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[joe]

Rights court upholds Aresti judgement

Turkey ordered to pay
refugee έ885,000


THE FINAL decision of the European Court of Human Rights on the Myra Aresti-Xenides case should become the banner under which the Famagusta refugees return to their homes in the fenced city, lawyer Achilleas Demetriades has said.
The Strasbourg-based ECHR, in rejecting a referral to the Grand Chamber of its earlier decision requested by both Xenides and Turkey, upheld its earlier judgment ordering the latter to allow the Greek Cypriot refugee to repossess her home in Famagusta, sealed off by the Turkish army since 1974.
"This is the first time such a judgment has been made concerning Famagusta and it means its refugees now have a strong card to play in their fight for return," Demetriades, who represented Xenides, told The Cyprus Weekly.
The Court also ordered Turkey to pay Xenides a total of έ885,000, that is έ800,000 for loss of use of her home, έ50,000 in moral damages and έ35,000 in court expenses. Turkey has to comply with the payment of this compensation by August 22.
Furthermore, the ECHR rejected Turkey’s argument that the fenced city of Famagusta is the property of Evkaf, the Turkish religious foundation.
Entitled
Commenting on these points, Demetriades said that the έ800,000 award for loss of use meant that it would cost Turkey a total of £22m per month to compensate all Famagusta refugees.
In addition, each Cypriot refugee would be entitled to έ50,000 at least. Demetriades also stressed the importance of the Evkaf argument having finally been rejected by the ECHR.
Myra Aresti-Xenides had asked for her case to be referred to the Grand Chamber because the ECHR decision had left open the issue of the so-called "property compensation commission" set up in the occupied areas to hear refugee claims before applying to Strasbourg.
The rejection of Xenides’ referral by the Court means that the legality question of the so-called property commission will come up at the hearing of the next refugee application against Turkey.
This could be either the case of Demades or Evgenia Michaelidou, in which Turkey has been found guilty of violation in 2003, or any one of 32 other cases already declared acceptable by the ECHR.
Principle
Nevertheless, Achilleas Demetriades firmly believes that the Court would not accept the so-called compensation commission as offering adequate legal remedies to Greek Cypriot refugees, since it is prevented by the so-called constitution of the occupation regime to return property to their rightful owners.
Restitution of property is one of the key principles making up the right to property protected under the European Convention on Human Rights, which the European Court of Human Rights has been set up to uphold.
"In view of this I believe that refugees should not apply to this commission," Demetriades categorically stated.

From the Cyprus Weekly