THE EUROPEAN Court of Human Rights (ECHR) has rejected Turkey’s demand that 35 cases regarding Greek Cypriot properties in the occupied north be examined by the Turkish Cypriot property commission, it emerged yesterday.
The cases will now be examined by the ECHR, which will decide on compensation for loss of use since the 1974 Turkish invasion and occupation of the northern third of the island.
These are the last property cases the ECHR will examine.
The rest, if any, would have to go to the Immovable Property Commission (IPC) set up by Turkey and recognised by the ECHR in March as a domestic remedy for such cases.
As a result of the landmark ruling, Greek Cypriot refugees seeking compensation or restitution for their properties in the occupied areas will now have to exhaust all domestic remedies in the occupied areas before applying to the ECHR in Strasbourg.
The IPC has set December 2011 as the last date for accepting such applications from Greek Cypriot refugees who have been told by the government not to apply.
“If the Cyprus problem is not solved by December 2011, there will be a huge dilemma for people who are affected by the Turkish invasion as regards their property because they must decide to seek recourse at this commission,” human rights lawyer Achilleas Demetriades said.
But Demetriades suggested that the Greek Cypriot side could call Turkey’s bluff regarding the IPC.
“If the Turkish Republic is serious about this remedy and people with property in the (enclosed city of) Varoshia appeal en masse, what would Turkey’s excuse be for not allowing to return?” Demetriades said. “That way we will call Turkey’s bluff.”
http://www.cyprus-mail.com/cyprus/last-35-property-cases-echr/20100529