CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 23 mai 1995

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                     applications Nos.16262 /90, 16263/90,                  16290/90 and 16760/90                  by Nicos NICOLAOU, Petros PAPALEONTIOU,                  Christos SAVVIDES and Demetris LOUCA                  against Turkey         The European Commission of Human Rights sitting in private on 23 May 1995, the following members being present:              MM.    C.A. NØRGAARD, President                  H. DANELIUS                  C.L. ROZAKIS                  E. BUSUTTIL                  G. JÖRUNDSSON                  S. TRECHSEL                  A.S. GÖZÜBÜYÜK                  A. WEITZEL                  J.-C. SOYER                  H.G. SCHERMERS            Mrs.   G.H. THUNE            Mr.    F. MARTINEZ            Mrs.   J. LIDDY            MM.    L. LOUCAIDES                  J.-C. GEUS                  M.P. PELLONPÄÄ                  B. MARXER                  M.A. NOWICKI                  N. BRATZA                  I. BÉKÉS                  J. MUCHA                  E. KONSTANTINOV                  D. SVÁBY                  G. RESS                  A. PERENIC                  C. BÎRSAN              Mr.    H.C. KRÜGER, Secretary to the Commission         Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;         Having regard to the application introduced on 6 March 1990 by Mr. Nicos NICOLAOU against Turkey and registered on 7 march 1990 under file No. 16262/90 ; the application introduced on 6 March 1990 by Mr. Petros PAPALEONTIOU against Turkey and registred on 7 march 1990 under file No. 16263/90 ; the application introduced on 9 March 1990 by Mr. Christos SAVVIDES against Turkey and registred on 9 March 1990 under file No. 16290/90 ; the application introduced on 14 June 1990 by Mr. Demetris LOUCA against Turkey and registred on 20 June 1990 under file No. 16760/90 ;         Having regard to :   -      the reports provided for in Rule 47 of the Rules of Procedure of       the Commission;   -      the Commission's decision of 10 March 1990 to give priority to       Applications Nos. 16262/90, 16263/90 and 16290/90 and to invite       the respondent Government to submit information on the factual       circumstances of the cases;   -      the Government's observations of 28 March 1990 on the       admissibility of Applications Nos. 16262/90, 16263/90 and       16290/90 and the applicants' observations in reply of 6 May 1990;   -      the Commission's decision of 13 July 1990 to give priority to       Application No. 16760/90 and to invite the respondent Government       to submit information on the factual circumstances of the case;   -      the Government's observations of 27 September 1990 on the       admissibility of Application No. 16760/90 and the applicant's       observations in reply of 22 November 1990;   -      the Commission's decision of 14 January 1992 to join the       applications and to invite the parties to supplement their       observations on the admissibility and merits of the applications       in the light of the Commission's decision of 4 March 1991 on the       admissibility of applications Nos 15299/89, 15300/89 and       15318/89;   -      the Government's observations of 20 May 1992 and the applicants'       observations of 18 May 1992;   -      the Commission's decision of 13 May 1994 to adjourn its       examination of the applications pending delivery of the Court's       judgment on the case Loizidou v. Turkey;   -      the Commission's decision of 8 April 1995 to adjourn its       examination of the applications pending delivery of the Court's       judgment on the merits of the case Loizidou v. Turkey;   -      the letter of the applicants' lawyer of 18 April 1995;         Having deliberated ;         Decides as follows:   THE FACTS         The applicants are four Cypriot citizens.   They are represented before the Commission by Mr. Chrysostomides, a lawyer practising in Nicosia.         The facts of the cases as submitted by the applicants may be summarised as follows:   1.     Application No. 16262/90         The applicant is a student born in 1969.   In the night of 16 to 17 February 1990 he was arrested by the Turkish military forces and/or paramilitary personnel when he entered the area of Nicosia which is occupied by the Turkish military forces since 1974.   The applicant was not allowed to contact any person and his detention remained unannounced until 23 February 1990 when members of the United Nations forces were allowed to visit him.   He was not allowed to receive visits from his family.         On 1 March 1990 the applicant appeared before a court which ordered the continuation of the detention.   The applicant faced the charges of entry without permission into a restricted military zone, of writing slogans on walls against the Turkish invasion of Cyprus, of prior entry into the occupied area on 3 and 4 January 1990 and of crossing from the occupied area to the Government controlled part of Cyprus, of pulling down a Turkish flag and of possessing a knife.         On 7 March 1990 he was sentenced by a court to a 20 days imprisonment.   He was released on 26 March 1990.   2.     Application No. 16263/90         The applicant is a student born in 1973.   On 3 March 1990 at 12.00 hours he was arrested while being at the edge of the Nicosia dividing line established by the Turkish military forces after the invasion of Cyprus in 1974 and which is controlled by the United Nations Peace Keeping Forces.   The applicant was protesting against the detention of the first applicant.   He climbed a flag mast on the medieval walls of Nicosia.   He was fired at twice and then arrested by Turkish military forces.   At the time of his arrest he was severely beaten.         The applicant was detained without being allowed to receive any visits.   He was released on 31 May 1990.   3.     Application No. 16290/90         The applicant was born in 1967.   He was arrested on 7 or 8 March 1990 by Turkish military forces while he was apparently trying to enter the buffer zone.   He was released on 2 July 1990.   4.     Application No. 16760/90         The applicant is a student, born in 1971.   He was arrested on 7 March 1990 by Turkish forces near the Paphos gate in the Venetian walls of Nicosia, in the vicinity of the Nicosia dividing line.   This area is considered to be under the control of the United Nations Peace Keeping Forces.   At the time of his arrest he was brutally ill-treated. While detained by the Turkish military forces he was hand-cuffed and his hands and legs were severely injured.   Lighted cigarettes were extinguished on his hands and he was subjected to electro-shock on all parts of his body.         On 26 March 1990 the applicant was sentenced by a court to six months imprisonment.         On 20 April 1990 he was allowed to receive a visit from his mother.   He was released on 24 August 1990.   COMPLAINTS         The first applicant complains that his arrest and detention were contrary to Article 5 of the Convention.   Moreover, the conditions of his detention amounted to inhuman and degrading treatment prohibited by Article 3 of the Convention and were also in violation of his rights under Article 8 of the Convention.   He further complains that his trial, conviction and sentence were contrary to Articles 6, 7 and 10 of the Convention.         The second and third applicants complain that they have been illegally and arbitrarily arrested in violation of Articles 5 and 6 of the Convention.   They also complain that the conditions under which they were arrested and detained amounted to inhuman and degrading treatment prohibited by Article 3 of the Convention and a violation of their rights under Article 8 of the Convention.         The fourth applicant complains under Articles 3, 5, 6, 7 and 8 of the Convention that he was tortured, that he was illegally arrested and detained, that he was sentenced by a court not established by law and after flagrantly unfair proceedings, and that he was convicted for an act which did not constitute a criminal offence under the law of the Republic of Cyprus or international law.   PROCEEDINGS BEFORE THE COMMISSION         Applications Nos 16262/90 and 16263/90 were introduced on 6 March 1990 and registered on 7 March 1990.   Application No. 16290/90 was introduced on 9 March 1990 and registered on the same date.         On 10 March 1990 the Commission rejected a request for interim measures presented by the applicants in the above applications under Rule 36 of its Rules of Procedure. It further decided to give the cases priority and to request information from the respondent Government concerning the whereabouts of the applicants.         The Government submitted observations on 28 March 1990 and the applicants replied on 6 May 1990.         Application No. 16760/90 was introduced on 14 June 1990 and registered on 20 June 1990.         On 13 July 1990 the Commission decided to give the application priority and to invite the respondent Government to provide the Commission with information concerning the applicant's arrest, detention and trial.         The Government submitted observations on 27 September 1990 and the applicant replied on 22 November 1990.         On 14 January 1992   the Commission decided to join the four applications and to invite the parties to supplement their observations on the admissibility and merits of the applications in the light of the Commission's decision of 4 March 1991 on the admissibility of applications Nos 15299/89, 15300/89 and 15318/89.         The Government submitted observations on 20 May 1992 and the applicants on 18 May 1992.         On 13 May 1994 the Commission decided to adjourn its examination of the applications pending delivery of the Court's judgment on the case Loizidou v. Turkey.         On 8 April 1995 the Commission decided to adjourn its examination of the applications pending delivery of the Court's judgment on the merits of the case Loizidou v. Turkey.         On 18 April 1995 the applicants' lawyer informed the Commission that the applications were withdrawn.   REASONS FOR THE DECISION         The Commission notes that the applicants wish to withdraw their applications. It further considers that respect for Human Rights as defined in the Convention does not require it to continue the examination of the applications.         It follows that the applications may be struck off the list of cases pursuant to Article 30 para. 1 (a) of the Convention.         For these reasons, the Commission, unanimously,         DECIDES TO STRIKE THE APPLICATIONS OUT OF ITS LIST OF CASES.         Secretary to the Commission        President of the Commission                (H.C. KRÜGER)                           (C.A. NØRGAARD)