CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 27 mai 2010

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page-break-after:avoid } .s31E56244 { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid } .s5877D727 { width:30.27pt; display:inline-block } .sC870B29 { width:188.64pt; display:inline-block } .s576DFC5F { width:15.93pt; display:inline-block } .sAA5C5B93 { width:187.63pt; display:inline-block } .s3B3A5DE9 { margin-top:12pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify } .s55F4CB10 { margin-top:36pt; margin-bottom:18pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt }       FOURTH SECTION             CASE OF ASPROFTAS v. TURKEY   (Application no. 16079/90)               JUDGMENT       STRASBOURG   27 May 2010   FINAL   04/10/2010   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Asproftas v. Turkey, The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:   Nicolas Bratza, President,   Giovanni Bonello,   Ljiljana Mijović,   David Thór Björgvinsson,   Ledi Bianku,   Işıl Karakaş,   Mihai Poalelungi, judges, and Fatoş Aracı, Deputy Section Registrar , Having deliberated in private on 4 May 2010, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 16079/90) against the Republic of Turkey 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 a Cypriot national, Mr Tasos Asproftas (“the applicant”), on 12 January 1990. 2.     The applicant was represented by Mr C. Velaris, a lawyer practising in Nicosia. The Turkish Government (“the Government”) were represented by their Agent, Mr   Z.M.   Necatigil. 3.     The applicant alleged, in particular, that the Turkish occupation of the northern part of Cyprus had deprived him of his home and that he had been subjected to treatment contrary to the Convention during a demonstration. 4.     The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11). 5.     By a decision of 26 September 2002 the Court declared the application partly admissible. 6.     The applicant and the Government each filed observations on the merits (Rule 59 § 1). In addition, third-party comments were received from the Government of Cyprus, which had exercised its right to intervene (Article 36 § 1 of the Convention and Rule 44 § 1 (b)). THE FACTS 7.     The applicant was born in 1963 and lives in Nicosia. I.     THE APPLICANT'S HOME 8.     The applicant claimed that his home had been in Trypimeni, a village in the District of Farmagusta (northern Cyprus). He had lived there with his parents, who ran a grocery store, and six siblings in a house with a yard (covering an area of 532 square metres), registered under plot no. 81, sheet/plan 13/40 and owned by his father. On 7   September 1999, the applicant's father transferred ownership of this house to Mr Georgios Asproftas (the applicant's brother) by way of gift. 9.     Since the 1974 Turkish intervention, the applicant has been deprived of his home, which was located in the area under the occupation and control of the Turkish military authorities. The latter had prevented him from having access to and from using the house at issue. II. THE DEMONSTRATION OF 19 JULY 1989 10.     On 19 July 1989, the applicant joined an anti-Turkish demonstration in the Ayios Kassianos area in Nicosia in which the applicants in the Chrysostomos and Papachrysostomou v.   Turkey and Loizidou v.   Turkey cases (see below) also took part. A.     The applicant's version of events 11.     According to an affidavit sworn by the applicant before the Nicosia District Court on 4 January 2000, the demonstration of 19 July 1989 was peaceful and was held on the fifteenth anniversary of the Turkish intervention in Cyprus, in support of the missing persons and to protest against human rights violations. The applicant joined the demonstration as a reporter for the newspaper Exormisis. 12.     During the demonstration dozens of armed Turkish policemen and soldiers moved towards the demonstrators. The UN peacekeeping cordon broke up and vanished. The Turkish forces started to beat some women with batons, to kick them and drag them by the arms, legs and hair. While he was trying to help some of these women, the applicant was grabbed and beaten by Turkish policemen. He was hit in the face and other parts of the body and taken at gunpoint with others who had also been arrested during the demonstration. His photographic equipment was seized despite him showing his press card. He was then led to a bus through an angry crowd of 200-300 civilians who shouted abuse and threats. As the applicant was walking without police protection, the crowd had an opportunity to rush at him. He was dragged and beaten until two policemen came and accompanied him onto the bus. He was transported to the so-called “Pavlides Garage”, where a body search was carried out and all his personal effects were taken. The crowd outside the garage was shouting and throwing stones, some of which came through the roof. 13.     While at the garage the applicant saw a policeman in civilian clothes who told him “Turkey will kill you”. Sometime around midnight he was interrogated by an officer who spoke perfect Greek. The applicant did not give wholly accurate answers to some of the questions, preferring to lie about some of the detail. The interrogator then started a political discussion and tried to convey his own ideas to the applicant in a very friendly and diplomatic manner. The applicant refused to sign a statement written in Turkish, as he considered it would have been tantamount to recognising the “Turkish Republic of Northern Cyprus” (the “TRNC”). When one of the women detainees (Mrs Vrahimi – see application no. 16078/90) was beaten, all the other prisoners remained silent, fearing for their fate. At around 2.30   a.m. on 20 July 1989 the applicant and some other men were ordered onto a police bus. He was taken to the Seray Police Station, where, after a body search, he was held in a cell that was filthy, dirty and dark. During his stay in the cell the applicant heard the screams of other demonstrators. 14.     At around 2.00 p.m. the same day, he was given back his personal effects and taken to court together with seven other prisoners. No proper translation was provided at the hearing. A policeman acted as translator but translated only part of what the judge and the witnesses said. The accused explained why they were taking part in the demonstration and in what capacity. The applicant was remanded in custody for two days and then taken to Ortakeuy Prison, where all his personal effects were removed again. He was put with other men in a dormitory block. An hour later, he was blindfolded and led to another area of the prison where he was interrogated by four or five army officers who could not speak any Greek. A translator was present. After the interrogation, which touched on political and military subjects, he was taken to another room to talk to a television anchorman. 15.     On 21 July 1989 the applicant was again taken to court together with nine other people. He had no legal representation and no proper interpretation was provided. The interpreter had difficulties in translating some of the words and was occasionally helped by the television anchorman. One of the accused (the Bishop of Kitium) spoke on behalf of the others and said they would only accept as defence counsel a Greek-Cypriot or a UN lawyer. The trial judge replied that she could only appoint a lawyer registered with the “TRNC” bar association. The accused pleaded “not guilty” and stated that they did not recognise the legitimacy of the “TRNC” and of its tribunals. Four witnesses were called by the prosecution. The Bishop of Kitium put some questions to the first witness. Those considered of a political character were ruled inadmissible by the trial judge. The Bishop then made the following statement: “since cross-examining the pseudo-witnesses of your pseudo-court may be regarded as indicating that we recognise the procedure, we say that we have nothing else to say and we shall not cross-examine any other pseudo-witness”. From then on the accused did not participate in the procedure. After the trial hearing, the applicant and his co-accused were taken back to prison. Their pictures were taken. 16.     On 22 July 1989 the applicant was taken to court again. A baying crowd gathered outside the courtroom. He was sentenced to three days' imprisonment and a fine of 50 Cypriot pounds (CYP) – approximately 85   euros (EUR) – with five additional days in prison in default of payment within 24 hours. There was an angry crowd in the court area shouting, swearing and making obscene gestures at him and the other detainees. 17.     The applicant was detained in Ortakeuy Prison from 24 until 28   July 1989. During this period he refused to eat anything in order to protest against the prison director's refusal to give to the Bishop of Kitium the church vestments and holy vessels, which had been sent in order to allow the Bishop to celebrate mass. On 26 July 1989 the applicant was locked in an isolation cell as punishment for refusing food. That cell was extremely small and unbearably hot (40-60 o C). 18.     On 28 July 1989 the applicant was released in front of journalists and television cameras. He was handed over to the UN soldiers at the last Turkish sentry box and transported back to the southern part of Cyprus. 19.     In support of his claim of ill-treatment, the applicant produced five medical certificates, which read as follows: (a)     Certificate issued on 16 December 2002 by Dr. Andreas G.   Constantinides, consultant surgeon at the Evangelistria Medical Centre in Nicosia: “[Mr Tasos Asproftas] is suffering from osteoarthritis of the cervical cord. I have recommended that he should stay at home and undergo physiotherapy from 17/12 until 28/12/02.” (b) Certificate issued on an unspecified date by Dr. S.C. Sergiou, orthopaedic surgeon in Larnaka:   “Mr Tasos Asproftas is suffering from cervical disc disease and is unable to work from 3/1/03 until 12/1/03.” (c) Certificate issued on 9 January 2003 by the medical and public health services – X-rays department – of the Republic of Cyprus: “Rear central hernia of the disc. Rear lateral right osteophyte in the area of chronic hernia of the disc A4-A5. Rear lateral left osteophyte in the area of chronic hernia in discs A5-A6 and A6-A7. Straight cervical spine due to muscles' spasm. Stenosis of the middle sections of the spinal cord A4-A5, A5-A6.” (d) Certificate issued on an unspecified date by Dr. Nicos Chr. Spanos, neurosurgeon in Nicosia: “It is recommended that Mr Asproftas be granted sick leave from 13.1.03 until 31.1.03 for investigation and treatment of the cervical middle spinal disc.” (e) Certificate issued on 7 February 2003 by Dr. Nicolas C.   Christodoulou, specialist in physical medicine and rehabilitation sport medicine in Limassol: “Diagnosis: Severe left cervicobranchial syndrome (rapiculitis C7) Instructions for physiotherapy: approximately 12 sessions. 1.   Interferential current 2.   Short wave diathermy 3. Mild cervical massage.” 20.     The applicant alleged that the above health problems were the result of the savage blows he had received from the Turkish policemen, soldiers and civilians in July 1989. B.     The Government's version of events 21.     The Government alleged that the applicant had participated in a violent demonstration with the aim of inflaming anti-Turkish sentiment. The demonstrators, supported by the Greek-Cypriot administration, were demanding that the “Green Line” in Nicosia should be dismantled. Some carried Greek flags, clubs, knives and wire-cutters. They were acting in a provocative manner and shouting abuse. The demonstrators were warned in Greek and English that unless they dispersed they would be arrested in accordance with the laws of the “TRNC”. The applicant was arrested by the Turkish-Cypriot police after crossing the UN buffer zone and entering the area under Turkish-Cypriot control. The Turkish-Cypriot police intervened in the face of the manifest inability of the Greek-Cypriot authorities and the UN Force in Cyprus to contain the incursion and its possible consequences. 22.     No force was used against demonstrators who did not intrude into the “TRNC” border area and, in the case of demonstrators who were arrested for violating the border, no more force was used than was reasonably necessary in the circumstances in order to arrest and detain the persons concerned. No one was ill-treated. It was possible that some of the demonstrators had hurt themselves in the confusion or in attempting to scale barbed wire or other fencing. Had the Turkish police, or anyone else, assaulted or beaten any of the demonstrators, the UN Secretary General would no doubt have referred to this in his report to the Security Council. 23.     The applicant was charged, tried, found guilty and sentenced to a short term of imprisonment. He pleaded not guilty, but did not give evidence and declined to use the available judicial remedies. He was asked if he required assistance from a lawyer registered in the “TRNC”, but refused and did not ask for legal representation. Interpretation services were provided at the trial by qualified interpreters. All the proceedings were translated into Greek. C.     The UN Secretary General's report 24.     In his report of 7 December 1989 on the UN operations in Cyprus, the UN Secretary General stated, inter alia : “A serious situation, however, arose in July as a result of a demonstration by Greek Cypriots in Nicosia. The details are as follows: (a) In the evening of 19 July, some 1,000 Greek Cypriot demonstrators, mostly women, forced their way into the UN buffer zone in the Ayios Kassianos area of Nicosia. The demonstrators broke through a wire barrier maintained by UNFICYP and destroyed an UNFICYP observation post. They then broke through the line formed by UNFICYP soldiers and entered a former school complex where UNFICYP reinforcements regrouped to prevent them from proceeding further. A short while later, Turkish-Cypriot police and security forces elements forced their way into the area and apprehended 111 persons, 101 of them women; (b)   The Ayios Kassianos school complex is situated in the UN buffer zone. However, the Turkish forces claim it to be on their side of the cease-fire line. Under working arrangements with UNFICYP, the Turkish-Cypriot security forces have patrolled the school grounds for several years within specific restrictions. This patrolling ceased altogether as part of the unmanning agreement implemented last May; (c) In the afternoon of 21 July, some 300 Greek Cypriots gathered at the main entrance to the UN protected area in Nicosia, in which the UN headquarters is located, to protest the continuing detention by the Turkish-Cypriot authorities of those apprehended at Ayios Kassianos. The demonstrators, whose number fluctuated between 200 and 2,000, blocked all UN traffic through this entrance until 30 July, when the Turkish-Cypriot authorities released the last two detainees; (d) The events described above created considerable tension in the island and intensive efforts were made, both at the UN headquarters and at Nicosia, to contain and resolve the situation. On 21 July, I expressed my concern at the events that have taken place and stressed that it was vital that all parties keep in mind the purpose of the UN buffer zone as well as their responsibility to ensure that that area was not violated. I also urged the Turkish-Cypriot authorities to release without delay all those who had been detained. On 24 July, the President of the Security Council announced that he had conveyed to the representatives of all the parties, on behalf of the members of the Council, the Council's deep concern at the tense situation created by the incidents of 19 July. He also stressed the need strictly to respect the UN buffer zone and appealed for the immediate release of all persons still detained. He asked all concerned to show maximum restraint and to take urgent steps that would bring about a relaxation of tension and contribute to the creation of an atmosphere favourable to the negotiations.” D.   Photographs of the demonstration 25.     The applicant produced 21 photographs taken at different times during the demonstration on 19 July 1989. Photographs 1 to 7 were intended to show that, notwithstanding the deployment of the Turkish-Cypriot police, the demonstration was peaceful. In photographs 8 to 10 members of the Turkish-Cypriot police are seen breaking up the UNFICYP cordon. The final set of photographs show members of the Turkish-Cypriot police using force to arrest some of the women demonstrators. E. The documents pertaining to the applicant's trial 26.     The English translation of the “TRNC” Nicosia District Court's judgment of 22   July 1989 indicates that the applicant, together with 9 other men, was charged with two offences: entering “TRNC” territory without permission (contrary to sections   2, 8 and 9 of Law no. 5/72 – see paragraph 33 below) and entering “TRNC” territory other than through an approved port (contrary to subsections 12(1) and (5) of the Aliens and Immigration Law – see paragraph 34 below). 27.     The judgment was given in the presence of the accused and of an interpreter.   The trial judge noted the following: (i) the accused did not accept the charges against them and stated that they did not wish to use the services of a lawyer registered in the “TRNC”; (ii) the public prosecutor called five witnesses, whose statements were translated into Greek for the accused's benefit; (iii) the witnesses (mainly police officers on duty at the time of the demonstration) declared that the accused had illegally entered the “TRNC” territory, shouted abuse at the Turkish-Cypriot forces and resisted arrest by pulling and pushing; knives and other cutting objects had been found in the bags of some of the demonstrators who had been arrested; (iv)   the applicant stated that he was a journalist, that he had been arrested while he was following the demonstration even though the peace keeping forces had given him permission to do so; (v) the accused had been told that they could cross-examine witnesses in turn and, if they so wished, choose one of their number to cross-examine the witnesses on behalf of all the accused; however, they had not done so; one of the accused had put a few questions to one of the prosecution witnesses; (vi) before the “TRNC” District Court passed sentence, the Bishop of Kitium, speaking on behalf of all the accused, made a statement, saying that their struggle was peaceful, that their aim was to encourage Greek and Turkish-Cypriots to live together in peace, that they carried no weapons and that they had asked for UN protection; (vii)   relying on statements by the prosecution witnesses, which had not been undermined by the statements made by some of the accused, the “TRNC” District Court came to the conclusion that the accused had crossed the borders of the “TRNC” at an unapproved entry point and without permission and had resisted by various means the UN and Turkish forces which had tried to stop them; (viii) the prosecution had proved its case beyond reasonable doubt, so that the accused were guilty on both counts; (ix) in deciding on the sentence, the “TRNC” District Court had taken into account the seriousness of the offence, and the fact that the accused had shown no remorse and continued to deny the validity of the “TRNC”. III.     RELEVANT DOMESTIC LAW A.     The Cypriot Criminal Code 28.     Section 70 of the Cypriot Criminal Code reads as follows: “Where five or more persons assembled with intent to commit an offence, or, being assembled with intent to carry out some common purpose, conduct themselves in such a manner as to cause persons in the neighbourhood to fear that the persons so assembled will commit a breach of the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons to commit a breach of the peace they are an unlawful assembly. It is immaterial that the original assembling was lawful if, being assembled, they conduct themselves with a common purpose in such a manner as aforesaid. When an unlawful assembly has begun to execute the purpose, whether of a public or of a private nature, for which it assembled by a breach of the peace and to the terror of the public, the assembly is called a riot, and the persons assembled are said to be riotously assembled.” 29.     According to section 71 of the Criminal Code, any person who takes part in an unlawful assembly is guilty of a misdemeanour and liable to imprisonment for one year. 30.     Section 80 of the Criminal Code provides: “Any person who carries in public without lawful occasion any offensive arm or weapon in such a manner as to cause terror to any person is guilty of a misdemeanour, and is liable to imprisonment for two years, and his arm or weapons shall be forfeited.” 31.     According to Section 82 of the Criminal Code, it is an offence to carry a knife outside the home. B.     Police officers' powers of arrest 32.     The relevant part of Chapter 155, section 14 of the Criminal Procedure Law states: "(1) Any officer may, without warrant, arrest any person - ... (b) who commits in his presence any offence punishable with imprisonment; (c) who obstructs a police officer, while in the execution of his duty ..." C.     Offence of illegal entry into “TRNC” territory 33.     Section 9 of Law No. 5/72 states: "... Any person who enters a prohibited military area without authorization, or by stealth, or fraudulently, shall be tried by a military court in accordance with the Military Offences Act; those found guilty shall be punished." 34.     Subsections 12 (1) and (5) of the Aliens and Immigration Law read as follows: “1.   No person shall enter or leave the Colony except through an approved port. ... 5.   Any person who contravenes or fails to observe any of the provisions of subsections (1), (2), (3) or (4) of this section shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred pounds or to both such imprisonment and fine.” THE LAW I.     PRELIMINARY ISSUE 35.     In a letter of 22 April 2010 the Government requested the Court to declare the application inadmissible for non-exhaustion of domestic remedies. They invoked the principles affirmed by the Grand Chamber in Demopoulos and Others v. Turkey ([GC] (Dec.), nos.   46113/99, 3843/02, 13751/02, 13466/03, 10200/04, 14163/04, 19993/04, 21819/04, 1   March 2010) and argued that the applicant should address his claims to the Immovable Property Commission (the “IPC”) instituted by the “TRNC” Law 67/2005. 36.     The Court first observes that the Government's submissions were unsolicited; they were received by the Registry long after the expiration of the time-limit for filing observations on the merits and/or comments on just satisfaction and almost two months after the delivery of the Grand Chamber's decision in Demopoulos . It could therefore be held that the Government are estopped for raising the matter at this stage of the proceedings. 37.     Moreover, the Court cannot but reiterate its case-law according to which objections based on non-exhaustion of domestic remedies raised after an application has been declared admissible cannot be taken into account at the merits stage (see Demades v. Turkey (merits), no.   16219/90, §   20, 31   July 2003, and Alexandrou v. Turkey (merits), no. 16162/90, § 21, 20   January 2009). This approach has not been modified by the Grand Chamber, as the cases of Demopoulos and Others had not been admissible when Law 67/2005 entered into force and when Turkey objected that domestic remedies had not been exhausted. 38.     In any event, no complaint under Article 1 of Protocol No. 1 has been declared admissible in the ambit of the present application. Therefore, Government's argument that the applicant should first submit his property claims to the IPC cannot be accepted. 39.     It follows that the Government's preliminary objection of non-exhaustion of domestic remedies should be dismissed. II.     ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION 40.     The applicant submitted that in 1974 he had had his home in Trypimeni. As he had been unable to return there, he was the victim of a violation of Article   8 of the Convention. This provision reads as follows: “1.     Everyone has the right to respect for his private and family life, his home and his correspondence. 2.     There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.” 41.     The Government disputed this claim. 42.     The Government of Cyprus submitted that the applicant had been driven from his home by the Turkish invasion and had been consistently refused the right to return ever since, in violation of Article   8 of the Convention. This interference could not be justified under the second paragraph of this provision. 43.     The Court observes that the applicant lived in the home owned by his father until the age of eleven and that he claimed that this property was still regarded strongly as the family home more than thirty-five years later. 44.     In this respect, it is to be recalled that the Grand Chamber has recently held that it is not enough for an applicant to claim that a particular place or property is a “home”; he or she must show that they enjoy concrete and persisting links with the property concerned. The nature of the ongoing or recent occupation of a particular property is usually the most significant element in the determination of the existence of a “home” in cases before this Court. However, where “home” is claimed in respect of property in which there has never been any, or hardly any, occupation by the applicant or where there has been no occupation for some considerable time, it may be that the links to that property are so attenuated as to cease to raise any, or any separate, issue under Article 8. Furthermore, while an applicant does not necessarily have to be the owner of the “home” for the purposes of Article 8, it may nonetheless be relevant in such cases of claims to “homes” from the past that he or she can make no claim to any legal rights of occupation or that such time has elapsed that there can be no realistic expectation of taking up, or resuming, occupation in the absence of such rights. Nor can the term “home” be interpreted as synonymous with the notion of “family roots”, which is a vague and emotive concept (see Demopoulos and Others , Chrysostomi, Lordos and Lordou Anastasiou , Kanari-Eliadou and Others , Sotirou and Moushoutta , Stylas , Charalambou Onofriou and Others and Chrisostomi v. Turkey [GC] (Dec.), nos.   46113/99, 3843/02, 13751/02, 13466/03, 10200/04, 14163/04, 19993/04, 21819/04, § 135, 1 March 2010). 45.     Turning to the facts of this case, the Court recalls that the applicant was very young at the time he ceased to live in the then family home in 1974, which was more than twelve years before the Court's temporal jurisdiction commenced and more than fifteen years before the date of introduction of this application. For almost his entire life, the applicant has been living elsewhere. The fact that he might inherit a share in the title of that property in the future is a hypothetical and speculative element, not a concrete tie in existence at this moment in time. The Court accordingly does not find that the facts of the case are such as to disclose any present interference with the applicant's right to respect for his home (see, mutatis mutandis , Demopoulos and Others , cited above, § 136). 46.     It follows that there has been no violation of Article 8 of the Convention. III.     ALLEGED VIOLATION OF ARTICLE 14 OF THE CONVENTION READ IN CONJUNCTION WITH ARTICLE 8 47.     The applicant complained of a violation under Article   14 of the Convention on account of discriminatory treatment against him in the enjoyment of his rights under Article 8 of the Convention. He alleged that this discrimination had been based on his national origin. Article 14 of the Convention reads as follows: “The enjoyment of the rights and freedoms set forth in [the] Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.” 48.     As the Court has consistently held, Article 14 complements the other substantive provisions of the Convention and its Protocols. It has no independent existence since it has effect solely in relation to “the enjoyment of the rights and freedoms” safeguarded by those provisions. Although the application of Article 14 does not presuppose a breach of those provisions – and to this extent it is autonomous – there can be no room for its application unless the facts in issue fall within the ambit of one or more of the latter (see, among many other authorities, Van Raalte v. the Netherlands , 21   February 1997, § 33, Reports of Judgments and Decisions 1997-I, and Zarb Adami v. Malta , no. 17209/02, § 42, ECHR 2006-VIII). 49.     The Court cannot but recall its conclusion that the facts of the case do not disclose any present interference with the applicant's right to respect for his home (see paragraph 45 above). Therefore, the facts in issue do not fall within the ambit of Article 8. Article 14 of the Convention is accordingly not applicable. 50.     It follows that there has been no violation of Article 14 of the Convention, read in conjunction with Article 8. IV.     ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION 51.     The applicant complained about the treatment administered to him during both the demonstration of 19 July 1989 and the proceedings against him in the “TRNC”. He invoked Article 3 of the Convention, which reads as follows: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” 52.     The Government disputed his claim. A.     Arguments before the Court 1.     The Government 53.     Relying on their version of the events (see paragraphs 21-23 above), the Government submitted that this part of the application should be determined on the basis of the Commission's findings in the case of Chrysostomos and Papachrysostomou v. Turkey (applications nos.   15299/89 and 15300/89, Commission's report of 8 June 1993, Decisions and Reports (DR) 86, p. 4), as the factual and legal bases of the present application were the same as in that pilot case. They argued that the third-party intervener should be considered estopped from challenging the Commission's findings. 2.     The applicant 54.     The applicant submitted that his complaints were not identical to those that had been raised in the Chrysostomos and Papachrysostomou case (cited above) but significantly different, both as regards the factual basis and the legal analysis. He essentially adopted the observations submitted by the Government of Cyprus (see below). 55.     The applicant further observed that, while attending the demonstration of 19 July 1989 as a journalist, he had been attacked by several soldiers who had seriously assaulted him and physically removed him at gunpoint. This constituted an excessive use of force. The Turkish forces had failed to protect him from blows and abuse from the crowd. He was then interrogated in relation to political matters which bore no relation to the grounds for his deprivation of liberty and the conditions of his detention were inhuman and degrading. 3.     The third-party intervener 56.     The Government of Cyprus submitted that the findings of the Commission in the case of Chrysostomos and Papachrysostomou (cited above) were not applicable to the present case. Whether the treatment suffered by the applicant violated Article   3 had to be examined and determined in light of the facts of the case and on the basis of the evidence provided. 57.     The treatment endured by the applicant during his arrest and subsequent imprisonment and trial had been of a very severe nature, including inter alia physical violence and punishment, exposure to violent and abusive crowds, inhuman and degrading conditions of detention (including solitary confinement and sleep deprivation) and humiliating and frightening treatment in court. Whether such treatment was viewed cumulatively or separately, it had caused severe physical and psychological suffering amounting to inhuman and degrading treatment within the meaning of Article   3 of the Convention. B.     The Court's assessment 58.     The general principles concerning the prohibition of torture and of inhuman or degrading treatment are set out in Protopapa v. Turkey , no.   16084/90, §§ 39-45, 24 February 2009. 59.     As to the application of these principles to the present case, the Court observes that it is undisputed that the applicant was arrested during a demonstration which gave rise to an extremely tense situation. It will be recalled that in the case of Chrysostomos and Papachrysostomou , the Commission found that a number of demonstrators had resisted arrest, that the police forces had broken their resistance and that in that context there was a high risk that the demonstrators would be treated roughly, and even suffer injuries, in the course of the arrest operation (see the Commission's report, cited above, §§ 113-15). The Court does not see any reason to depart from these findings and will take due account of the state of heightened tension at the time of the applicant's arrest. 60.     It further observes that the applicant submitted that in the course of his arrest he was beaten and hit in the face by Turkish policemen and by the crowd (see paragraph   12 above). However, the Court has at its disposal little evidence to corroborate the applicant's version of events. The medical certificates produced by the applicant refer to a cervical disc disease and osteoarthritis from which the applicant was suffering in the period between December 2002 and February 2003 (see paragraph 19 above), which is more than thirteen years after the date of the alleged ill-treatment. The Court considers that such delayed medical examinations could not determine whether the injuries and pain alleged by the applicant were caused during the events of 19   July 1989. 61.     Under these circumstances, it has not been established that the applicant's injury was deliberately caused by the Turkish or Turkish-Cypriot police. In any event, it cannot be ruled out that the applicant's condition is consistent with a minor physical confrontation between him and the police officers. There is nothing to show that the police used excessive force when, as they allege, they were confronted in the course of their duties with resistance to arrest by the demonstrators, including the applicant (see, mutatis mutandis , Protopapa , cited above, §§ 47-48). 62.     The applicant's remaining allegations, concerning the conditions of his detention at the “Pavlides garage” at the Seray Police Station and at Ortakeuy Prison, are unsubstantiated. Nor has it been proved that the applicant's injuries required immediate medical assistance. The Court considers, moreover, that the degree of intimidation which the applicant might have felt while being deprived of his liberty did not attain the minimum level of severity required to come within the scope of Article 3 (see Protopapa , cited above, § 49). 63.     Under these circumstances, the Court cannot consider it established beyond reasonable doubt that the applicant was subjected to treatment contrary to Article 3 or that the authorities had recourse to physical force which had not been rendered strictly necessary by the applicant's own behaviour (see, mutatis mutandis , Foka v. Turkey , no. 28940/95, § 62, 24   June 2008). 64.     It follows that there has been no violation of Article 3 of the Convention. V.     ALLEGED VIOLATION OF ARTICLE 5 OF THE CONVENTION 65.     The applicant alleged that his deprivation of liberty had been contrary to Article 5 of the Convention which, in so far as relevant, reads as follows: “1.     Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: (a)     the lawful detention of a person after conviction by a competent court; ... (c)     the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; ... 2.     Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him. ...” 66.     The Government disputed this claim. A.     Arguments before the Court 1.     The Government 67.     The Government observed that given its violent character, the demonstration constituted an unlawful assembly. They referred, on this point, to sections 70, 71, 80 and 82 of the Cypriot Criminal Code, which was applicable in the “TRNC” (see paragraphs 28-31 above) and noted that under Chapter 155 of the Criminal Procedure Law (see paragraph 32 above), the police had power to arrest persons involved in violent demonstrations. 2.     The applicant 68.     The applicant considered that he had not taken part in a “riot”, but merely in a demonstration against the Turkish occupation of a sovereign territory. 3.     The third-party intervener 69.     The Government of Cyprus observed that during the applicant's initial arrest, subsequent detention and prison sentence following the court conviction, the applicant was denied his liberty in circumstances which did not follow a procedure prescribed by law and which were not lawful under Article 5 §   1 (a) and   (c) of the Convention. Moreover,   the authorities' failure to inform the applicant of all the reasons for his arrest constituted a violation of Article   5 §   2. B.     The Court's assessment 70.     It is not disputed that the applicant, who was arrested and remanded in custody by the “TRNC” Nicosia District Court, was deprived of his liberty within the meaning of Article 5 § 1 of the Convention. 71.     As to the question of compliance with the requirements of Article 5 § 1, the Court reiterates that this provision requires in the first place that the detention be “lawful”, which includes the condition of compliance with a procedure prescribed by law. The Convention here essentially refers back to national law and states the obligation to conform to the substantive and procedural rules thereof, but it requires in addition that any deprivation of liberty should be consistent with the purpose of Article 5, namely to protect individuals from arbitrariness (see Benham v. the United Kingdom , 10 June 1996, §§ 40 and 42, Reports 1996-III). 72.     The Court further notes that in the case of Foka v. Turkey (cited above, §§ 82-84) it held that the “TRNC” was exercising de facto authority over northern Cyprus and that the responsibility of Turkey for the acts of the “TRNC” was inconsistent with the applicant's view that the measures adopted by it should always be regarded as lacking a “lawful” basis in terms of the Convention. The Court therefore concluded that when, as in the Foka case, an act of the “TRNC” authorities was in compliance with laws in force within the territory of northern Cyprus, it should in principle be regarded as having a legal basis in domestic law for the purposes of the Convention. It does not see any reason to depart, in the instant case, from that finding, which is not in any way inconsistent with the view adopted by the international community regarding the establishment of the “TRNC” or the fact that the Government of the Republic of Cyprus remains the sole legitimate government of Cyprus (see Cyprus v. Turkey , cited above, §§ 14, 61 and 90). 73.     In the present case, it is not disputed that the applicant took part in a demonstration which the authorities of the “TRNC” regarded as potentially being an “unlawful assembly” within the meaning of section   70 of the Cyprus Criminal Code (see paragraph 28 above). Taking part in an unlawful assembly is an offence under section 71 of the Cypriot Criminal Code and is punishable by up to one year's imprisonment (see paragraph 29 above). It is also an offence under the “TRNC” laws to enter “TRNC” territory without permission and/or other than through an approved port (see paragraphs 33-34 above). The Court further notes that according to Chapter 155, section 14 of the Criminal Procedure Law, a police officer may, without warrant, arrest any person who commits in his presence any offence punishable with imprisonment or who obstructs a police officer while in the execution of his duty (see paragraph 32 above – see also Protopapa , cited above, § 61, and Chrysostomos and Papachrysostomou , Commission's report, cited above, §   147). 74.     As the police officers who effected the arrest had grounds for believing that the applicant was committing offences punishable by imprisonment, the Court is of the opinion that he was deprived of his liberty in accordance with a procedure prescribed by law “for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence”, within the meaning of Article 5 § 1