Cyprus v. Turkey (Just Satisfaction)
Legal Relevance
Keywords: Relatives as Victims | Reparations | Admissibility
Themes: Memory and Reparations | Persons and Groups Affected
The Court found the claim admissible and reiterated that just satisfaction in principle applies to inter-State cases but needs to be assessed on a case-by-case basis. It held that since it is the individual, and not the State, who is directly or indirectly harmed by a violation of the Convention, just satisfaction should be awarded for the benefit of individual victims even in inter-State cases. The Court awarded just satisfaction to the applicant State in light of the fact that it had submitted claims in respect of sufficiently precise and objectively identifiable groups of victims, who undoubtedly suffered protracted feelings of helplessness, distress and anxiety as a result of the violation of their rights.
Judgment Date
May 12, 2014
Country
Turkey
Judicial Body
European Court of Human Rights
Facts of the Case
In May 2001 the European Court of Human Rights found numerous violations of the Convention by Turkey arising out of the Turkish military operations in northern Cyprus in July and August 1974. In particular, it found that a number of Greek Cypriots were victims of enforced disappearances committed by Turkey. The Court held that the issue of just satisfaction was not ready for decision and adjourned consideration thereof. In March 2010 Cyprus submitted to the Court its claims for just satisfaction concerning missing persons.