Viewpoint wrote:
Here is something more to laugh about...but can't help wondering the nervousness of the laugh...
anyway laughing boy here are more good news for you...
Biggest property compensation yet
Biggest penalty yet for Turkish property violations
By Philippos Stylianou
THE European Court of Human Rights this week ordered Turkey to pay the heaviest penalty yet for violating the property rights of Greek Cypriot refugees, while categorically stating that the latter remained the lawful owners of the property.
In awarding έ835,000 to Kyrenia refugee John Demades, the Strasbourg-based court made abundantly clear that the damages ordered by the court to Cypriot refugees are only for the loss of use and enjoyment of their properties and do not affect their ownership rights.
Moreover, being still the rightful title-holders of the property, successful ECHR applicants are entitled to more money from Turkey for as long as this country refuses to return their property to them, it emerged after the decision.
Last year the ECHR awarded έ875,000 in the Xenides-Aresti case for property in the fenced city of Famagusta, while in the landmark 2003 case of Titina Loizidou, which set the property bomb off for Turkey, the award was £640,000 for the applicant’s house in Kyrenia.
Human Rights lawyer Achilleas Demetriades who represented all three applicants at the ECHR described the latest development as one of huge importance.
Comply
"These damage awards, which I am sure Turkey will have to comply with at the end, show that what we have since 1974 it is not only a violation of human rights on paper but in practice as well," Demetriades told a press conference in Nicosia and added: "The property right of the Greek Cypriots has not only been safeguarded but evaluated also and everyone can manage it as they like, either by going to court or otherwise. The fact that we offer a choice to the individual makes up the success story of this trilogy of cases."
Demetriades explained that the Demades award was proportionally the highest so far, since the final amount paid to Loizidou carried a 5% interest over the years Turkey had refused to comply with the court decision, augmented by 3% penalty.
Also, the Xenides-Aresti property in Famagusta comprised besides a house another plot as well, while the Demades property was just a house with a garden.
Moreover, Demetriades stressed the fact that the Demades case is the first to be won involving refugee property, which is being used by the Turkish occupation army.
Exclusive
The house is situated close to the sea in the Rock Ruby bay now forming an exclusive retreat for Turkish military top brass (See Google Earth map).
The Court in the Demades case awarded έ785,000 in pecuniary damages for the loss of use and enjoyment of the property, έ45,000 in non-pecuniary damages for the distress, anguish and frustration the applicant suffered in being deprived of his property, and έ5,000 in costs and expenses.
Unfortunately, Ioannis Demades himself did not survive to rejoice in his vindication, having passed away in September 2006. The case was pursued by his heirs, wife Roula Demades, son Demetris and daughter Anna Demades Gavrielides.
The ECHR took its cue to stress the continuing ownership right of the Greek Cypriot refugees from an attempt on the part of the Turkish government to include the market value of the land in its evaluation of the property.
"In this regard the Court reiterates its finding in Loizidou, Cyprus v. Turkey and Xenides Aresti v. Turkey, that displaced Greek Cypriots, like the applicant, cannot be deemed to have lost title to their property and that the compensation to be awarded by this Court in such cases is confined to losses emanating from the denial of access and loss of control, use and enjoyment of his property," this week’s decision said.
The Court based its pecuniary damages award on the Greek Cypriot side’s evaluation of Demades’ property, dismissing that of the Turkish Cypriot side’s which put the value of the property at only £258,053.
Demetriades publicly thanked real estate valuer Andreas Pantazis for preparing the accurate evaluation report.
What was presented at Strasbourg as the Turkish government’s property evaluation was prepared by the so-called "Immovable Property Commission" and bore the stamp of the "TRNC Ministry of the Interior."
Commenting on this, Demetriades recalled that the ECHR considers the occupation regime as a subordinate authority of Turkey in northern Cyprus.
In the Demades decision, the Court referred again to the "Immovable property commission" rejecting the Turkish government’s request to refer the case to that commission.
The Court reiterated its position in the previous Xenides-Aresti case in which it had stated that the proceedings of the case were too far advanced to consider such a likelihood.
Compensation
Responding to questions, Demetriades said that the issue of the so-called ‘compensation commission’ would be decided in 8 cases that had been designated as pilot ones by the ECHR.
Turkey has now three months within which to appeal the ECHR ruling on the Demades case, after which it will be compelled to pay the damages awarded.
According to Demetriades, Turkey is obliged to keep paying successful ECHR applicants for the loss of use and enjoyment of their properties for as long as it refuses to return them to their rightful owners.
The assessment of the money payable as well as the mode of payement are left to the Committee of Ministers of the Council of Europe which monitors the implementation of ECHR decisions.
Do I hear you want links?
here you go laughing boy
[url]http://www.cyprusweekly.com.cy/default.aspx?FrontPageNewsID=304_1[/url
knock yourself out
