Cyprus-Forum.com

[halil]

A case concerning property owned by a Turkish Cypriot Foundation in South Cyprus has been taken to the European Court of Human Rights. The case concerning 20 homes, owned by the Hatice and Sıddıka Hanımlar Foundation, founded by two Turkish Cypriot sisters from Larnaca in 1919, was filed at the ECHR in the past week by TC lawyer Metin Kemal Balcı and Greek Cypriot Lawyer Ahilleas Dimitriadis.

17 of the 20 homes are located in one of the most prominent areas of Larnaca while the remaining 3 homes are in South Nicosia.

The Greek Cypriot Administration which has been renting out the homes had turned down an application by TC Şermin Kemal for the trusteeship of the properties on the grounds that she was not living in South Cyprus.

The case first filed at the Greek Cypriot court in 2005 was carried to the ECHR last week after the exhaustion of all domestic remedies.

Speaking to the Bayrak Television, the TC lawyer overseeing the case Kemal Balcı said that the case was about the non-recognition of a TC's property rights in South Cyprus because she did not live there.

He said that the Greek Cypriot Administration only returned ownership of properties on the condition that its rightful owners re-settled in South Cyprus, a condition he added was not logical or right.

“A Maronite living in the TRNC is able to own property in the South but a TC's can’t. In addition a Greek Cypriot, Maronite or British citizen living in the TRNC can obtain rent from properties in the South” Balcı pointed out.

Drawing attention to the trusteeship Law in South Cyprus, Balcı claimed that the restrictions imposed on the TTurkish Cypriots in the law were discriminatory and violated the European Convention of Human Rights.

“This case will set a precedent because most of practices concerning TC' property in South Cyprus are being based on this law” he added.