B. RECENT POLITICAL HISTORY AND DEVELOPMENTS.

1. The Republic of Cyprus was set up on 16 August 1960, with the coming into force of its Constitution and three main Treaties, which have their origin in the Zurich Agreement of 11 February 1959 between Greece and Turkey, and the United Kingdom. The Constitution of the Republic together with the three Treaties afforded the legal framework for the existence and functioning of the new State.

The three Treaties are:

2. The Treaty of Establishment. It was signed by Cyprus, Greece, Turkey and the United Kingdom. It provides for the establishment of the Republic of Cyprus and, inter alia, for the creation and operation of two sovereign British military bases in Cyprus; the co-operation of the Parties for the common defence of Cyprus; and the recognition and respect of human rights to everyone within the jurisdiction of the Republic, comparable to those set out in the European Convention of Human Rights (UN Treaty Series, vol. 382 (1960) no. 5476).

3. The Treaty of Guarantee. It was signed by Cyprus, the United Kingdom, Greece and Turkey, whereby the independence, territorial integrity and security of the Republic of Cyprus, as well as the state of affairs established by the Basic Articles of its Constitution, are recognized and guaranteed (UN Treaty Series, vol 382 (1960) no. 5475).

4. The Treaty of Alliance. It was signed by Cyprus, Greece and Turkey, aiming at protecting the Republic of Cyprus against any attack or aggression, direct or indirect, directed against its independence or its territorial integrity (UN Treaty Series, vol. 397 (1961) no. 5712).

5. The Constitution of Cyprus, whilst establishing an Independent and sovereign Republic, was, in the words of de Smith, an authority on Consitutional Law; "Unique in its tortuous complexity and in the multiplicity of the safeguards that it provides for the principal minority; the Constitution of Cyprus stands alone among the constitutions of the world" (S.A. de Smith, 'The New Commonwealth and its Constitutions", London, 1964, p.296).

6. Therefore, it was no surprise that, within less than three years, abuse of safeguards by the Turkish Cypriot leadership, led to total unworkability of the Constitution, which necessitated the submission of constitutional amendments submitted by the President of the Republic, and which were immediately rejected by the Turkish Government, and subsequently by the Turkish Cypriot community.

7. Turkey, in furtherance to its designs, based on territorial aggrandisement, instigated the Turkish Cypriot leadership to resort to insurrection against the state, thus forcing the Turkish Cypriot members of the executive, legislature, judiciary and the civil service to withdraw from their posts, and created military enclaves in Nicosia and other parts of the island.

8. As a result of the above, and the intercommunal violence that ensued, the Security Council of the United Nations was seized-of the situation, and by resolution 186 of 4 March 1964 a Peace Keeping Force (UNFICYP) was sent to Cyprus and a Mediator was appointed. In his Report (S/6253, A/6017, 26 Marach 1965), the Mediator, Dr Gala Plaza, criticized the 1960 legal framework, and proposed necessary amendements which were again forthwith rejected by Turkey, a fact which resulted in serious deterioration of the situation with constant threats by Turkey against the sovereignty and territorial intergrity of Cyprus, necessitating a series of UN Resolutions calling, inter alia, for respect of the sovereignty, independence and territorial intergrity of Cyprus.

9. The Secretary-General of the United Nations in 1965, described the policy of the Turkish Cypriot leaders in this way: "The Turkish Cypriot leaders have adhered to a rigid stand against any measures which might involve having members of the two communities live and work together, or which might place Turkish Cypriots in situations where they would have to acknowledge the authority of Government agents. Indeed, since the Turkish Cypriot leadership is committed to physical and geographical separation of the communities as a political goal, it is not likely to encourage activities by Turkish Cypriots which may be interpreted as demonstrating the merits of an alternative policy. The result has been a seemingly deliberate policy of self-segregation by the Turkish Cypriots" (Report S/6426 10.6.65).

10. Despite this policy, a certain degree of normality gradually returned to Cyprus and with the active encouragement of the Government, by 1974 a large proportion of Turkish Cypriote were living and working alongside with their Greek Cypriot fellow citizens.

11. Using as a pretext the coup d'etat of 15 July 1974, instigated by the then Greek military junta against the Cyprus Government, Turkey invaded the island on 20 July 1974. Forty thousand Turkish troops landed on the island, in violation of the Charter of the UN, the Treaties of Guarantee, Establishment and Alliance and the relevant principles and norms of international law.

12. As a result, approximately 37% of the territory of the Republic was and remains occupied. Many thousand of people amounting to 40% of the Greek Cypriot population, representing 82% of the total population of the occupied part of Cyprus, were forcibly expelled. Thousands of people, including civilians, were wounded, ill treated or killed. Moreover, the fate of hundreds of Greek Cypriote, including women and children and other civilians, many of whom were known to have been captured by the Turkish army, is still unknown.

13. The Turkish occupation authorities resorted to a policy of systematic destruction of the cultural and religious heritage of Cyprus.

14. Since the Turkish occupation army has assumed effective control of the northern part of the territory of Cyprus, Turkey has pursued a systematic state policy of colonization. To this extent. Turkey has allowed the settlement until the end of 1996 of about 109.000 of its citizens to the area under its military occupation.

15. The policy of the Turkish Government also led to the shrinking of the Turkish Cypriot population mainly through emigration, from 120.000 in 1974, to approximately 89.200 by the end of 1996 (pl. refer also to the report of the Parliamentary Assembly of the Council of Europe on 'The demographic structure of Cypriot communities" of 27 April 1992 (Doc. 6589). The net emigration of Turkish Cypriote between 1974 - 1996 was, in accordance with Turkish Cypriot sources, approximately 48.600.

16. A series of United Nations General Assembly and Security Council Resolutions condemned the invasion of Cyprus, the continuing military occupation, its colonization, and the secessionist acts that followed and, demanded the return of the refugees to their homes in safety, as well as the tracing of missing person, they also urged the speedy withdrawal of all foreign troops, and called for respect of the human rights of the Cypriots (pl. see inter alia General Assembly res. 3212 (XXIX) 1 Nov. 1974; 3395 (XXX) 20 Nov. 1975; 31/12 (1976)12 Nov. 1976; 32/15 (1977) 9 Nov. 1977; 33/15 (1978) 9 Nov. 1978; 34/30 (1979) 20 Nov. 1979; 37/253 (1983)13 May 1983; - Security Council res. 353(1974) 20 July 1974; 354(1974) 23 July 1974; 355(1974) 1 August 1974; 357(1974) 14 August 1974; 358(1974) 15 August 1974; 359(1974) 15 August 1974; 360(1974) 16 August 1974; 36KI974) 30 August 1974; 364(1974) 13 Dec. 1974; 365(1974) 13 Dec. 1974; 367(1975) 12 March 1975; 370(1975) 13 June 1975; 414(1977) 15 Sept. 1977; 440(1978) 27 Nov 1978; 541(1983) 18 Nov. 1983; 550(1984) 11 May 1984; 649(1990) 12 March 1990; 716(1991) 11 Oct. 1991; 750(1992) 10 April 1992; 774(1992) 26 Aug 1992; 789(1992) 25 Nov. 1992; 939(1994) 29 July 1994; 969(1994) 21 Dec 1994; 1000(1995) 23 June 1995; 103211995) 19 Dec. 1995; 1062(1996) 28 June 1996; 1092(1996) 23 Dec. 1996; and 1117(1997) 27 June 1997).

17. Moreover, the European Commission of Human Rights found the Government of Turkey responsible for gross massive and continuing violations of human rights in Cyprus, including murders, rapes, expulsions and refusal to allow more than 180.000 Greek Cypriot refugees, almost one third of the entire population, to return to their homes and properties in the occupied part of Cyprus (pl. see Report of 10 July 1976 on Applications on Cyprus against Turkey No 6780/74 and 6950/75, and Report of 4 October 1983 on Application of Cyprus against Turkey No 8007/77 of the European Commission of Human Rights).

18. On 15 November 1983, in the middle of yet another United Nations initiative, the regime installed by Turkey in the part of Cyprus occupied by Turkish troops, issued a declaration by which it purported to create an independent state. Turkey immediately accorded recognition to the secessionist entity which, however, has not been recognized by any other state. Further secessionist acts followed. United Nations Security Council Resolutions 541(1983) and 550(1984), condemned the unilateral declaration and all subsequent secessionist acts, declared them illegal and invalid, and called for their immediate withdrawal. The Resolutions also called on all states not to recognize the purported state and not to facilitate or in any way assist it.

19. In its search for a peaceful solution, the Cyprus Government, despite the continuing illegal occupation, agreed to intercommunal talks being held in line with the aforesaid UN resolutions. No success was so far achieved, because of the Turkish intransigence and partitionist designs. In the words of the UN Secretary General: "For the present, the Security Council finds itself faced with an already familiar scenario; the absence of agreement due essentially to a lack of political will on the Turkish Cypriot side" (para 53, doc. S/1994/629 of 30 May 1994).

20. The Cyprus Government hopes that Turkey and the Turkish Cypriote will show the necessary commitment, goodwill and respect for international law, and will fully co-operate. The Cyprus Government aims at a just, viable, comprehensive and functional solution under a bizonal, bicommunal federal structure, that will guarantee the independence, territorial integrity, unity and sovereignty of Cyprus, free from the occupation troops and illegal settlers; a solution which would secure full respect of human rights and fundamental freedoms for all Cypriots, irrespective of ethnic origin or religion.

21. From the above, it is evident that the Government of the Republic of Cyprus is prevented by armed force from exercising authority and control and ensuring implementation and respect of human rights in the occupied area (pl. see inter alia European Commission of Human Rights Reports, Cyprus agains Turkey, op.sit. "The Commission concludes that Turkey's jurisdiction in the north of the Republic of Cyprus, existing by reason of the presence of her armed forces there which prevents exercise of jurisdiction by the applicant Government, cannot be excluded on the ground that jurisdiction in that area is allegedly exercised by the "Turkish Federated State of Cyprus"". pl. also see Judgement of European Court of Human Rights, "Case of Loizidou v. Turkey (Merits) (40/1993/435/514) Judgment, 18 December 1996.''