee, was born in 1938 and lived at Yialousa; he has been considered missing since 1974, having been taken into captivity by the Turkish Army during their military action in Cyprus in 1974. His wife, the second applicant, was born in 1938 and is residing at Nicosia.         The applicants are represented by Dr. Kypros Chrysostomides, a lawyer practising in Nicosia, under an authority signed by the second applicant in her own name and on behalf of the first applicant.         On 18 August 1974 about three or four saloon cars as well as a bus and two tanks, all full of Turkish and Turkish Cypriot soldiers turned up at Yialousa and stopped near the police station, along the main road. The soldiers got out of their vehicles and ordered all those who were there to gather at the nearby coffee-house of Christos Malakounas. About 35 persons gathered there.   Subsequently, a Turkish officer told them that from that time they would be under Turkish administration and ordered them to make a census of the Greek Cypriot inhabitants of the village starting from the age of 7 to 70 and that he would be back on the following day to collect the lists. On the following day, the same civilian and military vehicles (tanks) returned and were parked near the police station. A number of Turks got off, marched to Malakounas coffee-house and asked for the lists. Another group of Turkish soldiers were carrying out a house-to-house search. They imposed a curfew and, having taken the lists, they took with them for questioning nine persons, including the first applicant. They put them on a bus and drove them outside the village in the direction of Famagusta. The said Greek Cypriots are still missing.         On the same day, the village of Yialousa was visited by United Nations men to whom the arrest of the nine Greek Cypriots was reported by their co-villagers.         According to a Red Cross document the applicant, as well as the other eight men from Yialousa, were arrested by Turkish Cypriots from Ayios Andronikos. Representatives of the International Red Cross in Cyprus visited Pavlides Garage in the Turkish-occupied sector of Nicosia and on 28 August 1974 recorded the names of 20 Greek Cypriots held there, including the nine persons from Yialousa. Costas M. Kaniou, Sofronios Mantis, Ioannis D. Constantis also saw the said detainees at the Pavlides Garage, during the same period that they were detained there; they were released later.         On 27 August 1974 a group of Turkish Cypriot civilians came to Yialousa looking for Pentelis Pantelides, Loizos Pallaris, Michael Sergides and Christakis Panayides. Having found them, they led them to the Savings Bank in order to search and seal the building. They all entered the building. After having emptied two safes they ordered that the third one should be opened, but they were told that the keys were with the applicant. Subsequently they left, after having shut and sealed the outside door. After 10-12 days the same group looked for the same persons and went again to the bank building. They had the two keys for the safe which the applicant always carried with him. Loizos Pallaris opened the safe. The keys were in a leather case which the applicant had, but his personal keys were not included. The Turkish Cypriots took the contents of the safe, sealed the gate and left.   8.     Application No. 16072/90         The first applicant, a moulder, was born in 1955; he has been considered missing since 1974, having been taken into captivity by the Turkish Army during their military action in Cyprus in 1974. His father, the second applicant, was born in 1928 and is residing at Strovolos.         The applicants are represented by Mr. Achilleas Demetriades, a lawyer practising in Nicosia, under an authority signed by the second applicant in his own name and on behalf of the first applicant.         In 1974 the first applicant was doing his national service in the 70 Engineers Battalion stationed at the site of the former British Military Hospital (B.M.H.) in Nicosia. On 5 August 1974 a section of the battalion consisting of 48 men, including the applicant, was sent to Lapithos on a specific mission in the Karavas and Lapithos area. The mission began at about noon and was completed at about 18.00 hours the same day. After receiving instructions from the section leader, Efstratios Katsoulotou, the men spent the night at Lapithos and intended to complete their mission the following morning. At about 04.30 hours on 6 August 1974 the Turkish military forces launched a full-scale attack from all sides in the area of Karavas and Lapithos. The Commander of the Engineers ordered his men to split up into three groups, withdraw towards Vasilia and meet there. The three groups set off intending to reach the prearranged point. On their way they were ambushed by the Turkish military forces. Because of the Turkish military forces' fire and the confusion that followed all the Engineers dispersed. Up to the time of the dispersion no member of the group had been killed, injured or captured by the Turkish military forces, and neither was the applicant.         Later on Mr. Costas Themistocleous of Omorphita, now of Nicosia, who was taken as a prisoner to Adana prison in Turkey, saw the applicant there on or about 17 October 1974, while he was about to return to Cyprus. They did not speak to each other but waved their hands. Mr. Themistocleous recognised the applicant since he knew him ever since they were children.   9.     Application No. 16073/90         The first applicant, a worker, was born in 1947; he has been considered missing since 1974, having been taken into captivity by the Turkish Army during their military action in Cyprus in 1974. His wife, the second applicant, was born in 1949 and is residing at Limassol.         The applicants are represented by Mr. Achilleas Demetriades, a lawyer practising in Nicosia, under an authority signed by the second applicant in her own name and on behalf of the first applicant.         On 20 July 1974, following the general mobilisation, the first applicant enlisted as a reservist in the 399 Infantry Battalion stationed at Bogazi, Famagusta. He was put in the Support Company of the Battalion (B.C.S.C.). On 20 July the battalion captured the Turkish Cypriot village of Chatos. On 22 July the battalion moved to the Mia Milia area to reinforce the Greek Cypriot forces there and to man the Greek Cypriot outposts on the front line.         On the morning of 14 August 1974 Turkish military forces, supported by tanks and having air cover, launched a heavy attack against the Greek Cypriot forces in the area, where the applicant was with his battalion, intending to occupy the area. Owing to the superiority of the Turkish military forces the Greek Cypriot defence line was broken, the Turkish military forces began to advance towards the Mia Milia area, and the Greek Cypriot forces began to retreat. The area was, in a short while, occupied by the Turkish military forces and the applicant was enclaved in it. His trace was lost.         The ex-prisoner of war, Mr. Costas Mena of Palaekythro, now at Koracou, stated that during his detention at Antiyama, Turkey, he saw the applicant who was detained in cell-block No. 9. On 18 October 1974 all the prisoners at Antiyama were taken from Antiyama to Adana. There they were all lined up in four rows. A Turkish military officer walked in front of the line and picked out some of the prisoners, who were taken away from the line. From the first row the applicant was picked out and taken away. Since then Mr. Mena has not seen the applicant ever again and he has been missing until today.   B.     Terms of Reference and Rules of Procedure of the Committee on       Missing Persons in Cyprus   i      Terms of Reference         1.    A committee on missing persons in Cyprus will be formed       immediately consisting of three members. The Greek Cypriot and       Turkish Cypriot sides will each appoint one humanitarian person       to the committee. The third member will be an official selected       by the ICRC for that purpose with the agreement of both sides and       appointed by the Secretary-General of the United Nations.         2.    The decisions of the committee will be taken by consensus       to the extent possible. In the event of disagreement between the       representatives of the two sides, the third member shall consult       both of them with a view to bringing their views together and       reaching a consensus.         3.    Each of the committee members can be assisted by up to two       staff assistants as necessary. No other persons will participate       in the deliberations or investigative work of the committee. No       person directly involved with the issue of missing persons may       be appointed as staff assistant. The committee will not request       outside expert assistance.         4.    The committee will not have a chairman, but the meetings       will be directed by the members on a rotating basis for a period       of one month's duration --- the first director will be the       official of the ICRC, to be followed by the Turkish Cypriot       member or the Greek Cypriot member, to be determined at the first       meeting by lot.         5.    The three members of the committee will meet immediately       and will continue in regularly scheduled sessions for as long as       required.         6.    All parties concerned shall co-operate with the committee       to ensure access throughout the island for the investigative work       of the committee.         7.    The committee shall look only into cases of persons       reported missing in the intercommunal fightings as well as in the       events of July 1974 and afterwards.         8.    The order of investigation of cases will be decided by the       committee, but it is agreed that the first investigative case       will be put forward by the Turkish Cypriot member of the       committee. This will be followed by a case put forward by the       Greek Cypriot member. The investigations will rotate to the       extent possible until all cases have been examined.         9.    The committee's entire proceedings and findings will be       strictly confidential. Any violation of this rule would place the       work of the committee in jeopardy.         10.   The committee will determine whether to issue public       statements or reports without prejudice to paragraph 9.         11.   The committee will not attempt to attribute responsibility       for the deaths of any missing persons or make findings as to the       cause of such deaths.         12.   No disinterment will take place under the aegis of this       committee. The committee may refer requests for disinterment to       the ICRC for processing under its customary procedures.         13.   The committee will use its best efforts to draw up       comprehensive lists of missing persons of both communities,       specifying as appropriate whether they are alive or dead, and in       the latter case approximate time of the deaths.   ii     Rules of Procedure         I.    Meetings         a)    Closed meetings              The Committee on Missing Persons can, if members so decide,            sit in camera, i.e. without attendants and/or secretarial            staff.         b)    Reports              A summary report will be established for every meeting.            Decisions taken will be dictated to the committee's            secretary by the member directing the meeting.         II.   Relations with press and media         a)    Press releases              Insofar as possible, a press release will be issued at the            close of a meeting or series of meetings. Progress reports            will also be published occasionally.         b)    Members' individual declarations              The members of the Committee are bound by paragraph 9 of            the Terms of Reference, but if a member wishes to make an            additional statement to the press or media, he may do so,            provided he avoids any criticism or contradiction of the            joint statement. Any kind of propaganda should be avoided.         III. Relations with families         a)    Communications from the families              Written communications addressed to the Committee by the            families of missing persons will be passed on to the            appropriate member of the Committee with a note of            explanation to the family.         b)    Final information as to the fate of a particular missing            person will be referred to the member of the Committee            concerned with the case and the family will be informed            through that member.         c)    Interim information              No interim information will be passed on by the Committee            to the family of a missing person during the discussion of            a particular case. The same rule will apply to any member            of the Committee and to any person attending the meeting.         IV.   Approximate number of cases and their manner of            presentation         a)    Approximate number              For working purposes, the following number of cases may be            considered: Greek Cypriot: approximately 1600; Turkish            Cypriot: approximately 800.         b)    Presentation of cases              At the very least, the elements enumerated in the attached            document should be furnished.         c)    Division of cases              Following the presentation of the first two cases, further            cases will be examined in groups of cases, the size of            which will be determined by the Committee, after which a            recess will be taken to allow time to carry out            investigations.         V.    Investigations         1.    Guiding principles              1.     Investigations will be conducted in the sole interest            of the families concerned and must therefore convince them.              2.     Every possible means will be used to trace the fate of            the missing persons.         2.    Practical measures              1.     Individual or collective cases will be presented to            the CMP with all possible information. The CMP will refer            each case to the side on whose territory the missing person            disappeared; this side will undertake a complete research            and present to the CMP a written report. It is the duty of            the CMP members appointed by each side, or their            assistants, to follow the enquiries undertaken on the            territory of