Turcs, Kurdes et Chypriotes devant la Cour européenne des droits de l'homme : une contestation judiciaire de questions politiques

Abstract : This paper considers the juridicization of two political problems, the human rights question in Turkey (including the Kurdish problem) and the Cyprus problem. Turkey, as a member of the Council of Europe and signatory of the European Convention on Human Rights, recognized in 1987 the individual right of application to the European Court of Human Rights and, in 1990, the binding jurisdiction of the Court. Since that, we observe an exponential growth of the number of applications v. Turkey introduced to the Court by Turkish citizens, some of Kurdish origin, andGreek Cypriots. They concern massive violations of human rights in Turkey (particularly because of the repression against Kurdish separatism) and Turkey's Cypriot policy, i. e. the occupation and recognition of the so-called « Turkish Republic of Northern Cyprus » which access is denied to Greek Cypriots. Turkey is face to face with the constitution of an « international human rights area » in which the individuals succeed to make them selves heard and to make difficulties to states who, as Turkey, have refused all external pressures as a challenge to their sovereignty. The condemnations and payments of compensations and damages to individuals sentenced by a supranational institution are summoning the policies of Turkey and, in the Loizidou case, would force it, if it accepts to pay, that it has not done, to deny sovereignty to the « TRNC » and to accept the entire responsability of the current situation in Cyprus. At the time when the debate on Turkey's candidacy to the European Union is blazing, the applications to the ECHR give to the problem a new dimension and show that Turkish and Cypriot citizens are already using their European citizens' rights.
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https://halshs.archives-ouvertes.fr/halshs-00327944
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Submitted on : Thursday, October 9, 2008 - 3:38:53 PM
Last modification on : Wednesday, June 5, 2019 - 3:07:11 PM

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Gilles Bertrand, Isabelle Rigoni. Turcs, Kurdes et Chypriotes devant la Cour européenne des droits de l'homme : une contestation judiciaire de questions politiques. Études internationales, Institut québécois des hautes études internationales, 2000, 31 (3), pp.413-441. ⟨10.7202/704182ar⟩. ⟨halshs-00327944⟩

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