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European Court rules on property cases against Turkey

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European Court rules on property cases against Turkey

Postby DT. » Thu Jan 29, 2009 3:12 pm

THE EUROPEAN Court of Human Rights (ECHR) has ruled, by majority vote, that Turkey violates the property rights of eight Greek Cypriots, who own land and immovable property in Turkish occupied Cyprus.

The Court has asked all of the applicants – three from villages in the occupied district of Famagusta on the east and five from villages in Kyrenia district on the north – and the Turkish government to submit, their written observations within three months from the date the Court judgment becomes final.

The Court also held that the heirs to these Greek Cypriots could continue the present proceedings in place of the applicants.

The Court rejected Turkey’s argument that domestic remedies have not been exhausted. Turkey maintains the north’s self-styled property commission is effective domestic remedy for property claims.

In previous judgments, the Court held Turkey responsible for what happens in occupied Cyprus by virtue of the effective control its troops exercise in this part of the country. It described the Turkish Cypriot regime as local subordinate administration to Turkey.

The applicants brought their cases to the Court in May or June 1991, saying that the Turkish military deprives them of their property rights and prevents them from enjoying their property.

The Court found by six votes to one that Turkey has violated Article 1 of Protocol 1 of the European Convention of Human Rights, which secures the right of every person to “the peaceful enjoyment of his possessions.”

The article says, “no one shall be deprived of his possessions except in the public interest and subject to conditions provided for by law and by the general principles of international law.”

Some of these applicants, the Court heard, have made unsuccessful attempts to return to their properties but were prevented from doing so by the Turkish military.

In its judgments, the Court also established by majority vote that there has been violation of Article 8 of the Convention, which provides for the “right to respect for his (a person’s) private and family life, his home and his correspondence.” (CNA)
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Postby RAFAELLA » Thu Jan 29, 2009 3:27 pm

Right on time; now that Talat and Christofias are discussing the property issue.

...anyone to forward this to Talat as a reminder? :)
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Postby CBBB » Thu Jan 29, 2009 3:36 pm

Re DT, I also read this article, but you didn't quote the source and give the URL!!!!

I thought that was the required practice?
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Postby DT. » Thu Jan 29, 2009 3:42 pm

CBBB wrote:Re DT, I also read this article, but you didn't quote the source and give the URL!!!!

I thought that was the required practice?


see that little (cna) on the bottom? (Cyprus News Agency) Anyway it was on cyprus mail
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Postby CBBB » Thu Jan 29, 2009 3:47 pm

DT. wrote:
CBBB wrote:Re DT, I also read this article, but you didn't quote the source and give the URL!!!!

I thought that was the required practice?


see that little (cna) on the bottom? (Cyprus News Agency) Anyway it was on cyprus mail


Oops! Sorry, I missed that. I forgive you.
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Postby DT. » Thu Jan 29, 2009 3:51 pm

CBBB wrote:
DT. wrote:
CBBB wrote:Re DT, I also read this article, but you didn't quote the source and give the URL!!!!

I thought that was the required practice?


see that little (cna) on the bottom? (Cyprus News Agency) Anyway it was on cyprus mail


Oops! Sorry, I missed that. I forgive you.


Thank god, was gonna sleep with my socks on tonight.
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