UNITED
NATIONS E


Economic and SocialDistr.
CouncilGENERAL
E/CN.4/1996/54
6 February 1996
Original: ENGLISH

COMMISSION ON HUMAN RIGHTS
Fifty­second session
Item 10 (a) of the provisional agenda

QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN ANY PART OF THE WORLD,
WITH PARTICULAR REFERENCE TO COLONIAL AND OTHER DEPENDENT COUNTRIES AND TERRITORIES

QUESTION OF HUMAN RIGHTS IN CYPRUS

Report of the Secretary­General submitted pursuant to Commission on Human Rights decision 1995/113

1. The Commission on Human Rights, in its decision 1995/113 of 8 March 1995, decided to retain on its agenda item 12 (a) entitled "Question of human rights in Cyprus", and to give it due priority at its fifty­second session, it being understood that action required by previous resolutions of the Commission on that subject would continue to remain operative, including the request to the Secretary­General to provide a report to the Commission regarding their implementation. The present report is submitted pursuant to that decision.

2. In its most recent resolution on this subject (1987/50), the Commission reiterated its previous calls for the full restoration of all human rights to the population of Cyprus, in particular to the refugees. It considered attempts to settle any part of Varosha by people other than its inhabitants as illegal and called for the immediate cessation of such activities. It also called for the tracing of and accounting for missing persons in Cyprus without any further delay, and for the restoration and respect of human rights and fundamental freedoms of all Cypriots, including the freedom of movement, the freedom of settlement and the right to property.

3. In the last two months of 1994, the Secretary­General met separately with each of the Cypriot community leaders to hear their views on the informal joint meetings held previously in the year in Nicosia. In addition the Secretary­General instructed his Special Representative, Mr. Joe Clark, and his Deputy Special Representative and Chief of Mission in Cyprus, Mr. Gustav Feissel, to pursue their contacts with the parties in order to establish the basis for further discussion both on the substance of the Cyprus question and on confidence­building measures (see E/CN.4/1995/69). To this end, the Special Representative travelled to the region in March and May 1995.

4. In mid­June 1995, the Secretary­General informed members of the Security Council that since his last report on the good offices mission (S/1994/1407), his Special Representative and his Deputy Special Representative had continued their contacts with the leaders of the two communities in Cyprus and with the Governments of Greece and Turkey, with a view to finding a basis for a resumption of direct talks (S/1995/488).

5. These contacts, and contacts with interested Governments, were pursued in the second half of 1995. However, in spite of the presence on the negotiating table of almost all the elements required for a just and lasting settlement, the negotiating process again appeared to be blocked (A/50/1, para. 654). In his report to the Security Council on 10 December 1995, the Secretary­General expressed the hope that in the next few months it would be possible to generate the necessary political will to overcome the long­standing deadlock in the negotiating process (S/1995/1020).

6. The Security Council expressed its concern that there had been no progress towards a final political solution and welcomed the decision of the Secretary­General to continue contacts with the two leaders, to make every effort to find common ground for the basis for a resumption of direct talks. It also requested the Secretary­General to submit a report in the first half of 1995 on his mission of good offices, including a full assessment of his efforts towards reaching a settlement of the situation in Cyprus (Security Council resolution 1032 (1995)).

7. Pending a settlement, the United Nations Peace­Keeping Force in Cyprus (UNFICYP) has continued, under its mandate, to discharge humanitarian functions on behalf of the Greek Cypriots living in the northern part of the island, whose number stood at 492 in November 1995. UNFICYP officers have interviewed in private Greek Cypriots who applied for "permanent transfer" to the southern part of the island, in order to verify that the transfer was voluntary. UNFICYP has facilitated temporary visits by Greek Cypriots from the Karpas area to the southern part of the island for family and other reasons. UNFICYP has also assisted in arranging contacts between Maronites living on the island, 234 of whom reside in the northern part, and in delivering to Greek Cypriots living in the northern part of the island foodstuffs and other supplies provided by the Government of Cyprus. UNFICYP has continued its periodic visits to Turkish Cypriots living in the southern part of the island and assisted in arranging family reunion visits for Turkish Cypriots. The Force also provided emergency medical evacuation for civilian members of both communities residing in the northern part of Cyprus.

8. In Pyla, a village located in the buffer zone whose inhabitants comprise members of both the Greek Cypriot and Turkish Cypriot communities, life has remained calm and bi­communal relations in the village are, for the most part, harmonious. UNFICYP continued its efforts to facilitate relations by closely monitoring the situation and promoting practical solutions to various issues.

9. Twice in late October 1995, UNFICYP organized highly successful bi­communal events at the Ledra Palace Hotel within the buffer zone in Nicosia to mark the fiftieth anniversary of the founding of the United Nations. The first occasion, on 22 October, was an "Open House" for children of both communities and their families. It was attended by more than 5,000 persons ­ the largest bi­communal gathering since 1974. More than half of those in attendance were Turkish Cypriots. On 30 October, a "Bi­communal Friendship Concert" took place at the same venue with an attendance in excess of 1,000, once again from both sides. The attendance at each of these events by unprecedentedly large numbers of Turkish Cypriots was possible because the Turkish Cypriot authorities, in a welcome departure, waived the restrictions they normally impose on movement of Turkish Cypriot civilians across the Turkish forces' cease­fire line for the purpose of bi­communal gatherings.

10. The large attendance at the bi­communal events organized by UNFICYP in connection with the fiftieth anniversary of the United Nations in October 1995 demonstrated that there is a strong desire on the part of both Greek and Turkish Cypriots to develop contacts and mutual understanding with their compatriots in the other community. The action taken by the Turkish Cypriot authorities to facilitate the participation of Turkish Cypriots in such events is welcomed and it is hoped that it will be repeated and expanded in the future.

11. As previously reported (see E/CN.4/1995/69), UNFICYP had been engaged in extensive discussions with the authorities on both sides with regard to the living conditions of Greek Cypriots and Maronites living in the northern part of the island and of Turkish Cypriots living in the southern part.

12. In June 1995, UNFICYP shared with the Government of Cyprus the outcome of the review that the Force had undertaken in preceding months regarding the living conditions of Turkish Cypriots located in the southern part of the island. UNFICYP had found that Turkish Cypriots in the southern part of the island were not subjected to a restrictive regime. Under the law, they enjoy the same rights as other citizens, including freedom of movement and the right to acquire property and to dispose of it. At the same time, in several respects, it was found that Turkish Cypriots in the southern part of the island were often the victims of capricious discrimination or police harassment and thus did not at present enjoy a fully normal life. UNFICYP set out concerns that it had in this connection and made a number of recommendations for remedial action by the Government. Specifically, UNFICYP proposed that the Government:

(a) Arrange for the conduct of an independent and comprehensive review of the policies and procedures of the Cyprus police (CYPOL), particularly with respect to their dealings with Turkish Cypriots;

(b) Establish in Limassol an information and liaison office to serve as the principal channel for Turkish Cypriots to obtain information on social welfare and other entitlements, housing and property arrangements and education, and to facilitate processing and issuance of permanent identification cards;

(c) Establish an UNFICYP liaison post in Limassol to carry out humanitarian functions of the Force in respect to Turkish Cypriots; and

(d) Make available resources for teaching Turkish language, literature and culture to members of the Turkish Cypriot community and others located in the southern part of the island. The responses of the Government are contained in letters reproduced in annexes I, II and III.

13. On 7 October 1995, a Turkish Cypriot civilian from the Louroujina area was arrested by CYPOL and was subsequently charged with criminal offences. The person in question and the Turkish Cypriot authorities disputed the assertion of CYPOL that he had been apprehended by CYPOL in the area south of the buffer zone. Those authorities maintain instead that CYPOL apprehended him in the buffer zone. In addition, the person in question and the Turkish Cypriot authorities stated to UNFICYP that he had been severely beaten by members of CYPOL. In the exercise of its humanitarian functions, UNFICYP interviewed and medically examined the man while he was in police custody and concluded that he had been seriously maltreated during and after his arrest. In response to representations by UNFICYP, the Government of Cyprus informed the Force that the question of police maltreatment of this man had been fully investigated. With the cooperation of the Government of Cyprus, UNFICYP ensured that the man received regular visits from his wife, as well as from his chosen Turkish Cypriot physician and Turkish Cypriot lawyer. On 1 December 1995, three days before the beginning of his trial, the Attorney­General of Cyprus decided to drop the charges. The detainee was released to UNFICYP and immediately returned to the northern part of the island. In the light of this and the other reported incidents of abuse of detainees by CYPOL, I welcome the independent inquiry into police misconduct that the Government of Cyprus is carrying out (see annex I).

14. In June 1995, UNFICYP shared with the Turkish Cypriot authorities the outcome of its review of the conditions of Greek Cypriots and Maronites located in the northern part of the island. The review confirmed that these communities were the objects of very severe restrictions, which curtail the exercise of many basic freedoms and have the effect of ensuring that, inexorably with the passage of time, those communities will cease to exist in the northern part of the island. For example, Greek Cypriots living in the northern part of the island are not permitted by the authorities there to bequeath immovable property to relatives, even to next of kin, unless the latter also live in the northern part of the island. In this way, more and more of the immovable property of Greek Cypriots located in the northern part of the island is expropriated by the Turkish Cypriot authorities for their disposal. Furthermore, there are no secondary school facilities for Greek Cypriots or Maronites in the northern part of the island. The Turkish Cypriot authorities have declined to permit the establishment of such facilities. Greek Cypriot children located in the northern part of the island who opt to attend secondary school in the southern part of the island are denied their right to reside in the northern part of the island once they reach the age of 16 in the case of males and 18 in the case of females.

15. In its humanitarian review, UNFICYP set out its concerns about the situation of the Greek Cypriots and Maronites living in the northern part of the island and made a number of recommendations for remedial action by the Turkish Cypriot authorities. With regard to the Greek Cypriots, UNFICYP recommended that:

(a) All restrictions on land travel within the northern part of Cyprus should be lifted;

(b) Access to and religious use of the monastery and the church at Apostolos Andreas by the Greek Cypriots of the Karpas peninsula and their clergy should be unrestricted;

(c) All restrictions preventing off­shore fishing for the Greek Cypriots of the Karpas should be lifted;

(d) Karpas Greek Cypriots and their visitors should be allowed to travel between the Karpas and the buffer zone crossing point in their own vehicles or in regular public transportation without police escort;

(e) Karpas Greek Cypriots should be allowed visits from close relatives who normally reside outside the northern part of Cyprus;

(f) There should be no hindrance at any time to children of Karpas Greek Cypriots returning to their family homes without formality;

(g) Karpas Greek Cypriots should be allowed to bequeath fixed property in the Karpas to their next of kin, and in the event that such beneficiaries normally reside outside the northern part of the island, they should be allowed to visit bequeathed properties without hindrance or formality;

(h) All Karpas Greek Cypriot students attending secondary schools or third level institutions in the south should be allowed to return to their homes on weekends and holidays;

(i) Secondary schooling for Greek Cypriots should be facilitated in the Karpas and teachers and school supplies for Greek Cypriots should be allowed to be provided from the south without hindrance;

(j) The constant presence of the Turkish Cypriot police in the daily lives of the Karpas Greek Cypriots should be ended;

(k) Unrestricted availability of private telephones to Karpas Greek Cypriots should be permitted when they become generally available and Karpas Greek Cypriots should be permitted to make private telephone calls from locations in the Karpas other than police stations without the presence of any official or other person;

(l) Restrictions on hand­carried mail and newspapers should be lifted;

(m) Karpas Greek Cypriots should be permitted visits by Greek Cypriot doctors and medical staff;

(n) Provision of funds from outside the northern area should be permitted for the renovation and maintenance of Greek Cypriot schools and churches in the Karpas area;

(o) Restrictions on UNFICYP freedom of movement to and from as well as within the Karpas area should be lifted;

(p) Restrictions on the carrying out by UNFICYP of its humanitarian and other functions with regard to Karpas Greek Cypriots should be lifted and liaison posts should be established where the greatest number of Greek Cypriots live in the northern part of Cyprus, in the villages of Rizokarpaso and Ayias Trias. (The sole remaining permanent UNFICYP presence in the Karpas, a small liaison post, remains confined with no freedom of movement in the village of Leonarisso, where only nine Greek Cypriots still reside.)

16. Concerning the Maronites living in the northern part of the island, UNFICYP recommended in its review that:

(a) All restrictions on freedom of movement between the two parts of the island for all Maronites located in the northern part and for family members of such persons normally located in the southern part or elsewhere should be lifted;

(b) A medical centre in Kormakiti should be established and supported, staffed by Maronite medical personnel, to serve the three Maronite villages of Asomatos, Karpasha and Kormakiti and, pending its establishment, a Maronite doctor and nurse should be permitted to visit these villages;

(c) Maronite homes in these three villages should be connected with private telephones and, pending this, publicly accessible telephones should be installed in each of the three villages;

(d) Free, normal, unescorted UNFICYP access to the three villages and to Maronite homes there should be facilitated;

(e) The water supply to Kormakiti village should be improved;

(f) Maronites should be permitted periodically to visit, restore and tend to their holy places, located in the northern part of the island but, for the most part, away from the four villages in the north-west where they have resided in modern times. The response of the Turkish Cypriot authorities may be found in annex IV.

17. The humanitarian review conducted by UNFICYP shows that the Greek Cypriots and Maronites living in the northern part of the island are far from leading the normal life they were promised under the agreement reached between the two sides at Vienna on 2 August 1975. The limited measures that the Turkish Cypriot authorities have recently announced with a view to improving the daily lives of the persons concerned are welcomed. At the same time, the measures highlight how much more needs to be done. UNFICYP will pursue this matter with the Turkish Cypriot authorities and others concerned. UNFICYP will also follow up with the Government of Cyprus on the measures it is taking to eliminate any discrimination against or harassment of the Turkish Cypriots living in the southern part of the island.

18. UNFICYP has continued to maintain close liaison and cooperation with the military and civilian authorities on both sides. The liaison arrangements on the whole worked reasonably well. However, there were exceptions, notably in humanitarian areas, including cases where persons were detained after they crossed the buffer zone. Under existing procedures, UNFICYP is entitled to (i) receive information about the detainee within 12 hours of apprehension, and (ii) be in a position to make an unaccompanied visit to the detainee within 24 hours of apprehension and thereafter on a regular basis at least once a week. During the reporting period there were three instances where persons crossed the buffer zone into the northern part of the island; UNFICYP received neither timely nor accurate information from the Turkish Forces and the Turkish Cypriot authorities (see para. 13 above).

19. Efforts to improve the freedom of movement of UNFICYP in the northern part of the island remain unsuccessful despite assurances that restrictions will be removed.

20. UNFICYP has continued to cooperate with the Office of the United Nations High Commissioner for Refugees (UNHCR) as coordinator of United Nations humanitarian assistance to needy displaced persons in Cyprus and in bi­communal cooperation in a variety of areas. The Force has also maintained close cooperation and liaison with the respective police authorities on intercommunal aspects.

21. From 13 December 1994 to 15 June 1995, the Committee on Missing Persons (CMP) did not hold any formal meeting. However, bilateral meetings of the Third Member and his assistant with both sides have taken place on a regular basis in an effort to bridge existing differences over the criteria for the conclusion of investigations. At the end of March, the Third Member submitted to me a report on the basis of which I wrote to the two leaders on 17 May 1995 putting forward compromise proposals of my own which I believed should constitute criteria for concluding investigations. It was encouraging that both sides responded positively to my letter by agreeing to proceed on the basis of the proposed compromise criteria.

22. On several occasions I have conveyed to the Security Council my concern about the lack of progress in the work of the Committee, and my position that continued support by the United Nations should depend on the cooperation of both sides in reversing this situation. In view of the fact that the Committee has been operational since 1984, it is only reasonable that after some 11 years a deadline should be set for the submission of all cases. All Turkish Cypriot cases were received by the Committee several months ago. Following assurances that the remaining Greek Cypriot cases would be received before the end of 1995, the Committee agreed to resume its activities and held two sessions of meetings between 23 November and 12 December 1995.

23. Since 16 June 1993, the financing of UNFICYP has comprised voluntary contributions of $6.5 million annually from the Government of Greece and one third of the cost of the Force from the Government of Cyprus, with the remaining amount assessed on Member States. The estimated cost of maintaining the Force for six months is approximately $22.7 million, with approximately $11.2 million of that amount assessed on Member States.

24. The activities of UNFICYP, including those relating to its humanitarian responsibilities, are described in the Secretary-General's most recent reports to the Security Council on the operation in Cyprus (S/1995/488 and S/1995/1020).

Annex I
LETTER DATED 25 JULY 1995 FROM THE MINISTER FOR FOREIGN AFFAIRS OF CYPRUS ADDRESSED TO THE DEPUTY SPECIAL REPRESENTATIVE OF THE SECRETARY-GENERAL

On behalf of the Government of Cyprus, I would like to acknowledge receipt of UNFICYP's humanitarian report on the situation of Turkish Cypriots living in the free areas of the Republic, the contents of which we studied carefully. It is obvious that this document is not related or connected in any way with the enclaved persons, whose case is completely different.

The Government of Cyprus attaches great importance to this matter, as it firmly believes that all Cypriot citizens, regardless of ethnic origin, are entitled to normal living conditions. As citizens of the Republic, the Turkish Cypriots living in the free areas enjoy the same freedoms, rights and obligations as all other citizens. Furthermore, we are providing special assistance to the Turkish Cypriots who remained in the free areas or moved there at a later stage. The Government has assisted the Turkish Cypriots in securing housing, employment, health and welfare benefits. They also enjoy freedom of movement and can acquire and dispose of property without any restrictions, facts that are well documented in your report. Despite the policy of the Government regarding this issue, it is not impossible that there may be expressions of bitterness due to the continued occupation.

Let me however assure you that we are fully committed to the policy of equal treatment of all Cypriot citizens, and that we are always ready to examine carefully any complaints or reasonable demands by Turkish Cypriots residing in the free areas.

The same policy of equal treatment of all Cypriot citizens guides the work of the Cyprus police. The Chief of Police has issued clear instructions that this policy be applied at all levels of the police. In view of the questions raised in UNFICYP's humanitarian report, an internal review is being initiated by the Cyprus police. In the meantime, any specific issue that UNFICYP may wish to discuss may be raised with the Cyprus police through the existing liaison channels.

Furthermore, I would like to specify that all administrative matters of the population living in each district, irrespective of origin, are the responsibility of the district administrative officers whom we have instructed to take all necessary measures to ensure that the policy of equal treatment is applied to all Cypriot citizens without any exception or discrimination.

We have also requested the competent district officers to facilitate contacts and also to encourage Turkish Cypriots who may feel they were not justly or fairly treated to address themselves to them.

The Turkish Cypriots are mainly living in the areas of Nicosia city, Potamia village, Limassol city, Larnaca city, Paphos city, Mouttalos and Yeroskipou.

The competent officers for these areas are the following:

Mrs. Stalo Agathocleous (tel. No. 02-300539) for Nicosia and Potamia

Mrs. Stala Constantinou (tel. No. 05-330225) for Limassol

Mr. Andreas Phylactou (tel. No. 04-630105) for Larnaca, and

Mrs. Mary Lambrou (tel. No. 06-240187) for Paphos, Yeroskipou and Mouttalos.

UNFICYP can also be in touch with the above officers for any complaints submitted to them.

While we hope that the above arrangements will prove satisfactory to you, we are always ready and willing to discuss any suggestions or observations you may want to submit.

To facilitate UNFICYP's humanitarian work, the Government will, in line with the status-of-forces agreement between the Republic of Cyprus and UNFICYP, facilitate the early establishment of a UNFICYP liaison office in Limassol. The details may be worked out in the normal manner.

I avail myself of this opportunity to convey to you the grave concern of the President of the Republic regarding the situation of the enclaved Greek Cypriots which continues to be totally unacceptable. Due to harassment and total disrespect of their human rights by the Turkish side, only a small number of Greek Cypriots and Maronites remain in the occupied area. This is a direct consequence of the fact that the third Vienna Agreement, signed on 2 August 1975 by Mr. Denkta in the presence of the Secretary-General of the United Nations, has never been honoured by the Turkish side. We, therefore, urge resolute action in order to ameliorate the living conditions of the enclaved Greek Cypriots and Maronites and, in this respect, we are anxious to know the content of your relevant report.

(Signed) Alecos P. MICHAELIDES

Minister for Foreign Affairs

Annex II
LETTER DATED 13 OCTOBER 1995 FROM THE MINISTER OF FINANCE AND ACTING MINISTER FOR FOREIGN AFFAIRS OF CYPRUS ADDRESSED TO THE DEPUTY SPECIAL REPRESENTATIVE OF THE SECRETARY-GENERAL

Further to previous correspondence on the subject ending with the letter, dated 25 July 1995, addressed to you by the Foreign Minister, Mr. Alecos Michaelides, I would like to refer to the UNFICYP humanitarian review on members of the Turkish Cypriot community residing in the free areas of the Republic and to inform you of the following:

After further consideration and discussion, the Government of the Republic has decided:

(a) To establish an elementary day school in Limassol for the needs of the Turkish Cypriot children. Arrangements are being made for a Turkish Cypriot teacher to be employed by the Government;

(b) To establish an office staffed by a full-time employee of the District Office, who will act as a liaison between members of the Turkish Cypriot community and government departments. For this purpose, a competent officer has already been assigned. A sizeable old Turkish Cypriot house has been identified as suitable and has been renovated to be used both as an educational centre and an office for Turkish Cypriot affairs;

(c) To meet UNFICYP's request for office facilities in carrying out necessary contacts in this respect;

(d) To expedite the conclusion of the internal police review, a woman police officer will be assigned as a contact person between the police and the Turkish Cypriots.

The Ministry of Foreign Affairs will keep your staff informed of progress on these issues.

(Signed) Chistodoulos CHRISTODOULOU

Minister of Finance

Acting Minister for Foreign Affairs

Annex III
LETTER DATED 29 NOVEMBER 1995 FROM THE PRESIDENTIAL COMMISSIONER FOR HUMANITARIAN AFFAIRS ADDRESSED TO THE DEPUTY SPECIAL REPRESENTATIVE OF THE SECRETARY-GENERAL

I wish to refer to UNFICYP's document entitled "Humanitarian review of the situation of Turkish Cypriots located in the south of Cyprus". With particular reference to complaints about harassment or maltreating Turkish Cypriots, I would like to state the following.

The Government's declared policy is that Turkish Cypriots should be treated like all other citizens of the Republic and should be facilitated to live a normal life. With regard to the police, strict instructions are in force that they should keep strictly to the security-oriented nature of their duties and that any reports of harassment, maltreatment or brutality will lead to disciplinary action involving dismissal from the Force.

The policies, procedures and practices of the police have been subjected to strict scrutiny and already there has been a reassignment of duties in the Force to ensure compliance with government policy. The situation of Turkish Cypriots living in the free areas of the Republic does not give grounds for any concern whatsoever.

Irrespective of steps taken concerning Turkish Cypriots, the Government is determined to crack down on any individual policeman who is found guilty of maltreatment or brutality. It has not hesitated to go back several years, in its determination to bring to justice no fewer than 15 police officers (amongst them the Superintendent of Police, Limassol) for alleged brutalities to Greek Cypriots back in 1990.

With regard to the incidents involving violent mistreatment of Turkish Cypriots by the police in April 1994, the complainants, or some of them, have lodged private recourses before the European Commission on Human Rights under article 25 of the European Convention for the Protection of Human Rights. The proceedings before the Commission are confidential and, under the relevant rules, no disclosure of any document or address filed is possible. Much as we condemn and deplore any incidents, since the facts are in issue in the proceedings before the Commission, we feel it is only fair to await the result of the recourses. Nobody should doubt the impartiality and the will of the Commission to protect human rights.

In a recent case of complaint by a Turkish Cypriot for police mistreatment, the matter was referred to the ombudsman, who is investigating the complaint and is expected to have his report ready soon. The ombudsman is an independent officer of the Republic who did not hesitate in the past, on five different occasions, to reach the conclusion that the police exceeded their authority.

Moreover, the present Attorney-General is more than ready to recommend to the Council of Ministers the appointment of criminal investigators under the Criminal Procedure Law and the Council of Ministers has so far accepted most of his recommendations. The Attorney-General has actually appointed ex­judges and Counsels of the Republic as criminal investigators to investigate the commission of crimes referred to in the corresponding recourses.

Similar action is being pursued in respect of the case of Osman Yusuf, alias Erkman Egmez, which formed the subject of my letter to you of 20 November 1995. The Attorney-General is determined to bring to justice anyone guilty of maltreatment/brutality.

(Signed) Leandros V. ZACHARIADES

Presidential Commissioner for Humanitarian Affairs

Annex IV
MEASURES BEING IMPLEMENTED BY THE TURKISH CYPRIOT AUTHORITIES IN RESPECT OF GREEK CYPRIOTS AND MARONITES LOCATED IN THE NORTHERN PART OF CYPRUS /

(30 November 1995)

1. Greek Cypriots and Maronites living in the north may go to the south at any time after notifying the police station in the area where they reside. Such persons may remain absent from the north for up to 15 consecutive days at a time. There is no limit on the number of such 15-day journeys that an individual may make. However, if the authorities in the north conclude that the person has taken up residence in the south, he/she will not be permitted to return to the north.

2. Greek Cypriot schoolchildren (males up to 16 years of age and females up to 18 years of age) and Maronite schoolchildren (males and females up to 18 years of age) from families living in the north and who are attending school in the south may visit their parents resident in the north during holidays (official, religious, mid-term, summer and weekends) without any restrictions as regards duration.

3. Greek Cypriots located outside the northern part of Cyprus and having close relatives located in the north (i.e. spouse, father or mother, son or daughter, brother or sister) may visit those relatives once a month for the day. Such Greek Cypriots will have to apply to the Turkish Cypriot authorities at the Ledra Palace crossing point five days in advance.

4. Maronites located outside the northern part of Cyprus may visit their close relatives who are located in the north (i.e. spouse, father or mother, brother or sister, son or daughter, uncle or aunt, grandparent or grandchild or cousin) once a month for up to three days. Such Maronites will have to apply to the Turkish Cypriot authorities at the Ledra Palace crossing point 48 hours in advance.

5. As regards access to the northern part of the island, the Turkish Cypriot authorities will treat nationals of countries other than Cyprus who are of Greek Cypriot or Maronite origin in the same manner that they treat other nationals of the country concerned. In this way, such nationals may visit the northern part of the island by applying to the Turkish Cypriot authorities when crossing at the Ledra Palace crossing point.

6. Greek Cypriots located in the northern part of the island, after informing the police where they live of their destination and the duration of their stay, may undertake day-time travel to Nicosia, Famagusta and Kyrenia. At these locations, they may circulate freely. In Kyrenia, they may travel eastwards to Villa Firtina and westwards to Celebrity Hotel. Greek Cypriots may use the following routes of access to these locations:

Between the Karpas and Famagusta;

Between Famagusta and Nicosia;

Between Nicosia and Kyrenia.

The persons concerned may use public transportation as well as private vehicles, provided these are registered and insured in the north and provided they carry plates and the drivers have licences issued by the Turkish Cypriot authorities. They may visit Celebrity Hotel and other tourist installations in the vicinity, Mare Monte, Deniz Kizi and Jasmine Court hotels and restaurants on the roadways such as St. Tropez, Mirabelle, etc.

7. Maronites located in the northern part of the island, after informing the police where they live of their destination and the duration of their stay, may undertake day-time travel to Nicosia, Morphou, Kyrenia and Famagusta. At these locations, they may circulate freely. In Kyrenia they may travel eastwards up to Villa Firtina. For this purpose, they may use the following routes:

Between Myrtou and Morphou;

Between Myrtou and Kyrenia;

Between Myrtou and Nicosia (southern route);

Between Nicosia and Famagusta.

The persons concerned may visit Celebrity Hotel and other tourist installations in the vicinity, Mare Monte, Deniz Kizi and Jasmine Court hotels and restaurants on the roadways such as St. Tropez, Mirabelle, etc.

8. Telephones for public and private use will be installed in the villages where Greek Cypriots and Maronites live. This will be done as soon as the ongoing infrastructural work is completed.

9. Where necessary, the upkeeping of Greek Cypriot and Maronite places of worship and education in the northern part of the island will be carried out in accordance with current regulations.

10. There has never been any restriction on the circulation in the northern part of the island of newspapers published in south Cyprus. On a daily basis, newspapers and magazines may be obtained from the south through the Ledra Palace crossing point and may be brought freely to villages in the north inhabited by Greek Cypriots and Maronites.

11. Greek Cypriots located in the north may visit Apostolos Andreas Monastery on religious holidays, provided they do so in groups of no less than 20 persons.

12. The Turkish Cypriot authorities will carry out improvements to the infrastructural facilities in the region where Maronites live. These improvements will cover, inter alia, the water supply and road systems as well as the establishment of a medical centre in the Kormakiti area.

13. Some of the important Maronite holy places in the remote areas of the northern part of the island may be repaired, provided the Vatican makes necessary funds available through the Turkish Cypriot authorities.

14. Mail may be channelled to and from Greek Cypriots and Maronites located in the north only through the mail service established by the Turkish Cypriot authorities.