Cyprus-Forum.com

[CBBB]

ECHR makes landmark ruling on Greek property in Istanbul
By Charles Charalambous
(archive article - Wednesday, September 30, 2009)

THE EUROPEAN Court of Human Rights (ECHR) yesterday upheld the right of Greek nationals to inherit property in Istanbul, which is denied under Turkish law.

The ruling on a case brought in 2002 by Ioannis and Evangelos Fokas – two brothers from Katerini in Macedonia, Greece – relates to three apartment blocks left to them by their sister, Polyxeni Pistika, who lived in Istanbul.

The court found that current Turkish law, which denies any person not holding Turkish nationality the right to inherit property in Turkey, violated the plaintiffs’ right to “peaceful enjoyment of their property”. The ECHR also found Turkey guilty of racial discrimination on the grounds of the plaintiffs’ ethnic origin and religion.

The plaintiffs were represented by three lawyers: one Greek, one Turkish, and Greek Cypriot, human rights lawyer Achilleas Demetriades.

Since Pistika had herself inherited the three apartment blocks from her parents, Demetriades said yesterday that “this ruling essentially opens the way for anyone with inheritance rights in Istanbul, at least, to register a claim on property previously owned by their parents or grandparents.”

The two plaintiffs are also claiming €19 million in damages from the Turkish state for being deprived of use of their property. If the Turkish government refuses to pay this amount, there is a second claim for €5.5 million, equivalent to the estimated value of the property.

A crucial component of the plaintiffs’ case was the argument made in the successful application to the ECHR made by Greek Cypriot Titina Loizidou, which clearly established the inalienable right of refugee property.

Demetriades said that the Loizidou ruling established the notion of continued violation. “Despite the fact that a state in its own opinion takes possession of a property, this seizure is not legal; and since it is not legal, and the court confirms this, then the plaintiff is entitled to be compensated for income he has been deprived of.”

If Turkey does not appeal against the ECHR ruling within three months, then the court will award damages.

Copyright © Cyprus Mail 2009

http://www.cyprus-mail.com/news/main.ph ... &archive=1

[paliometoxo]

i doubt it would be ncie for the greeks but i doubt they will. its been so many years later and thw world recognises it as istanbul now

[Oracle]

Methinks the Turks will start another Pogrom ...

[YFred]

What kind of a Program were you thinking of? Perhaps a Eurovision song contest?
Did anybody answer if Turkish Nationals can own property in Greece BTW?

[CBBB]

What kind of a Program were you thinking of? Perhaps a Eurovision song contest?
Did anybody answer if Turkish Nationals can own property in Greece BTW?

Greece is a European country (unlike Turkey), so of course they can.

[Oracle]

There's loads that do in Rhodes, at least.

[insan]

The European Court will open the road for thousands of Greeks, who have lost the right over their properties in Istanbul, to get them back. The whole story began few years ago when the Fokas brothers, Yoanis and Evangelos Fokas, decided to turn to the human rights European Court with a plead for Turkey to allow them to inherit their sister Polixeni Foka-Pistika. As Ta Nea newspaper writes the two brothers are living in the Greek city Katerini and their sister was adopted in 1954 by Pistikas family, who were members of the Greek community in Istanbul. Because of a secret presidential bill from 1964, all properties owned by Greek citizens in Turkey, are being tied down and so Polixeni Pistika’s brothers lost their right to inherit her properties when she died two years ago - the same way that she could not inherit her parents.

Polixeni has left a lot of inheritance – two seven story buildings in one of the most famous neighborhoods in Istanbul – Taxim. At the beginning the Turkish court had decided Polixeni cannot inherit her adoptive parents, because she was not a Turkish citizen. After her death, her brothers filed a complained to be recognized as heirs but the Istanbul and Ankara courts denied the plead. As a result in March 2002 the two brothers turned to the human rights European Court.

Yesterday the case ended in favor of the Fokas brother and their lawyer Achileas Dimitriadis said for Kathemerini newspaper that this ruling is extremely important, because it gives a precedent and “many Greeks, who are not Turkish citizens and have not had the right to inherit properties, will not have the opportunity to ask for what belongs to them.”

Greek foreign minister Dora Bakoyanni says that this and other similar cases, are success for Greek foreign diplomacy. She also said that “the ruling of the human rights European Court regarding the Fokas case against Turkey is important, because it stresses on the violation of Ch.1 of the First Additional Protocol in the contract for protecting property rights.”

Yesterday’s ruling did not sentence only Turkey for violating human rights regarding the Fokas case but it also limited Turkey’s right to file an appeal, noted Ta Nea newspaper. This ruling has a significant meaning, because it is expected that in October the report for the achieved progress with Turkey will come out and on the other hand until December Turkey needs to recognize the existence of the Republic of Cyprus and to open its ports and airports for Cyprian ships and airplanes.



01.10.2009
http://www.xpatathens.com/news/20693

[YFred]

What kind of a Program were you thinking of? Perhaps a Eurovision song contest?
Did anybody answer if Turkish Nationals can own property in Greece BTW?

Greece is a European country (unlike Turkey), so of course they can.

That's good, cause when Turkey gets in to EU, Greeks will too. Until then they can carry on licking their chops.

[paliometoxo]

greeks will to? they are already in eu.... i really doubt turkey will get in eu but it would be a very good thing if they did join espesially being the first non christian group thast will come and try change the eu laws

[CBBB]

What kind of a Program were you thinking of? Perhaps a Eurovision song contest?
Did anybody answer if Turkish Nationals can own property in Greece BTW?

Greece is a European country (unlike Turkey), so of course they can.

That's good, cause when Turkey gets in to EU, Greeks will too. Until then they can carry on licking their chops.

As I said, Greece is a European country, Turkey isn't. No chance of joining the EU then.