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[insan]

ECHR BLOG: Violation of Roma Right to Education - [ Bu sayfanın çevirisini yap ]Greece, that the treatment of a group of Roma school children by the Greek authorities violated Article 14 ECHR (prohibition of discrimination) taken ...
echrblog.blogspot.com/2008/06/violation-of-roma-right-to-education.html

[insan]

WorldWide Religious News-ECHR convicts Greece for violating ... - [ Bu sayfanın çevirisini yap ]WorldWide Religious News is a non-profit service that has been providing the international academic and legal community (as well as various government ...
www.wwrn.org/article.php?idd=22134&sec=33&con=51

[christos1]

ECHR orders Turkey to pay compensations in Demades vs Turkey case
23 April, 2008
http://www.greekembassy.org/embassy/Con ... icle=23468
The European Court of Human Rights (ECHR) on Tuesday ordered Turkey to pay 835,000 euro to Greek Cypriot refugee Ioannis Demades within three months for the loss of use of his property in the northern coastal town of Kyrenia, which has been occupied by Turkish troops since the Turkish invasion in 1974.

The Fourth Section of the ECHR ordered Turkey to pay the plaintiff in the case of Demades vs Turkey the following comprehensive sums within three months from now: 785,000 euro in pecuniary damages, 45,000 in non-pecuniary damages, and 5,000 in costs and expenses.

The Court 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.

Its findings of these violations were based on the fact that as a consequence of being continuously denied access to his land since 1974 the applicant had effectively lost all access and control as well as all possibilities to use and enjoy his property.

''He is therefore entitled to a measure of compensation in respect of losses directly related to this violation of his rights as from the date of deposit of Turkey's declaration recognizing the right of individual petition, namely January 1987 until the present time'', the decision says.

The Court stresses that the applicant cannot be deemed to have lost entitlement to his property.

Displaced Greek Cypriots like the applicant cannot be deemed to have lost entitlement to their property, and compensation to be awarded by this Court in such cases is confined to losses due to the denial of access to and loss of control, use, and enjoyment of his property, the decision adds.

John Demades, who passed away in 2006, submitted his application against Turkey in 1990. His heirs continued to pursue the application after his death.

The decision was held by six votes to one. The Turkish Cypriot judge, representing Turkey, voted against the decision.

Greek Cypriot lawyer Achilleas Demetriades described the Court's decision as very important, saying that the decision reaffirms that the Greek Cypriots are the sole owners of their properties in the Turkish occupied areas.

He added that the Court's decision is important since it gives an estimation of the cost of occupation of the Greek Cypriot properties in Kyrenia.

Demetriades noted that in case Turkey does not pay the compensation in three months, it will be charged with an additional 8% interest per year.

Demades' home, a two story house with a garden near the sea, is now occupied by a Turkish high ranking army official. The whole area around the house is a Turkish military zone.

The Greek Cypriot lawyer expressed the view that the Demades case signals the end of the first round of cases:

"By this I mean that the Demades case is the third successful case dealing with compensations from Turkey in matters of property rights. The first case was the Loizidou case when the right of property was secured, the second was the Xenidi-Aresti case when the cost of occupation in the fenced off city of Famagusta was determined, and the third is the Demades case which determined the cost of occupation in Kyrenia".

Thirty-two petitions of Greek Cypriot refugees against Turkey have been accepted by the Court and will be examined soon.

Eight more applications will follow, which, according to Demetriades, are considered as pilot cases which may determine the future of the so called compensation committee. This committee has been set up in the Turkish occupied areas of Cyprus, and it hopes to become an effective domestic remedy for Greek Cypriots, who must first apply with regards to claims on their property.

Apart from the above cases, 1.500 additional petitions are pending before the ECHR. The Court decided to freeze them in view of the decisions to be taken regarding the eight pilot cases, Demetriades said.

Cyprus has been divided since 1974 when Turkey invaded and occupied its northern third.

[insan]

Athens to appeal ECHR ruling in favor of Turkish minority ...Athens to appeal ECHR ruling in favor of Turkish minority ... Greek Foreign Minister Dora Bakoyannis stated at a press conference that Greece would appeal ...
www.ashabilyemin.com/athens-to-appeal-e ... 95635.html

[christos1]

European Court of Human Rights: Human Rights - Rulings Against Turkey

To link to this article, copy this persistent link:
http://www.loc.gov/lawweb/servlet/lloc_ ... 3_521_text

(Jul. 02, 2008) On June 24, 2008, the European Court of Human Rights (ECHR) issued two judgments against Turkey. The judgments involve two cases, Isaak v. Turkey and Solomou v. Turkey. The facts of the case of Isaak v. Turkey involve the 1996 death of a 25-year-old Greek Cypriot who participated in a demonstration against the Turkish occupation of the northern part of Cyprus. According to his family's accounts and eyewitnesses' statements, the victim was repeatedly kicked and beaten by Turkish and Turkish-Cypriot policemen. The Government of Turkey argued that Isaak died because of a clash between Greek-Cypriot and Turkish-Cypriot demonstrators.

The second case involved the death of another Greek Cypriot, Solomos Solomou, who was also killed by Turkish-Cypriot authorities. Solomou, after participating in the funeral of the first victim, entered the buffer zone where Isaak was beaten to death and climbed a flagpole that bore the Turkish flag. Turkish policemen shot Solomou immediately. The Turkish government argued, however, that the victim was hit in cross-fire between the two communities.

The ECHR, based on the facts of the two cases and the evidence submitted by the parties, noted that the victims had voluntarily entered the buffer zone but they were unarmed and had not attacked anyone. Therefore, the ECHR determined, the victims' deaths were not necessary in order to defend "any person from unlawful violence." The ECHR did not accept the argument that the deaths were necessary measures to suppress violence due to the demonstrations. The ECHR noted that the first victim, Isaak, was beaten severely and there was no attempt to capture him. In the case of Solomou, the ECHR emphasized that he was the only protester who crossed the cease-fire line and he did not carry any weapons.

Therefore, the ECHR concluded that both victims had been killed by agents of the Turkish government and their use of force was incompatible with article 2 of the European Convention on Human Rights and Fundamental Freedoms. This article provides for the right to life. The Court also noted that the Turkish government failed to investigate the circumstances of the incidents and has not brought to justice the perpetrators of these acts, in violation of article 2.

Based on article 41 of the Convention on just satisfaction, the Court awarded €80,000 (about US$126,000) to Isaak's widow in pecuniary damages and €35,000 in non-pecuniary damages to his widow and parents. It also awarded €15,000 to Isaak's children. Solomou's father received €35, 000 and the victim's children €15,000. The applicants also received €12,000 for costs and expenses. (Judgment of Isaak v. Turkey (application no. 44587/98) and judgment of Solomou v. Turkey (application no. 36832/97), in Press Release, European Court of Human Rights Press and Information Office, Two Chamber Judgments Concerning Turkey (June 26, 2008)

[insan]

Macedonian Human Rights Movement International - [ Bu sayfanın çevirisini yap ]EBLUL Calls on Greece to Respect ECHR's Decision on the Home of Macedonian ... To immediately and unconditionally respect ECHR's decisions regarding Greece, ...
www.mhrmi.org/news/2005/may17_e.asp

[christos1]

Yilmaz v Turkey [2007] ECHR 17721/02 (5 June 2007)


The European Court of Human Rights has held that serious allegations of torture or other cruel, inhuman or degrading treatment or punishment must be the subject of expeditious, effective and independent investigation. It has further held that evidence of ill-treatment, particularly of persons in custody, will give rise to a rebuttable presumption that the ill-treatment occurred and shift the burden to the state to provide a ‘plausible explanation’ as to the injuries.

http://www.hrlrc.org.au/html/s02_articl ... _top_id=63

[insan]

UNHCR | Refworld | Human Rights Watch World Report 1999 - Greece - [ Bu sayfanın çevirisini yap ]Similarly, in February, the court found that Greece had violated article 9 (freedom of religion) of the ECHR by unjustly convicting Protestants for ...
www.unhcr.org/refworld/publisher,HRW,,G ... b78,0.html

[insan]

ECHR convicts Greece for violating religious rights. New Anatolian (14.07.2006) / HRWF Int. (17.07.2005) - Website: http://www.hrwf.net - Email: ...
www.hrwf.net/religiousfreedom/news/2006 ... 202006.doc

[christos1]

Greek Cypriot Titina Loizidou, a refugee who was prevented from returning
home by Turkey. More than four years ago, Loizidou won a lawsuit against Turkey before the European Court
of Human Rights (ECHR).

http://209.85.129.132/search?q=cache:mh ... =firefox-a