Cyprus-Forum.com

[Viewpoint]

By Jean Christou

THE EUROPEAN Court of Human Rights (ECHR) has endorsed a friendly settlement between Turkey and Mike Tymvios, a Greek Cypriot who swapped land with a Turkish Cypriot through the property commission in the north.

It is not clear yet, since the full decision has not been released, whether the ECHR has merely ratified the Tymvios deal in isolation, or whether the Court endorses the controversial Turkish Cypriot property commission as a means other Greek Cypriot refugees could use. If so, new Greek Cypriot applications to the ECHR could be affected.

In itself the Tymvios case has implications for the Guardianship of Turkish Cypriot properties in the south since the swap involves a large tract of land in Larnaca. Another complication arises from the fact that the Larnaca property contains two schools, residential homes and businesses.

“The European Court of Human Rights has accepted the friendly settlement,” said Yiannakis Erotokritou, lawyer for Tymvios.

Erotokritou said he had not yet received the written text but had received unofficial confirmation by phone that the deal between Tymvios and Turkey had been ratified by the ECHR.

“This means the friendly settlement has to be applied and Mr Tymvios will take $1 million in compensation, and the land in Larnaca,” said Erotokritou.

Government Spokesman Stefanos Stefanou said the Greek Cypriot side was aware of the decision. “But we have to see it,” he said. “We got the information but we are waiting for the written text before making a statement.”

But state television CyBC quoted government sources last night as saying it was a negative development.

In the north, Sumer Erken, the administrator of the Turkish Cypriot property commission, said: ‘We are very happy. This is an important decision for us and it’s what we expected.”

Lawyer Achilleas Demetriades, who has a number of Greek Cypriot refugee cases pending before the ECHR, said he did not see any implications for existing cases.
He said he would have to read the full text before drawing conclusions but if there was a decision as regards the property commission that would be “an issue”. If not: “In my view it doesn’t affect pending cases.”

“We can’t comment until we see the text,” Demetriades added.

The previous Cyprus government tried hard in recent months to block the friendly settlement secured by Tymvios.

It was bankruptcy that led him to resort to the property commission when he failed to secure a loan guarantee from the government on his property in the north. He was told repeatedly it was worthless as far as his estate was concerned.

In an attempt to stave off a negative decision at the ECHR, the Official Receiver of the Republic, who is administrating the liquidation of Tymvios’ assets, told the ECHR that Tymvios did not have the right to dispose of property within his bankrupt estate.

The attempt failed. (Additional reporting by Simon Bahceli)



Copyright © Cyprus Mail 2008

[paaul12]

The attempt failed

[Jerry]

Looks like the ECHR have been busy lately:-

ECHR - TURKEY - DEMADES

The European Court of Human Rights (ECHR) ordered Turkey on Tuesday to pay within three months 835,000 euros to Greek Cypriot refugee Ioannis Demades for the loss of use of his property in the northern coastal town of Kyrenia, occupied by Turkish troops since the Turkish invasion in 1974.

The Fourth Section of the ECHR ordered Turkey to pay the applicant in the case Demades vs Turkey within three months from now the following comprehensive sums: 785.000 euro in respect of pecuniary damage, 45.000 in respect of non – pecuniary damage and 5.000 in respect of costs and expenses.

The Court recalled that in its principle judgment it found Turkey guilty of continuous violations of the European Convention of Human Rights by reason of complete denial of the rights of the applicant with respect to his home and the peaceful enjoyment of his property in Kyrenia.

[Viewpoint]

[quote="Jerry"]Looks like the ECHR have been busy lately:-

ECHR - TURKEY - DEMADES

The European Court of Human Rights (ECHR) ordered Turkey on Tuesday to pay within three months 835,000 euros to Greek Cypriot refugee Ioannis Demades for the loss of use of his property in the northern coastal town of Kyrenia, occupied by Turkish troops since the Turkish invasion in 1974.

The Fourth Section of the ECHR ordered Turkey to pay the applicant in the case Demades vs Turkey within three months from now the following comprehensive sums: 785.000 euro in respect of pecuniary damage, 45.000 in respect of non – pecuniary damage and 5.000 in respect of costs and expenses.

The Court recalled that in its principle judgment it found Turkey guilty of continuous violations of the European Convention of Human Rights by reason of complete denial of the rights of the applicant with respect to his home and the peaceful enjoyment of his property in Kyrenia.

[/quote

Dates? any links?

[humanist]

The ECHR is not worth the space it occupies. How are they going to ensure that Demades gets his awarded amount. Looks to me they'll award Turkey to put more troops on the Island.

[Nikitas]

Humanist,

They have ways of making member countries to pay up. If they do not they face sanctions in the Council of Europe.

Two cases decided today and two decisions came down, one in Tymvio's case which approved the swap deal and the Demades case which found Turkey liable for damages to the Demades family for the loss of the enjoyment of their property. The court also rejected the TRNC evaluations in the Demades case and accepted the family's calculaltions of its loss, it also awarded legal costs.

In both cases Turkey was the defendant.

I hve not seen the text of the cases, but it looks like the ECHR is regarding the swap of properties as a possible settlement if it is voluntary, if the action is for repossession of the land. In cases where the action is for damages for loss peaceful enjoyment of the property, then the swap arrangement is irrelevant, the the plaintiff gets cash and still retains the title to his land.

The decisions put the property issue in a new light. The human right of property ownership and enjoyment cannot be taken away by anyone for any reason and personally I think it cannot be taken away even if there is a political settlement.

[Viewpoint]

Humanist,

They have ways of making member countries to pay up. If they do not they face sanctions in the Council of Europe.

Two cases decided today and two decisions came down, one in Tymvio's case which approved the swap deal and the Demades case which found Turkey liable for damages to the Demades family for the loss of the enjoyment of their property. The court also rejected the TRNC evaluations in the Demades case and accepted the family's calculaltions of its loss, it also awarded legal costs.

In both cases Turkey was the defendant.

I hve not seen the text of the cases, but it looks like the ECHR is regarding the swap of properties as a possible settlement if it is voluntary, if the action is for repossession of the land. In cases where the action is for damages for loss peaceful enjoyment of the property, then the swap arrangement is irrelevant, the the plaintiff gets cash and still retains the title to his land.

The decisions put the property issue in a new light. The human right of property ownership and enjoyment cannot be taken away by anyone for any reason and personally I think it cannot be taken away even if there is a political settlement.

If both sides agree to exchange end of story, rubber stamped by the ECHR.

[paaul12]

Humanist the professor wrote:

The ECHR is not worth the space it occupies. How are they going to ensure that Demades gets his awarded amount. Looks to me they'll award Turkey to put more troops on the Island.

You are only saying that because you don’t like what the ECHR has ruled:lol:

[Nikitas]

You said it VP, if BOTH sides AGREE, if one side does not agree then it is back to the court to settle the issue of property restitution and damages for deprivation of enjoyment of that property. The cases are not decided on one single right of property but on a collection of rights which include ownership, possession, peaceful and unfettered enjoyment of the property. Deprivation of access for 34 years is definitely prevention of peaceful enjoyment of property.

In some cases, one of which involved the Athens borough I live in, the court went as far as deciding that the compensation offered under an agreement between the owner and the municipality was not enough. The sequestration of the property, even if it was done for a public works scheme, was not lawful. In that case it tripled the compensation originally offered to the owner.

[Viewpoint]

You said it VP, if BOTH sides AGREE, if one side does not agree then it is back to the court to settle the issue of property restitution and damages for deprivation of enjoyment of that property. The cases are not decided on one single right of property but on a collection of rights which include ownership, possession, peaceful and unfettered enjoyment of the property. Deprivation of access for 34 years is definitely prevention of peaceful enjoyment of property.

In some cases, one of which involved the Athens borough I live in, the court went as far as deciding that the compensation offered under an agreement between the owner and the municipality was not enough. The sequestration of the property, even if it was done for a public works scheme, was not lawful. In that case it tripled the compensation originally offered to the owner.

Opens another avenue to refugees to settle their land issues, GCs and TCs will get together and agree exchanges and the "RoC" cannot stop them, the snow ball will then start to roll, the people woudl have resolved what the politicians have been unable to do for 45 years.