\\server05\productn\B\BIN\23-1\BIN102.txt unknown Seq: 3 18-JUL-05 14:12 2005]THE NATO BOMBING CASE AND HUMAN RIGHTS PROTECTION57 of April 23, 1999 that struck the radio and television station Radio In a judgement delivered in Strasbourg on 18 December 1996 in the case of Loizidou v. Turkey (Merits), the European Court of Human Rights dismissed the Government's preliminary objection ratione temporis that the Court could not examine the complaint because it concerned matters which occurred prior to Turkey's acceptance of its . The following case,Loizidou v. Turkey , was referred to the European Court by the Government of the Republic of Cyprus. This approach is known as the spatial model of jurisdiction. (15318/89, (1995) 20 EHRR 99, , [1995 . A. Loizidou v. Turkey. The finding made, for example, by the ECtHR in the Loizidou v. Turkey case, in which the Court strongly stressed that the non-recognition, by one of the parties to the dispute, of the Government of the other, does not prevent the exercise of its jurisdiction: The applicant relied on the findings of the Court in its judgments in the cases of Loizidou v. Turkey ((preliminary objections), judgment of 23 March 1995, Series A no. 6 See Loizidou v. Turkey, App. ), The Charter of the United Nations, A Commentary, 2nd ed., Oxford, 2002, p. 854 ff. SUMMARY OF THE CASE 138 23.3.1995 JUDGEMENT IN THE CASE OF LOIZIDOU v. TURKEY (Preliminary objections) In a judgment delivered at Strasbourg on 23 March 1995 in the case of Loizidou v. Turkey, the European Court of Human Rights, by sixteen votes to two, held that the territorial restrictions attached to Turkey's Article 25 and 46 declarations . 17. developed in Loizidou v Turkey,7 dictates that jurisdiction arises when a State 'exercises effective control of an area outside its national territory'8 in which the affected individual is situated. The same is true in the case of jurisdiction ratione loci. different models of extraterritorial jurisdiction. Ct. H.R. 7 JUDGEMENT IN THE CASE OF LOIZIDOU v. TURKEY. complaints fall within the jurisdiction of the respondent State and whether that State is in fact responsible for those acts under the Convention are very different, the latter question falling to be determined by the Court rather at the merits phase (Loizidou v. Turkey (preliminary objections), §§ 61 and 64). As a subsidiary argument, we would also like the Court to find that it has no jurisdiction to examine this . recognised the compulsory jurisdiction of the Court (Article 46). The object of the request was to obtain the Court's decision on the question whether or not the applicant was the victim of a violation of the rights guaranteed by Articles 3, 6 and 13 of the Convention and whether or not Turkey failed to See Also - Loizidou v Turkey ECHR 23-Mar-1995. 2 of Judge G6lciklui's dissenting opinion. ECtHR?s jurisdiction in respect of facts occurring prior to the date of deposit, it had to be shown that alleged violations were not confined to prior to 1990 and were still continuing. IN THE CASE OF LOIZIDOU V. TURKEY (MERITS) The Court recalled the dismissal in its Judgement in March 1995, of various preliminary objections raised by the Turkish Government and referred to the facts surrounding the case and in particular to the ownership of land by the Applicant, the presence of the Turkish armed forces in Cyprus and their . 15318/89) Summary and Legal Examination 1|Page fCASE OF LOIZIDOU v. TURKEY Background to the Case: The applicant, Mrs. Titina Loizidou, grew up in Kyrenia in Northern Cyprus. The Court recalls that in the case of Loizidou v. Turkey the Court dismissed the respondent Government's preliminary objections as to Turkey's alleged lack of jurisdiction and responsibility for the acts in respect of which complaint was made (Loizidou v. Turkey, merits, op. In the inter-state case Cyprus v. Turkey the Commission observed that "the existence of some kind of civil administration in Northern Cyprus does not exclude Turkish responsibility".49 In its judgement of 23 March 1995 in the case of Loizidou v. Turkey (preliminary objections) the Court put a gloss on the phrase "some kind of civil administration". 31, UN Doc. 65 ASSENOV AND OTHERS JUDGMENT OF 28 OCTOBER 1998 v III. A) at 15 (1978). The case law in this area began with controversies involving the Turkish occupation of Cyprus, most notably in the 1996 Loizidou v. Turkey decision. . The Court refers to its dismissal of the respondent Government's preliminary objections in Loizidou (merits), cited above, as to Turkey's alleged lack of jurisdiction and responsibility for the acts complained of (pp. 7 Ibid., p. 171. g On these problems in relation to "enforcement action" in general, see R E ss and B R 6tttvtER, "Art. 1. IN THE CASE OF LOIZIDOU V. TURKEY (MERITS) The Court recalled the dismissal in its Judgement in March 1995, of various preliminary objections raised by the Turkish Government and referred to the facts surrounding the case and in particular to the ownership of land by the Applicant, the presence of the Turkish armed forces in Cyprus and their . 15318/89, 18 . LOIZIDOU JUDGMENT OF 28 JULY 1998 (ARTICLE 50) 3 (a)Therefor the appeared Government before of the Turkey Court: Mr R. TÜRMEN, Ambassador, Permanent Representative of Turkey to the Council of Europe, Agent, Mr M. ÖZMEN, Legal Counsellor, Ministry of Foreign Affairs, Mrs D. AKÇAY, Deputy to the Permanent Representative of Turkey to the Council of Europe, Co-Agents, Loizidou v Turkey exemplified this jurisdiction. See Also - Loizidou v Turkey ECHR 23-Mar-1995. 3 Bankovic and Others v Belgium and Others, App 52207/99 December 2001. She lived in Kyrenia until 1972 and moved to Nicosia when married intending to settle back to Kyrenia at a later stage. §77. §75. State of Emergency in most of its eastern and south-eastern provinces, Turkey accepted the right of individual complaint.3 Then, in 1990, it accepted the Court's compulsory jurisdic-tion.4 In 1995, the Court issued its first judgment against Turkey in the Loizidou case, finding a violation of Article 1 of Protocol 1 (protection of property).5 1. of jurisdiction that can develop in the case of military or police intervention in a foreign nation, effectively broadening the respon-sibilities of State Parties to the Convention. The Court justified this exception by remarking at para 80 that the inhabitants of Northern Cyprus would have found themselves excluded from the benefits of the Convention safeguards and system which they had previously enjoyed by Turkey's "effective control" of the territory and by the (Jurisdiction over Northern Cyprus; invalidity of reservations to Articles 25 and 46 Declarations) Before the European Court of Human Rights. 15318/89, Loizidou v. Turkey (Preliminary Objections), 23 Mar. In 1972, she married and moved to Nicosia with her husband. It The ECHR took jurisdiction over Loizidou's claim even though Turkey was not a member of the EU. V. SECRETARY OF DEFENCE. As I pointed out in my dissenting opinion on the preliminary objections in the same case (judgment of 23 March 1995), the central legal problem in the case of Loizidou v. Turkey is the question of jurisdiction and responsibility for the purposes of the Convention. Get Loizidou v. Turkey, (1995) 310 ECHR (ser. 310), the central legal problem in the case of Loizidou v. Turkey is the question of jurisdiction and responsibility for the purposes of the . The Court's jurisprudence shows that State consent is a factor that is necessarily taken into account, but need not be decisive. 6 Bankovic and Others v. Belgium and Others 2001, §71. Loizidou v. Turkey, 40/1993/435/514, Council of Europe: European Court of Human Rights, 23 February 1995, . 16 Al-Skeini v United Kingdom (2011) 53 E.H.R.R. 4 Bankovic and Others v. Belgium and Others 2001, §59. The relevance of this interpretation of the concept of jurisdiction may have a substantial impact on the role of states in areas, e.g., Iraq in 2004, where troops can be considered to have effective control. Therefore, the acts of the Danish ambassador, of which the applicant had complained, had affected people within the jurisdiction of the Danish authorities. Loizidou v. Turkey, 28 Eur. Whether the facts alleged by the applicant are capable of falling within the jurisdiction of Turkey under Article 1 (art. (Preliminary objections) The ECHR considered the situation in northern Cyprus when it was asked as to Turkey's preliminary objections to admissibility: 'although Article 1 sets limits on the reach of the Convention, the concept of 'jurisdiction' . (ser. As I pointed out in my dissenting opinion on the preliminary objections in the same case (judgment of 23 March 1995, Series A no. The Court justified this exception by remarking at para 80 that the inhabitants of Northern Cyprus would have found themselves excluded from the benefits of the Convention safeguards and system which they had previously enjoyed by Turkey's "effective control" of the territory and by the -jurisdiction of the court is unclear and is often seen as expanding simply past the member states of the convention, becoming a form of curbing state sovereignty. 1. More precisely, the Court considered in that judgment and in connection with that particular applicant's . Loizidou v. Turkey (preliminary objections) - 15318/89 Judgment 23.3.1995 [GC] Article 1 Jurisdiction of states Jurisdiction of Turkey in case concerning access to property in northern Cyprus Article 35 Article 35-3 Ratione temporis Restrictions ratione temporis des déclarations turques relatives à la Convention: Firstly, the present judgment contains serious methodological flaws. Series A. Loizidou v. Turkey (1995) 20 E.H.R.R. (Preliminary objections) The ECHR considered the situation in northern Cyprus when it was asked as to Turkey's preliminary objections to admissibility: 'although Article 1 sets limits on the reach of the Convention, the concept of 'jurisdiction' under this provision is not restricted to the national . 18 at [132]. The allegations made lie outside the jurisdiction of Turkey within the meaning of Article 1 (art. As I pointed out in my dissenting opinion on the preliminary objections in the same case, [FN72] the central legal problem in the case of Loizidou v. Turkey is the question of jurisdiction and responsibility for the purposes of the Convention. Tyrer v. United Kingdom, 26 Eur. Judgment. The Loizidou case is an obvious example. 53(1) Clause 1 UN Charter", in Stn tn tn (ed. LOIZIDOU v. TURKEY (EUROPEAN COURT OF HUMAN RIGHTS (40/1993/435/514) Titina Loizidou comes from Kyrenia which is in the northern part of Cyprus, now in the Turkish occupied part of the island. In 1972, she married and moved to Nicosia with her husband. Ct. H.R. jurisdiction of the respondent State and whether that State is actually responsible for those acts are two quite separate issues, the second belonging rather to the merits phase of the case (see Loizidou v. Turkey (preliminary objections), 23 March 1995, §§ 61 and 64, Series A no. (Preliminary objections) The ECHR considered the situation in northern Cyprus when it was asked as to Turkey's preliminary objections to admissibility: 'although Article 1 sets limits on the reach of the Convention, the concept of 'jurisdiction' . Loizidou v Turkey: ECHR 23 Mar 1995. Cited in Bankovic, it has been established in Loizidou v Turkey (Preliminary Objections) (Loizidou) where in determining whether effective control exists, the EC+HR will primarily have reference to the strength of the State's military presence in the area. 3 Ilascu and Others v. Moldova and Russia 2004. Center for Inter-legality Research www.cir.santannapisa.it 1 LOIZIDOU v. TURKEY Loizidou v. Turkey, ECtHR (Grand Chamber), app. The allegations made lie outside the jurisdiction of Turkey within the meaning of Article 1 of the Convention. no. The EC+HR emphasised that . The Court will therefore proceed to determine the compensation the applicant is entitled to in respect of losses emanating from the denial of access and loss of control, use, and enjoyment of her property between 22 January 1990, the date of Turkey's acceptance of the compulsory jurisdiction of the Court, and the present time (Loizidou . No. 637 The extraterritorial application of international human rights law on civil and political rights 12 General Comment No. 1) of the Convention. On the accountability, the Court held, by sixteen votes to one, referring to its Loizidou v.Turkey judgment, that the facts complained of fell within the jurisdiction of Turkey and therefore entailed Turkey's responsibility.. On the merits, the Court held with differing divisions of votes (in most cases either unanimously or by 16 votes to 1): 9 This is true even if it is first of all related to the jurisdiction of the Court and . Both Turkey and Loizidou v. Turkey (preliminary objections) - 15318/89 Judgment 23.3.1995 [GC] Article 1 Jurisdiction of states Jurisdiction of Turkey in case concerning access to property in northern Cyprus Article 35 Article 35-3 Ratione temporis Restrictions ratione temporis des déclarations turques relatives à la Convention: Written and curated by real attorneys at Quimbee. Military presence and political support . 310). . 27. jurisdiction of the court is generally defined as being able to make a judgment on anything that concerns the interpretation of the convention. 25781/94, ECHR 2001 IV), Demades v. A) (1995), see Kokott & Rudolf, supra note 9. TURKEY. cit., §§ 39-47 and 49-57). The European Court of Human Rights (ECtHR) is increasingly receiving applications relating to armed conflict or other types of situations of violence. Firstly, the present judgment contains serious methodological flaws. Meanwhile, the personal model lays down that jurisdiction arises whenever a State exercises authority and control over an individual.9 15 Loizidou v Turkey (1995) 20 E.H.R.R. The European Court of Human Rights ruled that Titina Loizidou, and consequently all other refugees, have the right to return to their former properties. [2.0.2] The notion of 'jurisdiction' To begin with, this video explains why the notion of jurisdiction matters, and gives some early examples of how human rights courts or expert bodies have dealt with situations where the violations occurred outside the national territory of the State concerned, as in the case of Loizidou v. Turkey or . 99 ECHR. 1. In order to be However, this principle is not foolproof, as per the European Court of Human Rights in Loizidou v. Turkey, it was observed that although jurisdiction is primarily and predominantly territorial, it is not inevitably and exclusively so and states are free to consent to arrangements whereby jurisdiction is exercised outside the national territory . 15318/89 (July 8, 1993) (partly concurring, partly dissenting opinion of Commissioners N0rgaard, Jorundsson, Go6zfubu1yuk, Soyer and Danelius to the Comm'n Report), reprinted in Decision, para. Loizidou v Turkey, Admissibility, App No 15318/89, Case No 40/1993/435/514, A/310, [1995] ECHR 10, (1995) 20 EHRR 99, (1996) 21 EHRR 188, IHRL 3133 . Loizidou v. Turkey L. Klarevas, 'Turkey's Right-v.-Might Dilemma in Cyprus: Reviewing the Implications of . set out in Loizidou v. Turkey: App. "Loizidou and Cyprus (intervening) v Turkey, Merits, App no 15318/89, Case No 40/1993/435/514, ECHR 1996-VI, [1996] ECHR 70, (1997) 23 EHRR 513, IHRL 3333 (ECHR 1996), 18th December 1996, European Court of Human Rights [ECHR]; Grand Chamber [ECHR]" published on by Oxford University Press. 1) of the Convention. 99. A. 310, and (merits) judgment of 18 December 1996, Reports of Judgments and Decisions 1996 VI), Cyprus v. Turkey ([GC], no. 1. Ct. H.R. Loizidou v Turkey, Admissibility, App No 15318/89, Case No 40/1993/435/514, A/310, [1995] ECHR 10, (1995) 20 EHRR 99, (1996) 21 EHRR 188, IHRL 3133 . jurisdiction can best be understood as limited exceptions to the rule of territorial juris-diction because they all require some significant connection between a signatory state's . V. Objections ratione loci. Loizidou v. Turkey case. As a subsidiary argument, we would also like the Court to find that it has no jurisdiction to examine this application filed by Mrs Loizidou on the grounds of the . The legal status of the "Turkish Republic of Northern Cyprus", which was proclaimed in 1983, has been a bone of contention for previous property cases appearing before the European court, but it has been established in admissibility decisions (for example, Loizidou v. Turkey in 1995 and Xenides-Arestis v. 1) of the Convention. Turkey (1991) 68 D&R 216 (Turkish forces exercised control over northern Cyprus and thus the area under Turkish jurisdiction). Ibid. Loizidou v. Turkey (Preliminary Objections) - Volume 103. . Home > ECtHR - Loizidou v Turkey, Application no. brought other people or property within the jurisdiction of that State to the extent that they exercised authority over them. However, this principle is not foolproof, as per the European Court of Human Rights in Loizidou v. Turkey, it was observed that although jurisdiction is primarily and predominantly territorial, it is not inevitably and exclusively so and states are free to consent to arrangements whereby jurisdiction is exercised outside the national territory . Loizidou v Turkey exemplified this jurisdiction. 2216 (1996) and 81 Eur. 15318/89, 18 December 1996 Legalities Involved: international human rights law and public international law (UN Resolution ….) The first major European Court decision addressing extraterritorial jurisdiction was its 1995 ruling in Loizidou v. Turkey.26 Loizidou was a Greek Cypriot who sued Turkey for Convention deprivations arising out ofTurkish military occupation over parts ofCyprus. 2 This holds that a state has jurisdiction whenever it exercises authority or control over an individual. She is a Cypriot national, and a Cypriot citizen. 2232-36, §§ 49-57). Turkey is the question of jurisdiction and responsibility for the purposes of the Convention. Second, it advances a model of jurisdiction based on power understood as a potential for control and the application of rules to the concerned individuals. 15318/89, 18 December 1996 ECtHR - Loizidou v Turkey, Application no. Ct. H. R. 1807 (1998). 6 See note by R UETH and TR ILSCH, AJIL, 2003, p. 168 ff. For a discussion of the case, see e.g. 4 Ibid para 75. The Court has so far dealt with the issue of its own jurisdiction as well as the jurisdiction of state parties in a series of cases.17 In terms of the problems they raise, the Soering Case, the Drozd Case, the last Cyprus Cases, the Loizidou Case and the Bankovic Case each have a special place in that series. Consent to the Court's Jurisdiction Ratione Loci Loizidou v Turkey. ECHR. Submissions of those appearing before the Court . Submissions of those appearing before the Court . Loizidou v Turkey (Merits): ECHR 18 Dec 1996. (15318/89, (1995) 20 EHRR 99, , [1995 . As I pointed out in my dissenting opinion on the preliminary objections in the same case (judgment of 23 March 1995), the central legal problem in the case of Loizidou v. Turkey is the question of jurisdiction and responsibility for the purposes of the Convention. 5 Loizidou v. Turkey 1996, §56. As Turkey's 1990 declaration under Article 46 of the Convention excluded the ECtHR's jurisdiction in respect of facts occurring prior to the date of deposit, it had to be shown that alleged violations were not confined to prior to 1990 and were still continuing. Whether the facts alleged by the applicant are capable of falling within the jurisdiction of Turkey under Article 1 (art. 2 Ibid. 310, Loizidou v. Turkey judgment of 18 December 1996 (Merits), Reports of Judgments and Decisions 1996-VI, no. TURKEY (Application no. No. 7 Belilos v. 22 22 Although the Court rightly pointed out that the factual setting of the instant case was different from those in Soeringv. Application No. . The ECHR ruled that Turkey had violated Loizidou's human rights under Article I of Protocol I of the European . For a closer analysis of the Court's findings concerning jurisdiction in Loizidou v. Turkey, Preliminary Objections, 310 Eur. Loizidou was a citizen of Greece, however, which is an EU member state. Firstly, the present judgment contains serious methodological flaws. Loizidou v. Turkey (preliminary objections) - 15318/89 JudgmentArticle 123.3.1995 [GC] Jurisdiction of states JurisdictionArticle 35of Turkeyin caseconcerning accessto propertyin northernCyprus Article 35-3 Ratione temporis Restrictionsratione temporis des déclarations turques relatives à la Convention: preliminary objection joined to the merits 15318/89. In the past, the most notable cases concerned Northern Ireland or the conflict between Cyprus and Turkey that led to the issuing of several judgments during the 1980s and 1990s. Turkey is a State party to the European Convention for Human Rights & Fundamental Freedoms (ECHR) and, in a similar context, the ECtHR has held that Turkey was obliged to adhere to the standards of the Convention not only in Turkey, but also in areas under its effective military and administrative control such as Cyprus (See Loizidou v. 2 Ibid. Series A, No. First, the present judgment contains serious methodological flaws. (ser. 13 (26 May 2004) (HRC General Loizidou v. Turkey is a landmark legal case regarding the rights of refugees wishing to return to their former homes and properties. Turkey 2001, §78 (emphasis added). 3 The ECtHR softened this approach in Issa and Others v . 310. Ct. H.R. Application and interpretation In Jaloud , the ECtHR takes care to meticulously outline these two exceptions to the principle that a state's jurisdiction is primarily exercised on its . In order to be continuing, Mrs Loizidou had to still be the legal owner of the . A) 7, European Court of Human Rights, case facts, key issues, and holdings and reasonings online today. Therefore, even though Israel is not a EU member state, Palestinian refugees who are residents or citizens of a member state of the EU are prospective petitioners in a future . CCPR/C/21/Rev.1/Add. 349. Whether the facts alleged by the applicant are capable of falling within the jurisdiction of Turkey under Article 1 of the Convention Court is not called upon at the preliminary objections stage to examine whether Turkey is actually responsible. §80 (original emphasis). Tool to deal with inter-legality: VCLT (Article 31(3)(3) SUMMARY The case originated in an application against the Republic of Turkey by . While the Court did say in Al-Skeini that rights can be sometimes "divided and tailored", this was 310 (March 23, 1995); Loizidou (Merits), supra note 1; Cyprus v. Turkey (Merits), supra note 23. might represent a valid exercise of jurisdiction for the purpose of Article 1. 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