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

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height:1px; text-align:left } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } .s3133A7C8 { font-family:Arial; color:#0069d6 }       FOURTH SECTION             CASE OF PETRAKIDOU v. TURKEY   (Application no. 16081/90)             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 Petrakidou 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. 16081/90) 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, Mrs Marianna Petrakidou (“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 her of her home and that she 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 1964 and lives in Nicosia. I.     THE APPLICANT’S HOME 8.     The applicant claimed that her home had been in Exo Metochi in northern Cyprus. The house concerned had belonged to the applicant’s mother and was located on a large site with trees (covering an area of 711 square metres); it was registered under plot no. 151, sheet/plan 22/20. On 17   April 2002 the applicant’s mother had transferred it to Mr Georgios Sotiri Petrakides (the applicant’s brother) by way of gift. 9.     Since the 1974 Turkish intervention the applicant had been deprived of her home, which was located in the area under the occupation and control of the Turkish military authorities, who had prevented her from having access to and using the property. 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 (see below) and Loizidou v.   Turkey ((merits), 18 December 1996, Reports 1996-VI) cases also took part. A.     The applicant’s version of events 11.     According to the applicant, 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. In the course of the demonstration the applicant was seized by the hair and violently beaten on the head, back and bottom and assaulted by Turkish military personnel and/or other personnel acting under Turkish control. They continually grabbed hold of her breasts. She was dragged to a bus through a crowd that spat and swore at her and then taken to the so-called “Pavlides Garage” with other women. On her arrival there the applicant was searched and forced to sit on the floor. The toilet facilities were filthy and she was refused water. Two UN soldiers were present, but were not allowed to note down the names of the detainees. The crowd outside the garage was swearing, and shouting abuse and threats as well as throwing stones at the garage, some of which came through the roof. 12.     On 20 July 1989 the applicant was interrogated in the garage for more than an hour. She refused to sign a statement, which was written in Turkish. The applicant and the other detainees were provided with food and at the same time were photographed and filmed by a television crew. 13.     On the same day, the applicant was taken to court and remanded in custody for two days. She was transferred to Ortakeuy Prison, where she was kept in a cell with another woman. The conditions of detention were appalling and there were not enough beds for all the women detainees; during the night she and the other detainees were harassed by the guards. 14.     On 21 July 1989 the applicant was taken to court to stand trial. She had no legal representation or proper interpretation; she had not previously seen the exhibits which were produced at the trial. Outside the court a crowd had gathered and was constantly shouting. 15.     On the 22 July 1989 the court sentenced the applicant to three days’ imprisonment and a fine of 50 Cyprus pounds (CYP – approximately 85   euros (EUR)), with five additional days in prison in default of payment within 24 hours. After the trial she was taken back to the prison. 16.     In the course of her detention, the guards constantly made a lot of noise both during the day and at night, repeatedly entered the cells and turned on the lights. On two occasions the applicant had to sign documents written in Turkish in order to get her personal effects back. After an incident between the detainees and some Turkish photographers, the applicant was hit by one of her guards and put in an isolation cell, which was filthy, dark, and very hot and had no ventilation. While in the cell, the applicant was attacked and beaten by one of the guards, receiving severe blows to the face, head and arms. Her arm was badly injured and she lost consciousness. She was visited by a person claiming to be a doctor who said that she needed treatment, but none was given. The applicant remained in the isolation cell until her release on 24 July 1989. She was examined by a UN officer, who bandaged her arm; she was then taken by bus to southern Cyprus. 17.     In support of her claim of ill-treatment, the applicant produced two medical certificates. The first was issued by Doctor Andreas Hadjiloizou, a pathologist practising in Ayios Dhometios, on 20 December 2002. It reads as follows: “Mrs Petrakidou visited me at my clinic on 25.7.1989 after she was released by the Turks and complained of headaches, difficulty in moving her head and pain in the right lower part of the arm following violent twisting. From the examination it was established that she had mild concussion, difficulty in moving her head and pain in the right lower part of the arm due to violent twisting. She was advised to remain in bed for one week. She has since visited me several times complaining of dizziness and headaches. ” 18.     The second certificate was a “medical opinion” issued on an unspecified date by Doctor   Simos Nissiotis, a specialist orthopaedic surgeon practising in Nicosia. It reads as follows [1] : “The patient Alkiviadous Petrakidou Marianna has been followed by me from 26/7/1989 for various problems that have been troubling her since the ill-treatment she was subjected to in the prisons of the Turkish-Cypriot pseudo-state in Nicosia. The patient participated in an anti-occupation demonstration on 19 July 1989, and was arrested by the authorities of the pseudo-state. During her arrest as well as during her detention she was beaten and ill-treated by the above authorities. She was released on 27/7/1989 and was immediately taken to Nicosia General Hospital to be examined by doctors and to be administered medical treatment. On 26 July 1989 she visited me in my clinic for further examination and treatment. She presented the following picture: 1.   Injury to the head, concussion. The patient had diffuse haematomas to the head and mainly in her hair and was complaining of headache and dizziness. The patient seemed to be in a very bad shape and had a lot of phobias. 2.   Contusion of the nape. The patient complained of pain and stiffness in the nape and the muscles of the nape were contracted. The movements of the head (bending, extension and rotation) were painful and limited and caused an aggravation of the headache and dizziness. 3.   Contusion of the right forearm. The patient wore an elastic bandage on her right forearm and was complaining mainly of pain with movements in the extensor and flexor. I removed the bandage and she had a haematoma in the area of the round extensor. For the orthopaedic problems of the patient I recommended anti-inflammatory, muscle relaxant and analgesic medicines. I put her forearm in a special sock and recommended that after the acute phase (approximately 10 days) she start doing exercise and swimming. For her concussion I recommended that she avoid gazing fixedly and exposure to the sun. The patient then returned to work on 7 August 1989, though still having problems resulting both from her contusions and her concussion, which however decreased in frequency with the passage of time. Ever since then and until today the patient has been suffering mainly from pain in the neck, particularly in the cold months. During these attacks she takes her medicines and the problems disappear. This is due to the weakness of the muscles of the nape caused to her old injury. As regards the problems resulting from her concussion, her phobias and her psychological problems, she is being treated by a specialist colleague. From an orthopaedic point of view, I recommend that she takes her medicines during attacks and that she swims in the summer in order to strengthen her muscular system. This will help her to have rarer and milder attacks of neck pain.” 19.     The applicant produced a photograph of herself with a bandage on her right arm. This photograph was allegedly taken on her return home after her release by the authorities of the “Turkish Republic of Northern Cyprus” (the “TRNC”). B.     The Government’s version of events 20.     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. 21.     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. 22.     The applicant was charged, tried, found guilty and sentenced to a short term of imprisonment. She pleaded not guilty, but did not give evidence and declined to use the available judicial remedies. She was asked if she 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 23.     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 24.     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. Documents pertaining to the applicant’s trial 25.     The English translation of the “TRNC” Nicosia District Court judgment of 22   July 1989 indicates that the applicant, together with 24 other women, was charged with two offences: entering “TRNC” territory without permission (contrary to sections   2, 8 and 9 of Law no. 5/72 – see paragraph   32 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 33 below). 26.     The judgment was given in the presence of the accused and of an interpreter, who was reminded of his oath.   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 seven 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” buffer zone, shouted abuse at the Turkish-Cypriot forces, 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; (vi) the accused had been told that they could cross-examine witnesses in turn and, if they wished, choose one of their number to cross-examine the witnesses on behalf of all the accused; however, they did not do so; some of the accused, including the applicant, put questions to the prosecution witnesses; most of the accused women did not make use of their right of cross-examination; (v) the applicant made the following statement: “I consider our arrest as illegal, because we were arrested while we were on a territory which, however you look at it, is Hellenic, by troops we do not recognise. We had come in peace, but were faced by violence, not by the Turkish army, but by the Turkish Cypriots, who until then we had considered as brothers”; (vi) some of the other women accused gave statements, declaring that the demonstration was peaceful, that they had not carried weapons and that they did not recognise the “TRNC” as a valid State; (vii) relying on the statements of the prosecution witnesses, 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; the statements made by some of the accused were mainly of a political nature and did not undermine the statements of the prosecution witnesses; (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 27.     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.” 28.     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. 29.     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.” 30.     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 31.     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 32.     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.” 33.     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 such a fine.” THE LAW I.     PRELIMINARY ISSUE 34.     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 her claims to the Immovable Property Commission (the “IPC”) instituted by the “TRNC” Law 67/2005. 35.     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. 36.     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. 37.     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 her property claims to the IPC cannot be accepted. 38.     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 39.     The applicant submitted that in 1974 her home had been in Exo Metochi. As she had been unable to return there, she 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.” 40.     The Government disputed this claim. 41.     The Government of Cyprus submitted that the applicant had been driven from her home by the Turkish invasion and had been consistently refused the right to return there ever since, in violation of Article   8 of the Convention. This interference could not be justified under the second paragraph of that provision. 42.     The Court observes that the applicant lived in the home owned by her mother until the age of ten and that she claimed that this property was still regarded strongly as the family home more than thirty-five years later. 43.     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 , cited above, § 135). 44.     Turning to the facts of this case, the Court recalls that the applicant was very young at the time she 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 her entire life, the applicant has been living elsewhere. The fact that she 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 her home (see, mutatis mutandis , Demopoulos and Others , cited above, § 136). 45.     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 OF THE CONVENTION 46.     The applicant complained of a violation under Article   14 of the Convention on account of discriminatory treatment against her in the enjoyment of her rights under Article 8 of the Convention. She alleged that this discrimination was based on her national origin and religious beliefs. 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.” 47.     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). 48.     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 her home (see paragraph 44 above). Therefore, the facts in issue do not fall within the ambit of Article 8. Article 14 of the Convention is accordingly not applicable. 49.     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 50.     The applicant complained about the treatment administered to her during both the demonstration of 19 July 1989 and the proceedings against her in the “TRNC”. She 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.” 51.     The Government disputed her claim. A.     Arguments before the Court 1.     The Government 52.     Relying on their version of the events (see paragraphs 20-22 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 53.     The applicant submitted that her 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. She essentially adopted the observations submitted by the Government of Cyprus (see below). 54.     The applicant further observed that she had been violently struck on her head, back and bottom and had been dragged by her hair. This constituted an excessive use of force. She had also suffered a sexual assault at the hands of soldiers who had grasped at her breasts while her hands were held behind her back by another soldier. She had genuinely feared that she would be raped by the soldiers. The conditions in which she had been detained were inhuman and degrading. When she had objected to being forced to use a bucket as a toilet she had been severely beaten all over her body by a male warden and had feared for her life. She had lost consciousness as a result of the beating. 3.     The third-party intervener 55.     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. 56.     The treatment endured by the applicant during her 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 57.     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. 58.     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 obtaining at the time of the applicant’s arrest. 59.     It further observes that the applicant submitted that in the course of her arrest she was beaten on her head, back and bottom by Turkish policemen who had continually grabbed hold of her breasts (see paragraph   11 above). She further alleged that while in detention, she had suffered an attack by one of the guards, during which she had received severe blows to the face, head and arms. As a result, her arm had been badly injured (see paragraph 16 above). However, the Court has at its disposal little evidence to corroborate the applicant’s version of events. The medical certificates produced by Mrs Petrakidou refer to mild concussion, to a contraction of the muscles of the nape and to a haematoma in the area of the round pronator muscle of the arm (see paragraphs 17-18 above). No evidence of major traumatic events or of the alleged sexual assaults has been produced. 60.     The Court observes, first, that it has not been established that the applicant’s injuries were 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 her 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). 61.     The applicant’s remaining allegations, concerning the conditions of her detention at the “Pavlides garage” and in 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 her liberty did not attain the minimum level of severity required to come within the scope of Article 3 (see Protopapa , cited above, § 49). 62.     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). 63.     It follows that there has been no violation of Article 3 of the Convention. V.     ALLEGED VIOLATION OF ARTICLE 5 OF THE CONVENTION 64.     The applicant alleged that her 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. ...” 65.     The Government disputed this claim. A.     Arguments before the Court 1.     The Government 66.     The Government submitted 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 27-30 above) and noted that under Chapter 155 of the Criminal Procedure Law (see paragraph 31 above), the police had power to arrest persons involved in violent demonstrations. 2.     The applicant 67.     The applicant considered that she 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 68.     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 her 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 her arrest constituted a violation of Article   5 §   2. B.     The Court’s assessment 69.     It is not disputed that the applicant, who was arrested and remanded in custody by the “TRNC” Nicosia District Court, was deprived of her liberty within the meaning of Article 5 § 1 of the Convention. 70.     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). 71.     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). 72.     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 27 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 28 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 32-33 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 31 above – see also Protopapa , cited above, § 61, and Chrysostomos and Papachrysostomou , Commission’s report, cited above, §   147). 73.     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 she was deprived of her liberty in accordance with a procedure prescribed by law “for the purpose of bringing [her] before the competent legal authority on reasonable suspicion of having committed an