Cyprus-Forum.com

[brother]

European court rules Greek Cypriot case admissible

Thursday, April 7, 2005



ANKARA – Turkish Daily News

  The European Court of Human Rights ruled yesterday that a Greek Cypriot complaint against Turkey on alleged violations of property rights on the island was admissible, saying a recently created Turkish Cypriot commission mandated to deal with Greek Cypriot property complaints did not provide an effective remedy.

  The Strasbourg-based court said the commission, set up by the Turkish Republic of Northern Cyprus (KKTC) in 2003, ?could not be regarded as an ?effective' or ?adequate' means for redressing the applicant's complaints,? contrary to Turkish argument that the complaint should be referred to the KKTC commission.

  The court's decision runs counter to Greek Cypriot side charges that the commission is illegal because the KKTC, which established the body, is not internationally recognized.

  Greek Cypriot lawyers say Turkey, which keeps more than 30,000 troops in the north of Cyprus, should be held responsible for the property complaints and refuse to refer the charges to KKTC authorities.

  The Greek Cypriot plaintiff, Myra Xenides-Arestis, complains she has not had access to her property for decades in the Turkish Cypriot-controlled region of northern Cyprus because of the Turkish military presence there. Turkey's lawyers have said domestic remedies were not exhausted, arguing that the complaint should be referred to the KKTC commission.

  Xenides-Arestis' case is only one of dozens of similar cases brought against Turkey at the European Court of Human Rights by Greek Cypriots. The European court ordered Turkey in the past to pay 1.1 million euros to a Greek Cypriot woman, Titina Loizidou, for denying her the access to her property in northern Cyprus.

  Turkey has paid the compensation in line with what the court has ruled but it says the pending complaints should be referred to KKTC authorities.

  The property commission was created under a law enacted by the KKTC Parliament in June 2003 to provide compensation for Greek Cypriot-owned property located in the north, but it has received only a few applications from Greek Cypriots so far.

  If the KKTC commission is accepted as legally entitled to deal with Greek Cypriot property complaints, dozens of similar complaints pending before the European Court of Human Rights will be referred to this body for a possible remedy. That would mean the previous verdict on Loizidou's case would not automatically set a precedent for pending complaints.

[-mikkie2-]

The ECHR cannot accept the compensation comission as an adequate domestic remedy because it does not allow the right of return of return to the property. It is as simple as that.

[Bananiot]

I am not sure what you say above is corect mikkie. The confusing aspect of this unfolding story is that both sides are hailing the decision of the ECHR as a huge victory. Can someone who is unbiased and with a legal background sort out this mess for us?

[brother]

I think " donyork" would be the right forum member to do this as he is a lawyer but i have not seen him on the forum for a while, does anyone know where he is.

[insan]

The ECHR cannot accept the compensation comission as an adequate domestic remedy because it does not allow the right of return of return to the property. It is as simple as that.

I agree with mikkie. A new agreement should be signed between GC administration and TC administration that also contains the right of returrn and right to property; in boundaries of 3rd Vienna Agreement, 1977 summit agreements, 1979 High Level Agreements and UN resolutions. That's the way moveing forward regarding the properties issue.

Both parties should have signed such an agreement long before the Annan Plan. Now everyone waits a comprehensive solution to the Cyprus problem which also includes the properties issue.

In my opinion if the concerned parties couldn't have reached a comprehensive settlement on the basis of Annan Plan until the end of negotiations process and if Plan is rejected either of the two communities in the end; the first thing the concerned parties should do is to negotiate right to property, exchange/compensation of properties and return of refugees in boundaries of mutually ratified agreements. Mutually acceptable provisions are needed to solve the issues concerning right to property, exchange/compensate and return of refugees.


ECHR did not consider property commission illegal but inadequate. That's the importance of the decision. GC leadership has been considering it illegal. Now both parties should abandon the nonsense rhetorics and resume the negotiations. As I said if no settlement is reached in the end; they should negotiate the provisions of property and return of refugees independent from Annan Plan but in boundaries of previously ratified agreements and UN resolutions.

[Piratis]

I think the case is clear. No TC commission is going to decide about the GC property rights - period. Call the commission inadequate, call it illegal, call it whatever you want, the fact remains the same.

Therefore Turkey should be prepared to pay billions of pounds of compensations for the last 30 years, and keep paying more and more for every year that she continues the illegal occupation.

For example in the Titina Loizidou case, Turkey paid the money, but it didn't allow her to enjoy her property as she should have done according to the ruling. Therefore Loizidou in lets say 5-6 years from now she can sue Turkey again for not complying, and get another 1 million. Multiply this case by 10000, and then you have the direct cost for Turkey for the occupation. and then of course there is the indirect cost of Turkey from the problems that Cyprus is going to cause to her in her EU accession process.

[insan]

For example in the Titina Loizidou case, Turkey paid the money, but it didn't allow her to enjoy her property as she should have done according to the ruling.

TC leadership called her to return her properties but she rejected to return under the defacto circumstances. So, she can't claim compensation anymore. Actually, Turkey shouldn't have paid the compensation because of the ongoing negotiations to find a comprehensive solution to the Cyprus problem.

The decision of ECHR regarding Loizidu case wss political. At the time ECHR ruled against Turkey; they had a conviction that Turkey did not want a solution to Cyprus problem. After TCs voted "yes" to the Annan Plan, this conviction was eliminated.

Now ECHR has a conviction that it is the GC side that does not want the solution of Cyprus problem.

[Piratis]

TC leadership called her to return her properties but she rejected to return under the defacto circumstances. So, she can't claim compensation anymore.

The ECHR said that Loizidou should be allowed to peacefully enjoy her property, something that is obviously not possible unless Turkey ends her illegal occupation. How can you enjoy your property when the occupation doesn't allow any laws to be applied and you have 40.000 hostile occupation troops around you?

Now ECHR has a conviction that it is the GC side that does not want the solution of Cyprus problem.

Thats part of your dream.

Turkey is guilty for illegally occupying part of Cyprus. It is as guilty today as it was in 1974. Loizidou case, this case now, and the 1000s more that will follow prove this.

[insan]

The ECHR said that Loizidou should be allowed to peacefully enjoy her property, something that is obviously not possible unless Turkey ends her illegal occupation. How can you enjoy your property when the occupation doesn't allow any laws to be applied and you have 40.000 hostile occupation troops around you?

All Cypriots including 600+ GCs and pre-74 TC inhabitants of North enjoy their properties in North peacefully. In South there are not only 21.000 illegal and "hostile" troops but also 40.000 illegal and "hostile" reservists. Why don't you complain about the illegal troops and reservists in South? Because they are Greek descendant?

Thats part of your dream.

Turkey is guilty for illegally occupying part of Cyprus. It is as guilty today as it was in 1974. Loizidou case, this case now, and the 1000s more that will follow prove this.

That's your fictitious day-dream. Neither mutually ratified agreements nor UN resolutions define Turkey as an occupier. The ongoing defacto situation is the consequence of inter-communal violence, coup d'etat, Greek attempt to invade Cyprus and the ongoing negotiations for 30 years. Turkey has always made it clear that she'll withdraw her troops when a permanent solution is found to Cyprus problem.

[metecyp]

All Cypriots including 600+ GCs and pre-74 TC inhabitants of North enjoy their properties in North peacefully

You conveniently forgot about a large chunk of the equation. What about (200.000-600) GCs who cannot enjoy their properties and what about approximately half of TCs and 80.000+ settlers who enjoy someone else's property in the north? Who are we trying to fool here? Besides, can you really say 600+ GCs are enjoying their property in the north? Even the Maronites in the north could not fully enjoy their properties/land until recently.

That's your fictitious day-dream. Neither mutually ratified agreements nor UN resolutions define Turkey as an occupier

Come on....every EHRC decision about north Cyprus finds Turkey guilty, not TRNC because according to them, there's no such thing as TRNC. They believe that Turkey is fully responsible on what happens in the north and it's true. So if Turkey is fully responsible in the north, that means Turkey is the one that doesn't let GCs enjoy their properties in the north, then what does that make Turkey? A peaceful loving neighbor?

I'm not trying to put all the blame on Turkey. I realize that GCs also share the blame whether they accept it or not. But the fact is you can't justify not letting someone to enjoy his/her property by simply saying "there's no solution yet" or "they refused the Annan plan that enabled them to get their property so it's not our fault"