Cyprus-Forum.com

[YFred]

Who was it that said there was no such remedy in the north? And its damn sight quicker too. No need to live there six months either. Interesting precedent me thinks.

ECHR approves £1.5 million payout by Turkey for seized property
By Stefanos Evripidou

THE EUROPEAN Court of Human Rights (ECHR) yesterday endorsed a friendly settlement reached between Greek Cypriot Andromachi Alexandrou and Turkey, with the latter agreeing to return part of her property in the occupied north along with £1.5m sterling.

Alexandrou and two of her children took their cases to the ‘immovable property commission’ in the north, which provided for the restitution of part of the property and the payment of £1.5m as compensation in lieu of other properties as well as for loss of use.

Attorney-general Petros Clerides said yesterday the ECHR decision did not mean recognition of the ‘property commission’ as the court made no judgement on “its legality or effectiveness”. It simply ratified the settlement with Turkey after concluding that none of Alexandrou’s rights were being violated and “since she accepted this compromise”.

As a result a case filed by Alexandrou at the ECHR against Turkey for violations of her rights concerning her land has been withdrawn.

“This is Turkey trying to show that it returns properties back to their owners, something which it has not done so far,” said Clerides.

Turkey is keen to prove that the ‘property commission’ in the north is a viable local remedy for Greek Cypriot refugees pursuing their property rights. The ECHR will examine the validity of this commission this November in eight test case applications by Greek Cypriot refugees against Turkey. The ECHR only examines cases after all local options have been exhausted.

Clerides also noted that even if part of Alexandrou’s property was returned there are still hundreds of thousands of Greek Cypriots who have lost their properties and have not had their rights restored.

He highlighted that only part of Alexandrou’s land would be returned to her, not all, while there were no indications that she would have the right to go and live in her property or use it as she wishes.

“It doesn’t mean because part of her land is returned, the ‘commission’ is legal or effective,” he added.

Former Attorney-general Alecos Markides said the case was nothing new but a repeat of last year’s case involving Greek Cypriot refugee Mike Tymvios, who also reached a friendly settlement with Turkey regarding his land in the north.

In that case, the Republic of Cyprus fought hard for the Court not to accept the settlement and lost, he said.

The former top legal chief said there was no question of recognition of the ‘commission’ since the Court was simply asked by the plaintiff to withdraw her case against Turkey.

The decision would have no effect on the eight test cases due in November, he said. It may not be a good thing to hear from the point of view of the citizens but it shouldn’t be blown out of proportion, he added.

AKEL’s Aristophanes Georgiou, head of the House Refugee Committee, agreed that the legality of the ‘property commission’ had yet to be judged, but noted that greater use of it would be worrying. DIKO spokesman Fotis Fotiou said he was “very afraid that others might follow suit”.

Alexandrou, who owned 109 plots of land in Kyrenia, filed a case against Turkey in 1990 for being refused access to her properties as a result of the invasion and continued occupation of her land.

Last year, she also filed an application with the ‘property commission’ in the north, seeking compensation to the tune of €10m for the loss of use of 63 plots of land. Last April, two of her children filed for compensation for 11 plots.

The ‘commission’ ordered the restitution of one of the properties claimed by the applicant’s children and invited the north’s ‘ministry responsible for housing affairs’ to pay the applicants£1.5m Sterling as compensation in lieu of the properties as well as for loss of use.

The immovable property to be returned “within a reasonable period of time” is in Vasilia village in the Kyrenia district. Once the case against Turkey is struck off the register, Alexandrou and kin should theoretically receive the cash. The latter expressed their “full satisfaction with this remedy” to the Court, thereby giving up their rights to seek any damages from Turkey in the future.
Copyright © Cyprus Mail 2009

[Get Real!]

You haven't read the whole article...

[DT.]

You haven't read the whole article...

Yfred has a knack of shooting himself in the foot. Surprised he can still walk around.

[YFred]

You haven't read the whole article...

Yfred has a knack of shooting himself in the foot. Surprised he can still walk around.

RoC lost this case. What more do we need in life? Rome wasn't built in a day, nor was Istanbul.

[Get Real!]

You haven't read the whole article...

Yfred has a knack of shooting himself in the foot. Surprised he can still walk around.

RoC lost this case. What more do we need in life? Rome wasn't built in a day, nor was Istanbul.

It wasn't an RoC case... tell your mum to take you to McDonalds and leave you at the playground.

[YFred]

You haven't read the whole article...

Yfred has a knack of shooting himself in the foot. Surprised he can still walk around.

RoC lost this case. What more do we need in life? Rome wasn't built in a day, nor was Istanbul.

It wasn't an RoC case... tell your mum to take you to McDonalds and leave you at the playground.

Dream on old boy. RoC opposed anybody and drove some people to bunkraptcy when they attempted to go to the IPC commision in the north.
Are the RoC celebrating that decision today?

[Get Real!]

RoC opposed anybody and drove some people to bunkraptcy when they attempted to go to the IPC commision in the north.

Had the RoC "opposed" anybody there wouldn't have been a single case presented there in the first place!

[YFred]

RoC opposed anybody and drove some people to bunkraptcy when they attempted to go to the IPC commision in the north.

Had the RoC "opposed" anybody there wouldn't have been a single case presented there in the first place!

This makes very intersting reading then.

Turkey says Cyprus violating human rights of Greek Cypriot refugee
By Jean Christou
(archive article - Sunday, February 17, 2008)
TURKEY has denounced Cyprus to the European Court of Human Rights (ECHR) over the government’s alleged persecution of a Greek Cypriot who reached a controversial land deal with the property commission in the north.

According to a report in Politis yesterday, Turkey sent a letter to the ECHR on January 30 complaining that Cyprus was violating the human rights of Mark Tymvios.

Bankrupt Tymvios has agreed to a land swap with a Turkish Cypriot who owns property in the south, after applying to the Turkish Cypriot property commission.

He said earlier this week that since the land swap had been made public, the government had been doing all in its power to stop the deal going ahead.

A decision by the ECHR on whether the property commission constitutes an adequate means of friendly settlement in a dispute is still pending.

If the ECHR finds in favour of the friendly settlement, the decision will affect all Greek Cypriot refugee applications before the European Court, and throw into doubt the future of the Guardianship of Turkish Cypriot properties in the south.

In an attempt to stave off a negative decision, the Official Receiver who is administrating the liquidation of Tymvios’ estate, told the ECHR in a letter last month that the Greek Cypriot refugee did not have the right to dispose of property within his bankrupt estate.

Tymvios also said the government sold a property of his in the south of the island for less than the market value. It was sold a week later on the market for hundred thousands of euros more than went to offset the bankruptcy.

In its letter to the ECHR, Turkey said the actions of the Cyprus government were not compatible with human rights.

Ankara also asked the court for quick ratification of the “friendly settlement” as soon as possible, and the legalisation of the property commission, Politis said.

“Beyond the individual punishment [of Tymvios], the pressure being put on him is designed to discourage others from applying to the property commission,” the letter said.

“The Turkish authorities request that the intervening party [the Cyprus Republic] immediately stop its interventions and pressure on Mr Tymvios and on any potential applicants to the commission and prove its respect for the process established in previous cases.”
Copyright © Cyprus Mail 2009

[Oracle]

Surely contracts signed under duress ... i.e. Turkey pointing 43,000 troops at this poor woman ... are worthless.

So she can take the money, and later take her property back when the Turks are gone.

[shahmaran]

As if