CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 23 mai 2001

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margin-bottom:0pt; text-indent:-17pt } .s583D00FA { margin-top:0pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt } .sC65EB21A { margin-top:0pt; margin-left:14.2pt; margin-bottom:0pt; text-indent:-14.2pt } .s26FF04E7 { margin-top:0pt; margin-left:17.3pt; margin-bottom:0pt } .s5D08A2D6 { margin-top:0pt; margin-left:34.6pt; margin-bottom:0pt } .sE10815D1 { width:4.34pt; display:inline-block } .s7F0CA1BB { width:1.68pt; display:inline-block } .s8DCCCE3B { margin-top:0pt; margin-left:17pt; margin-bottom:12pt; text-indent:-17pt } .s2452CEB3 { margin-top:12pt; margin-bottom:36pt; text-indent:14.4pt } .sF7A4323 { margin-top:36pt; margin-bottom:0pt; text-align:left } .sEF8F76C5 { width:20.87pt; display:inline-block } .s6F4402BA { width:205.45pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .s60570E66 { width:233.81pt; display:inline-block }   FOURTH SECTION     CASE OF DENIZCI AND OTHERS v. CYPRUS     (Applications nos. 25316-25321/94 and 27207/95)     JUDGMENT     STRASBOURG     23 May 2001       FINAL     23/08/2001         In the case of Denizci and Others v. Cyprus, The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:   Mr   A. Pastor Ridruejo , President,   Mr   L. Caflisch ,   Mr   J. Makarczyk ,   Mr   I. Cabral Barreto,   Mrs   N. Vajić ,   Mr   M. Pellonpää , judges ,   Mr   A.N. Loizou , ad hoc judge , and Mr V. Berger , Section Registrar , Having deliberated in private on 3 May 2001, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in seven applications (nos.   25316-25321/94 and 27207/95) against the Republic of Cyprus lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by nine Cypriot nationals, Mr İlker Denizci, Mr Aziz Merthoca, Mr Hüseyin Mavideniz, Mr Yılmaz Mavideniz, Mr   Doğan Davulcular, Mr Hasan Merthoca, Mr Erbay Kaptanoğlu, Mr   Taşer Kişmir and Mr İbrahim Tufansoy (“the applicants”), on 12   September 1994. Mr İbrahim Tufansoy, who had lodged the application as the father and/or next of kin of the deceased Mr İlker Tufansoy, and/or as administrator of his estate, for and on behalf of the family and/or estate of the deceased, died on 3   January 1996. Mrs Rebiye Tufansoy, the wife of Mr   İbrahim Tufansoy and mother of İlker Tufansoy, expressed her wish to continue the proceedings. 2.     The applicants, who had been granted legal aid, were represented by Mr Z. Necatigil, a lawyer practising in Nicosia. The Cypriot Government (“the Government”) were represented by their Agent, Mr A. Markides, the Attorney-General of the Republic of Cyprus. 3.     The applicants alleged that they were unlawfully detained, ill-treated and then expelled to the northern part of Cyprus by agents of the Republic of Cyprus. Some of the applicants complained about the unlawful confiscation of their belongings upon their expulsion. The ninth applicant also complained about the killing of her son after his return to the south. 4.     The applications were joined and declared admissible by the Commission on 20 January 1998. 5.     On 23 January 1998 the Commission decided to take oral evidence in respect of the applicants’ allegations. Evidence was heard by a delegation of the Commission in Nicosia from 31 August to 4 September 1998. 6.     On 4 June 1999 the applicants filed their observations on the merits. The Government filed theirs on 30 June 1999. 7.     On 1 November 1999 the applications were transmitted to the Court in accordance with Article 5 § 3, second sentence, of Protocol No. 11 to the Convention, the Commission not having completed its examination of the case by that date. 8.     The applications were allocated to the Fourth Section of the Court (Rule   52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1. Mr L. Loucaides, the judge elected in respect of Cyprus, withdrew from sitting in the case (Rule 28). The Government accordingly appointed Mr A.N. Loizou as an ad hoc judge (Article 27 § 2 of the Convention and Rule 29 § 1). 9.     On 6 June 2000, at the Court’s request, the applicants submitted their claims for just satisfaction under Article 41 of the Convention. The Government submitted their comments in reply on 24 November 2000. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 10.     The facts of the case, particularly the events between 4 and 22 April 1994, are disputed by the parties. For this reason, pursuant to former Article   28 § 1 (a) of the Convention, the Commission conducted an investigation with the assistance of the parties. A delegation of the Commission heard witnesses in Nicosia from 31   August to 4 September 1998. These included all the applicants, with the exception of Mr Aziz Merthoca and Mr Doğan Davulcular; Mr Salih Ceyhan, a police officer in northern Cyprus, who took statements from the applicants; Mr Kemal Demir, a governor of the Central Prison in Nicosia (in northern Cyprus); Mr Öle Röinaas, a witness to Erbay Kaptanoğlu’s living conditions at the material time; Mr Meriç Taydemir, a governor of the Central Prison in Nicosia (in northern Cyprus); Mrs Panayiota Papachristophorou, Aziz Merthoca’s companion; Mr Marios Matsakis, a pathologist, who prepared the report of 30 July 1994 and who conducted the autopsy on the body of İlker Tufansoy; Mr Andreas Angelides, a public prosecutor in the Attorney-General’s Office; Mr Andreas Christophides, a chief superintendent in the Police Research and Development Department; Mr Kyriakos Nikolau, a witness to İlker Tufansoy’s murder; Mrs Dimitra Irodotou, a close friend of İlker Tufansoy at the time of the murder; Mr Andreas Spatalos, an acting chief inspector in the Central Intelligence Service (CIS); and Mr C., Mr A., Mr R. and Mr K., police officers in the CIS in Nicosia. A.     The facts as presented by the applicants 11.     The various accounts of events as submitted in written and oral statements by the applicants are summarised in Section C below (“The evidence before the Commission and the Court”). The version as presented in the applicants’ final observations on the merits is summarised briefly here. 12.     Between 4 and 22 April 1994, the applicants were arrested by Cypriot police officers and ill-treated. They were obliged to sign statements saying that they were leaving for the northern part of Cyprus of their own free will. They were then expelled to northern Cyprus, and told that they would be killed if they returned to the south. On 2 June 1994, upon his return to the south, the ninth applicant’s son, İlker Tufansoy, was shot and killed by unknown persons. 13.     Nevertheless, certain applicants later returned to the south, where they were obliged by the police to give statements to the effect that they had been ill-treated by the authorities of the “Turkish Republic of Northern Cyprus” (the “TRNC”), who had forced them to sign application forms to the Commission. B.     The facts as presented by the Government 14.     The Government’s account of events as based on their observations may be summarised as follows. 15.     Following the sabotage of two Turkish mosques in Nicosia and the murder of Mr Theophilos Georghiades, the chairman of the Committee for Solidarity with Kurdistan, feelings of anger arose among the Greek Cypriots. Consequently, the Cypriot police advised Turkish Cypriots who had fled from the occupied area to avoid doing anything which would be likely to cause reaction among the Greek Cypriots. 16.     However, between 7 and 22 April 1994, twenty-two of the said Turkish Cypriots, due to feelings of insecurity and on their own initiative, secretly crossed over to the Turkish-occupied area. Out of those twenty-two, five managed to return to the government-controlled area. They were: İlker Tufansoy, Aziz Merthoca, Süleyman Seyer, Taşer Kişmir and Murat Doksandokuz. Upon their return, they voluntarily gave signed written statements to the Cypriot police: İlker Tufansoy (the ninth applicant’s son) on 14 May 1994; Aziz Merthoca on 28 August 1995; and Taşer Kişmir on 26 January 1996 and 13 January 1998. 17.     According to these statements, the applicants, upon their entry in the Turkish-occupied area, were apprehended by the occupation forces and taken to a police station, where they were severely beaten, ill-treated and injured. Under the threat of force by the “TRNC” police, they made false statements to the press as well as to the United Nations Peacekeeping Force in Cyprus (UNFICYP) to the effect that they 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, blackmail and promises, signed blank application forms to the European Commission of Human Rights. 18.     At the request of the “authorities of the pseudo-State”, UNFICYP investigated 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 Cypriot police were examined by two UNFICYP doctors, whose findings were included in a report by UNFICYP on the investigation into these allegations. 19.     The above-mentioned United Nations report was transmitted to the Minister for Foreign Affairs, who forwarded it to the Minister of Justice and Public Order. The latter ordered an investigation and, for that purpose, appointed a forensic pathologist, Dr Matsakis, who proposed to examine each complaint in the presence of the complainant and a doctor of his choice. However, the complainants never came forward to be examined. In addition, the authorities of the “pseudo-State” refused to cooperate with Dr   Matsakis and did not allow him access to the occupied area in order to carry out his investigations. 20.     Dr Matsakis nevertheless prepared a report on 30 July 1994, together with a police officer, H. Argyrou. This report was based on a video-cassette provided by CIVPOL (UNFICYP’s civilian police) and the photographs relating to the medical findings of the UNFICYP doctors. 21.     Concerning the death of İlker Tufansoy, the Government point out that the corpse was examined by Dr Matsakis, who arrived at the scene of death on 3 June 1994 at 12.25 a.m. Later the same day, an autopsy was performed at Paphos General Hospital. Dr Matsakis prepared a forensic report, stating that death had resulted from multiple wounds caused by shots of small and large shotgun pellets. The report was transmitted to the Cypriot police. 22.     An investigation was opened (files Paphos ME 185/94 and Kouklie ME 17/94) in order to determine the circumstances of the death. More than seventy persons were exhaustively interrogated by the police and made written statements, and a number of items (the victim’s clothes and shotguns from various villages) were taken in for forensic examination. However, no incriminating evidence was found against anyone. On 11 July 1995 the police suggested to the Attorney-General that a coroner’s inquest be held. 23.     A coroner’s inquest was fixed pursuant to Chapter 153 of the Coroner’s Law. On 9 August 1996 the coroner gave his verdict that “the death [was] attributable to premeditated criminal acts committed by unknown persons”. The investigation file is still open. C.     The evidence before the Commission and the Court 1.     Documentary evidence 24.     The parties submitted various documents. They included documents from the Cypriot authorities’ investigations into the applicants’ allegations, the final report of the UNFICYP’s civilian police on those allegations and statements from the applicants and witnesses containing their version of the events in issue in this case. The applicants also submitted a number of articles from the “TRNC” press relating to the events in issue and documents relating to the application of Erbay Kaptanoğlu for political asylum in Norway, which included a statement from the Socialist Party of Cyprus – EDEK Left Wing – on the living conditions of Turkish Cypriots in Cyprus. 25.     The Court had particular regard to the following documents: (a)     Statements by the applicants (i)     İlker Denizci (α)     Statement dated 12 September 1994 submitted in the application to the Commission 26.     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, sometimes, he was taken to the police headquarters, where he was severely beaten and intimidated. When it was found that he was working at Agia 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, but on 4 March 1994 he crossed over again to the territories under the control of the Republic of Cyprus. He first went to Larnaka and a few days later to Limassol. He started to work as a builder at Aghrodimou, a village within the British military base of Akrotiri. 27.     On 4 April 1994, at about 7.30 a.m., two Cypriot policemen, whom he believed to be attached to the CIS, 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, which he believed to be those of the CIS. 28.     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. 29.     The applicant was then taken to a two-storey building in the vicinity of Paphos Gate which he believed to be the main headquarters of the CIS. There, he was insulted and beaten by eight or nine policemen for about twenty 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 then interrogated for approximately one hour about the murder of Theophilos Georghiades. During the interrogation, he was severely and continually beaten by hand and fist, received blows with an electric baton and was hit several times with an olive-wood 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 complaints about the Cypriot police and had decided to go to the northern part of Cyprus of his own free will. When he refused, a club was pushed into his mouth, causing one of his teeth to fall out. 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. 30.     On the same evening, at about 8 p.m., four armed policemen blindfolded the applicant and put him in a car. After a fifteen to twenty minute journey, the car stopped and the applicant was taken 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 making them bleed, and then extinguished their burning cigarettes on them. They took 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 riverbed and trained their guns at him. They told the applicant to follow the river to the north and said that if he returned they would shoot him. 31.     As the applicant had received blows on every part of his body, he could not walk. He crawled along the riverbed and reached the northern part of Cyprus at the village of Taşpınar (Angolemi). 32.     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. 33.     In a report dated 8 April 1994, a doctor of the Cengiz Topel Hospital stated that there was evidence of abrasions in both zygomatic areas and also in the right mandibular region. According to the report, there were several wounds of various sizes on both hands and in both tibia areas. There was also evidence of abrasions and bruises of various sizes and width on the upper back and right shoulder. The applicant was also found to be diabetic. 34.     One toe which the policemen had stamped on and crushed later became gangrenous and had to be amputated. 35.     The applicant was also examined by a medical officer at the United Nations Ledra Palace headquarters. (β)     Statement dated 7 April 1994 submitted to an unidentified Cypriot police officer 36.     The applicant’s statement reads as follows: “I, the undersigned, İlker [Denizci], declare that I wish to go to the Turkish side. I have taken this decision freely, without any pressure from anyone. I have been very well treated while staying on the Greek side. I have no complaints against the Cypriot government authorities.” (γ)     Statement dated 29 April 1994 submitted to “TRNC” police officer Salih   Ceyhan 37.     The facts described by the applicant to the “TRNC” police are similar to those described in his application form to the Commission. In addition, he gave a description of the two police officers who took him from his work on the morning of 4 April 1994: one was 1.65 m tall, weighed 65   kg and had white hair, and the other was 1.65 m tall, weighed around 80 to 85 kg and was balding with white hair. (ii)     Aziz Merthoca (α)     Statement dated 12 September 1994 submitted in the application to the Commission 38.     The applicant lived in the northern part of Cyprus until 1985. That year, together 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 at 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 CIS headquarters in Nicosia. They were detained for eighteen days, during which they were interrogated and beaten by the police. The applicant and his friend were later allocated a house by the police in the Turkish district of Limassol. The applicant started to work as a construction worker in Limassol. A few months later, the applicant met P.Y., a Greek-Cypriot woman with whom he rented a house in which they started living together. In 1987 the applicant and P.Y. had a daughter and in 1991 the couple had a son. 39.     After the murder of Theophilos Georghiades, the applicant was taken to Limassol police station, where he was interrogated by Cypriot policemen attached to the CIS. A statement was taken from him. 40.     On 17 April 1994 the applicant, together with another Turkish Cypriot, Yılmaz Mavideniz (see application no. 25318/94), 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. Among these persons were Hüseyin Mavideniz, Nermin Mavideniz, Doğan Davulcular, and Hüseyin Davulcular, Selma Davulcular and their four children. 41.     On 18 April 1994, when the applicant was getting ready to go to work, three Cypriot policemen from the CIS by the names of Theodoro, Rodis and Kostis came to his flat and told him that they were taking him to police headquarters. Yılmaz Mavideniz and the Turkish Cypriots whom they had helped to cross to the south were already there. The applicant and Yılmaz Mavideniz were taken into another room and beaten with hands and fists for helping other Turkish Cypriots to come to the territories under the control of the Republic of Cyprus. 42.     On the same day, towards noon, they were all put in a minibus and driven to the CIS headquarters in Nicosia. There the applicant and other men were beaten by six or seven policemen, amongst whom the applicant recognised Christakis 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 CIS police with clubs and sandbags. They were forced to sign statements to the effect that they had no complaints against the Cypriot police and had decided to go to the northern part of Cyprus of their own free will. They were then put in a cell. 43.     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. All the detainees were put in two Jeeps and driven to a dry riverbed near the buffer-zone, south of the Güzelyurt (Morphou) area. The handcuffs were removed from the detainees, who were ordered to walk along the riverbed to the northern part of Cyprus. A policeman by the name of Christakis Savva warned them not to come back, otherwise they would be shot. The applicant and the others followed a route to the north different from the one indicated by the police, for fear that it might have been mined. They safely reached Taşpınar, a village in the northern part of Cyprus. 44.     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 were swellings and ecchymoses in both scapular regions. The applicant was later examined by a United Nations medical officer. (β)     Statement given on 29 April 1994 to the “TRNC” police officer Salih Ceyhan 45.     The facts presented by the applicant to the “TRNC” police are the same as those presented in his application form to the Commission. (γ)     Statement made on 28 August 1995 to the Cypriot police 46.     Following his return to the south to rejoin his companion and their children on 27 August 1995, the applicant gave a statement to the Cypriot police on 28 August 1995. In his statement, he said that in April 1994, after the murder of the Greek Cypriot Theophilos Georghiades, he had quarrelled with his companion and decided to go to the northern part to see his family. On 18 April 1994 he crossed over secretly in the Angolemi (Taşpınar) area, not the usual Pergamos area. He crossed the border with others, among whom were Hüseyin Davulcular, Yılmaz Mavideniz and Doğan Davulcular. They were apprehended by Turkish troops on the riverbed and taken to Angolemi police station, where they were very severely beaten with rifle butts, sandbags and other instruments. The applicant and the others were forced to sign some documents. Afterwards, they were taken to hospital and were told to say that they had been beaten by the Cypriot police. The authorities then called television reporters and journalists, and also informed the United Nations authorities. 47.     The next day the applicant was taken to a military court and sentenced to three years’ imprisonment. Fifteen days after he was put in prison, the applicant was visited by a lawyer of the “TRNC” authorities, Zaim Necatigil, who asked him to lodge an application against the Cypriot authorities with the European Commission of Human Rights. The lawyer told him that, if he lodged such an application, he would get a lot of money. The applicant refused, but both the lawyer and the prison governor, Kemal Demir, started putting pressure on him. The lawyer came to see the applicant a week later, accompanied by another person who threatened to kill his brother, mother and father if he refused to sign the document. The applicant accepted and signed a document whose contents he did not know, as he was not allowed to read it. From that day, however, the applicant had not been bothered anymore. 48.     During his stay in prison, he was visited a number of times by his companion, whom he told that he wanted to escape and go back to the Greek-Cypriot area. 49.     The applicant was set free on an unspecified date. On 25   August   1995 he was drafted into the army and taken to Gülseren Military Camp in Famagusta. On 27 August 1995, around noon, the applicant, together with his aunt and two children, were helped by his uncle, Hasan Merthoca, to cross to the south. 50.     The applicant also stated that he had no complaints against the Cypriot police. (iii)     Hüseyin Mavideniz, Yılmaz Mavideniz, Doğan Davulcular and Hasan Merthoca (α)     Statement dated 12 September 1994 submitted by Hüseyin and Yılmaz Mavideniz and Doğan Davulcular in their application to the Commission 51.     In 1986 Yılmaz 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 local police station and reported his arrival. He then took up residence in Limassol, where he worked as a construction worker and later at a petrol station. During this period he met T., a Greek-Cypriot woman, and they lived together in the Turkish district of Limassol. Yılmaz Mavideniz was continually under the surveillance and control of the Cypriot police and his movements were monitored. 52.     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 he helped to cross to the south were Hüseyin Davulcular and Doğan Davulcular (his cousins), Hüseyin Mavideniz and their wives and children. 53.     On 18 April 1994 three Cypriot policemen from the CIS, amongst whom were Rodis and Asimenos, came to the house of Yılmaz Mavideniz. The other Turkish Cypriots who had crossed to the south the day before and were staying in the house, namely Doğan and Hüseyin Davulcular and their wives and children, were driven to Limassol police station. A police officer named Asimenos ordered Yılmaz Mavideniz to drive him to the house where Hüseyin Mavideniz was staying. Hüseyin Mavideniz was then brought to Limassol police station together with his wife and their two children. 54.     At Limassol police station, Yılmaz Mavideniz and Aziz Merthoca were taken into another room, interrogated and beaten with hands and fists for helping the others to come to the territories under the control of the Republic of Cyprus. Hüseyin Mavideniz and Doğan Davulcular were also interrogated, sworn at and beaten by the police. Hüseyin Mavideniz said that he was poor and was looking for work, but did not intend to 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. They said that they did not want to see any Turks in the south. 55.     On the same day, around noon, the applicants, their families and the other detainees were put into two four-wheel drives (Pajeros) and driven to the CIS headquarters in Nicosia. There, the applicants were beaten by six or seven policemen. Then they were all taken to a police station in a mountain area, which they believed to be the CIS building in the Troodos/Kambos area. There, the applicants were taken into a room in turn and beaten by the CIS police with clubs and sandbags. Four of the policemen wore civilian clothes and one was in police or military uniform. The policemen kept repeating that they did not want Turks in the south and that they would punish them. 56.     Due to severe beating in the area of his kidneys, Hüseyin Mavideniz could not urinate for two days. He had bruises on the body and a swollen face. 57.     The applicants and the other detainees were forced to sign statements to the effect that they had no complaints against the Cypriot police and had decided to go to the northern part of Cyprus of their own free will. 58.     In the evening of the same day, at about 8 p.m., the applicants and the other detainees were handcuffed, put into two Land Rovers and driven to a dry riverbed near the buffer-zone in the south of the Güzelyurt (Morphou) area. After removal of the handcuffs they were ordered to walk along the riverbed to the northern part of Cyprus. 59.     One of the policemen warned them not to come back, otherwise they would be shot. The applicants and the others followed a route to the north different from that indicated by the police for fear that it might have been mined. They safely reached Taşpınar, a village in the northern part of Cyprus. 60.     At the material time, T., the companion of Yılmaz Mavideniz, was expecting the birth of their child. (β)     Statement dated 18 April 1994 by Yılmaz Mavideniz to an unidentified Cypriot police officer 61.     The applicant’s statement is identical to that of İlker Denizci mentioned above (see paragraph 36). (γ)     Statement dated 28 April 1994 by Yılmaz Mavideniz to “TRNC” police officer Salih Ceyhan 62.     The applicant’s statement was similar to the one he made to the Commission. In addition, he mentioned that one of the policemen who had beaten him at the CIS headquarters in Nicosia was Christakis. He also mentioned in his statement that he had left his clothes, a gold chain and a thin necklace at his house in Limassol. (δ)     Statement dated 6 May 1994 by Hüseyin Mavideniz to “TRNC” police officer H.H. 63.     On 17 April 1994, at around 8 p.m., following a telephone call from Yılmaz Mavideniz, the applicant, together with his wife, their two children, Hüseyin Davulcular, his wife, Doğan Davulcular, his wife and their children left their houses and went by car to the village of İncirli with the intention of crossing over to the Greek area. Around 9 p.m., they reached the İncirli area, where Yılmaz Mavideniz and Aziz Merthoca were waiting for them. The applicant, his spouse and their children got into Aziz Merthoca’s car, while the others got into Yılmaz’s car. They left the İncirli area around midnight. 64.     On 18 April 1994, at around 4 a.m., while the applicant, his spouse and their children were at Aziz Merthoca’s house, a policeman in civilian clothes came to the house and took them in Yılmaz’s car to Limassol police station. The applicant was interrogated about the purpose of his coming to the Greek part of the island. He told the police that he had come to work, to earn a living, not to settle. At this point, a tall policeman started beating him with his fists. When the applicant asked him why he was beating him, the policeman replied: “Because you are a Turk, you calamity. You took our houses, we will send all you Turks back. We don’t want to see any Turks here.” 65.     The applicant and his family were kept at the police station for one hour. They were then put into a van and taken to Nicosia, to a big building. The applicant and the other Turkish Cypriots were put into separate rooms. The staff were in civilian clothes. The applicant was beaten by two Greek individuals in civilian clothes for about twenty minutes. After half an hour, in the afternoon, the applicant and the other Turkish Cypriots were put into two Pajero vehicles. After a two- to three-hour journey, they reached a mountain area and were brought to a police station, where all the men were taken to a room and beaten. This beating lasted for about four hours. The applicant was severely beaten with sandbags on his kidneys. As a result, he had difficulty urinating normally for two days. The applicant’s spouse and children were not beaten. 66.     At around 8 p.m. the policemen put them into two Land Rovers, took them to a riverbed and told them to cross over to the Turkish side. The police pointed their guns towards the applicant and the others and threatened to kill them if they returned. The applicant and his companions started walking across the riverbed, crossing over two wires. They were taken by Turkish soldiers to a military base and were brought before an army doctor. After their examination, they were handed over to Turkish police officers. 67.     The applicant also stated that he had left 5 million Turkish liras at the house of Yılmaz’s wife, and that he wanted to file a complaint against the Cypriot police for torture. He also stated that he wanted to lodge a complaint with the European Commission of Human Rights, through the United Nations Peacekeeping Force. (ε)     Statement dated 6 May 1994 by Doğan Davulcular to “TRNC” police officer O.C. 68.     The applicant made a similar statement to that given to the Commission (see paragraphs 51-60 above). In particular, he mentioned that they arrived in Limassol on 18 April 1994, at around 4 a.m. The applicant, his wife, their children, Hüseyin Davulcular, his spouse and their four children went to the house of Yılmaz Mavideniz. On the same day, three Cypriot police officers in civilian clothes came to Yılmaz’s house. In the meantime, Aziz Merthoca had also arrived there. The policemen took them all to the police station. Aziz Merthoca confirmed that, with the exception of the women and children, they were all beaten at the police headquarters in Nicosia. He also confirmed that, at the police station in the mountain area, all the men were beaten with a thick stick and sandbags. (ζ)     Statement dated 28 April 1994 by Hasan Merthoca to “TRNC” police officer Salih Ceyhan 69.     The applicant lived in the northern part of Cyprus until 1981. That year he moved to the territory under the control of the Republic of Cyprus in order to stay with his mother, who, at the material time, was living 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 controlled by the Republic of Cyprus after crossing the British bases. He was apprehended by the Cypriot police and 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 Greek-Cypriot woman, and they started living together. In 1990 the couple had a daughter. 70.     The applicant was continually under the surveillance and control of the Cypriot police. He was occasionally interrogated and his movements were monitored. 71.     After the murder of Theophilos Georghiades, two Cypriot policemen attached to the CIS, whom the applicant believes were called Rodis and Kostis, came to his house in Limassol and questioned him about his whereabouts on the day Mr Georghiades was killed. The policemen took a statement from him. After that, the applicant was forbidden to leave Limassol without police permission and his movements were closely watched. The police came to his house every now and then to ask questions. 72.     On 19 April 1994, between 7 and 8 a.m., two Cypriot policemen in civilian clothes came to the applicant’s house and ordered him to come with them. The applicant was taken to the CIS headquarters in Limassol, on the third floor. The policeman called Rodis told him that he would be taken to Nicosia to be interrogated in connection with a theft. The applicant was then handcuffed to Süleyman Seyer, another Turkish Cypriot, and they were driven in a white car to the CIS headquarters in Nicosia. There, five or six policemen insulted him and beat him and other Turkish Cypriots with clubs and a truncheon. 73.     On the same day, around noon, the applicant and Süleyman Seyer were handcuffed and blindfolded, and driven to a police station, which he believed to be the CIS headquarters in the Troodos/Kambos area. There, the applicant was beaten again with clubs by three policemen whom he had seen earlier at the CIS headquarters in Nicosia. He was then forced to sign and affix his fingerprint on a piece of paper, after which he was 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. 74.     On the same evening at about 9 p.m., the applicant and Süleyman Seyer were again blindfolded and 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 to have been Christakis, ordered the applicant to cross 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 went north and reached Taşpınar (Angolemi), a village in the northern part of Cyprus. 75.     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 ecchymoses in the dorsal region, the diameters of which varied from 3 cm to 7 cm. The applicant was examined by a United Nations medical officer on 27 April 1994. 76.     Due to his forced expulsion to the northern part of Cyprus, the applicant had left behind various household goods and clothes at his house at No. 17 Ankara Street in Limassol, which included a stove, a colour television, a video-recorder, a radio cassette player, a double bed, gold jewellery and a Datsun car. He also left behind 1,500 Cyprus pounds at the house of his mother Nazlı, who lived at No. 5 Kemal Selim Street in Limassol. (η)     Statement dated 12 September 1994 submitted by Hasan Merthoca in his application to the Commission 77.     The applicant’s statement is similar to that made on 28 April 1994 to police officer Salih Ceyhan. (iv)     Erbay Kaptanoğlu (α)     Statement made on 20 April 1994 before an unidentified Cypriot police officer 78.     The applicant’s statement is identical to İlker Denizci’s statement of 7 April 1994 mentioned above (see paragraph 36 above). (β)     Statement dated 12 September 1994 submitted in the application to the Commission 79.     The applicant, who had previously been living in the northern part of Cyprus, moved in August 1985 to the territory controlled by 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 Nicosia police headquarters and interrogated about the military situation in the northern part of Cyprus. He was then brought to Larnaka Road police station, where he was detained in a cell for twenty-nine days. During his detention and later, the applicant was continually interrogated by the CIS about the military situation in the northern part of Cyprus. After his release, the applicant was sent to Limassol, whose police found accommodation for him in a deserted house in town, and the applicant started to work as a construction worker. 80.     In 1987 the applicant left for 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, who monitored his activities and movements at all times. 81.     After the murder of Theophilos Georghiades, the applicant was questioned by the Cypriot police as to his whereabouts on the relevant day. 82.     On 20 April 1994, at 9.30 a.m., two policemen whom the applicant believed to be from the CIS came to the applicant’s place of work and ordered him to come with them to Limassol police station. When they arrived, 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, which the applicant believed to be the main headquarters of the CIS. The Limassol police, who handed over the applicant to the Nicosia police, took from the him the keys to his flat, his car and his motorcycle. At Nicosia police headquarters, the applicant was told, among other things, that he was a “filthy Turk” and was beaten and slapped. He was then blindfolded, handcuffed to Murat Doksandokuz and taken to another police station, which he believed to be the headquarters of the CIS 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 complaints about the Cypriot police and had decided 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. 83.     On the same day, at about 8 p.m., the applicant and Murat Doksandokuz were taken from the cell by five policemen, handcuffed and blindfolded, and driven to a dry riverbed. They were ordered to follow the riverbed across the United Nations buffer-zo