For rent to the Turkish army: desirable summer house in Kyrenia
THE FORTY-seven members of the Council of Europe received a rather unconventional document last week, a contract addressed to Turkey seeking money for the rent of a single property in occupied Kyrenia.
The contract was sent by human rights lawyer Achilleas Demetriades, no stranger to pushing the envelope, and comes on the back of the European Court of Human Rights (ECHR) ruling in Demades v Turkey on April 22, 2008.
In that ruling, the ECHR ordered Turkey to pay €830,000 to John Demades, represented by Demetriades, for the loss of use of his property, a summer home in Kyrenia, while clarifying that this did not mean he lost his rights to the property. Demades, who filed the application in 1990, died in 2006. Turkey is expected to pay the compensation to his children.
Two years after the ruling, Turkey has yet to pay up, leading Demetriades to send a letter to the Council of Europe’s Committee of Ministers on February 14, 2011, regarding execution of the judgement. The Committee is responsible for supervising the execution of judgements and the terms of friendly settlements.
The lawyer highlights in the letter that Turkey has neither paid nor restored possession to the late applicant’s children, but instead is actually using the property “rent free” for the purposes of housing its military officers.
He further notes that the property is in a military zone in Kyrenia and as such the Immoveable Property Commission set up by Turkey in the north to deal with Greek Cypriot claims on their properties there has no jurisdiction to restore possession of it.
“Given the above and in the light of the Respondent Government (Turkey’s) stated intention for its military to eventually leave the island, and in an effort to assist the Respondent Government in devising individual measures, I have prepared the attached Tenancy Agreement the terms of which I have been authorised to negotiate,” said Demetriades.
In the letter, Demetriades explains that rent sought is calculated based on the amount awarded by the court in 2008. This was a total of €830,000 for a period of 21 years, namely €39,500 per year, which gives about €3,290 per month. The lawyer has also added an extra six per cent every two years.
After failing to get a response, Demetriades sent another letter on May 31, 2011, asking that the matter be raised at the June meeting of the Committee of Ministers and for Turkey to be requested to explain its inaction.
Given Turkey’s failure to fulfil its obligations, the Committee of Ministers duly distributed the letter to all 47 members of the Council of Europe last week, attached to which is a tenancy contract requiring Turkey’s signature.
In the contract, the executor of the will of John Demades is the landlord, while Turkey through the head of its military forces in Cyprus, Major General Mehmet Daysal is named as the ‘tenant’.
The lease is for a two-storey, five bedroom house situated on Kiniras Street in Kyrenia by the sea. The landlord agrees to let it for a period of ten years and eight months, starting from May 1, 2008 up to December 31, 2018. Rent from May 1, 2008 up to December 31, 2010 amounts to €105,280 and can be paid on signing of the agreement, after which annual rent can be paid in two equal instalments each year, starting from July 1, 2011.
The Turkish Major General can renew or terminate the contract at any time if he gives six months notice. The contract stipulates that the premises can only be used as a dwelling house for high ranking members of Turkish military forces in Cyprus.
While the tenant undertakes to pay any electricity, water and rubbish bills, the landlord is contractually obliged to pay any sewerage rates and expenses. He must also maintain the premises “in good and tenantable order and condition and to proceed with all reasonable speed to effect any necessary repairs”. If he fails to do so, the tenant can make repairs and deduct reasonable expenses from the rent.
To date, Demetriades has received no response from the Turkish army regarding the tenancy agreement.
Speaking to the Sunday Mail, the lawyer explained his philosophy behind such actions: “Turkey say it’s a peacekeeping force. Let’s say they’re right, does that mean they can have our properties rent-free?”
Demetriades, accompanied by a family member of the late Demades, recently visited 35 embassies in Strasbourg to discuss the tenancy proposal. According to the lawyer, the embassies were “very interested” in the idea.
“It’s amazing. It’s been 37 years and no one thought about it.”
He said the aim was to maximise the cost of occupation to Turkey so it either moved into smaller, more affordable properties or withdrew its forces altogether.
http://www.cyprus-mail.com/features/ren ... a/20110619
