International Lawyers’ Opinion Rejects Turkey’s Argument over Duty to Exhaust Local Remedies

In an Opinion commissioned by the Republic of Cyprus and signed by Professors Amerasinghe, Dugard, Pellet, Schabas, Tomuschat and Sir Ian Brownlie,  the international jurists have concurred that the well-established rule of customary international law that in case of injury to an alien, local remedies must be exhausted before international proceedings may be instituted, is not applicable in the case of Cyprus as far as violation of human rights in the territory outside the control of the Republic of Cyprus is concerned. The Opinion relates to Turkey’s argument that in any proceedings in relation to other States, and, in particular, to acts affecting the Republic of Cyprus this duty should first be exercised.

The non-applicability of the said duty is due to circumstances under which ”the injury consists in the expropriation of private property by a purported ‘State’ or by a body acting on behalf of that purported ‘State’, and the ‘local remedy’ is established by those who have purported to establish the purported ‘State’ and its judicial (or quasi-judicial) institutions.” The Opinion explains the reasons for which the said duty is not applicable.

Relevant links:

• The full Opinion
• Ministry of Foreign Affairs on the Cyprus Question
• The European Court of Human Rights
• International Law Lawyers in Cyprus