During the Turkish invasion of Cyprus the Turkish forces systematically raped over 1000 Greek Cypriot women. Nothing was done to prevent these rapes from occurring because they were part of a deliberate attempt to bring about the destruction of the Greek Cypriots.
In its judgement concerning Turkey’s invasion in Cyprus and aftermath (20 JULY 1974 – 18 MAY 1976) the European Commission of Human Rights decided the following:
” The evidence shows that rapes were committed by Turkish soldiers and at least in two cases even by Turkish officers, and this NOT ONLY in some isolated cases of indiscipline. It has not been shown that the Turkish authorities took adequate measures to prevent this happening or that they generally took any disciplinary measures following such incidents. The Commission therefore considers that the non-prevention of the said acts is imputable to Turkey under the Convention.
The Commission, by 12 Votes against one, finds that the incidents of rape described in the above cases and regarded as established constitute “inhuman treatment” in the sense of Art.3 of the Convention, which is imputable to Turkey” (Report, paras. 373-4)
” The Commission has found violations of a number of Articles of the Convention. It notes that the acts violating the Convention were exclusively directed against members of one of the two communities in Cyprus, namely the Greek Cypriot community. The Commission concludes by eleven votes to three that Turkey has thus failed to secure the rights and freedoms set forth in these Articles without discrimination on the grounds of ethnic origin, race and religion as required by Art.14 of the Convention (Report, para. 503)
According to international law this continues a crime of genocide perpetrated by Turkey against the Greek Cypriots under Article 2 (d) of the Convention on the Prevention and Punishment of the Crime of Genocide, by “Imposing measures intended to prevent births within the group” based on the following case history:
International Criminal Tribunal
Akayesu — judgement of the ICTR (2 September 1998)
This judgement recognized for the first time that acts of sexual violence can be prosecuted as constituent elements of a genocidal campaign. The judgement also provided a definition of rape and sexual violence. [1]
507. For purposes of interpreting Article 2(2)(d) of the Statute, the Chamber holds that the measures intended to prevent births within the group, should be construed as sexual mutilation, the practice of sterilization, forced birth control, separation of the sexes and prohibition of marriages. In patriarchal societies, where membership of a group is determined by the identity of the father, an example of a measure intended to prevent births within a group is the case where, during rape, a woman of the said group is deliberately impregnated by a man of another group, with the intent to have her give birth to a child who will consequently not belong to its mother’s group.
508. Furthermore, the Chamber notes that measures intended to prevent births within the group may be physical, but can also be mental. For instance, rape can be a measure intended to prevent births when the person raped refuses subsequently to procreate, in the same way that members of a group can be led, through threats or trauma, not to procreate.
Hellenic Genocide website, 2005
