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Cyprus v. Turkey, Report, Nos. 6780/74; 6950/75, ECommHR, 10 July 1976

Date
10/07/1976
Type Review
Case number 6780/74; 6950/75

Abstract

Derogation from the European Convention on Human Rights in time of emergency. Notice of derogation under Art. 15, para. 3 ECHR.

Normative references

Art. 15 ECHR

Description

In the absence of some formal and public act of derogation by the High Contracting Party concerned, such as a declaration of martial law or state of emergency, Art. 15 ECHR cannot apply. 
(In the present case, the Republic of Cyprus brought claims against Turkey, following the Turkish invasion and occupation of Cypriot territories in 1974).

Notes

The Commission found Turkey responsible for violating Articles 2 ECHR (Right to life), 5 ECHR (Right to liberty and security), 8 ECHR (Right to respect for private and family life) and 13 ECHR (Right to an effective remedy), as well as Article 1 of Additional Protocol No. 1 to the ECHR (Protection of property).