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ECHR Loss of Use Awards Against Turkey

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ECHR Loss of Use Awards Against Turkey

Postby bill cobbett » Tue Jan 10, 2012 7:41 pm

The ECHR has today awarded huge amounts in compensation for Loss of Use against Turkey to 13 CY applicants.

From the ECHR site...

Lordos and Others v. Turkey (no. 15973/90)
This case concerned the allegation by 13 applicants that the Turkish occupation of the northern part of Cyprus following the 1974 conflict had deprived them of their homes and properties. In its principal judgment, delivered on 2 November 2010, the Court held in particular that there had been a violation of Article 1 of Protocol No. 1 (protection of property) as concerned eight of the applicants and a violation of Article 8 (right to respect for private and family life) as concerned seven of the applicants. In its judgment today the Court awarded each of the applicants between EUR 100,000 and EUR 8,000,000 for pecuniary and non-pecuniary damage and EUR 15,000 jointly to all applicants for costs and expenses.


Also covered at ... http://www.cyprusnewsreport.com/?q=node/5147
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Re: ECHR Loss of Use Awards Against Turkey

Postby Hermes » Tue Jan 10, 2012 9:07 pm

Interesting news. This is one more reason why Turkey cannot stay in Cyprus indefinitely. Not just the cost of maintaining an occupation army overseas and subsidising a broken economy but there are legal implications and financial penalties from depriving people of their land and properties.

Does this set a precedent for all refugees to make a claim against Turkey for damages? Anyone know?
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Re: ECHR Loss of Use Awards Against Turkey

Postby bill cobbett » Tue Jan 10, 2012 9:52 pm

Hermes wrote:Interesting news. This is one more reason why Turkey cannot stay in Cyprus indefinitely. Not just the cost of maintaining an occupation army overseas and subsidising a broken economy but there are legal implications and financial penalties from depriving people of their land and properties.

Does this set a precedent for all refugees to make a claim against Turkey for damages? Anyone know?


Erm some quick guesses on that H... Firstly of course these are old pre-ipc cases. There are violations on two Articles of the ECHR. One is the outright property issue under Article 1 of Protocal 1 and we know the ECHR's view on that is go to the "ipc". The second one is an Article no. 8 violation, the respect for home and private life article, for which the "ipc" may not be the "effective local remedy" that the ECHR and others would have us believe. So it may be of value that this second violation (Article 8) be separated from the "property" article and tested on its own.

Needs research.
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Re: ECHR Loss of Use Awards Against Turkey

Postby Kikapu » Tue Jan 10, 2012 10:14 pm

Bill,

Wasn't the IPC due to expire in 2011, or was it in 2012?
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Re: ECHR Loss of Use Awards Against Turkey

Postby humanist » Tue Jan 10, 2012 10:22 pm

Bill thank you for the post interesting read.

Hermes how is it that Turkey cannot stay in Cyprus .... they have for the past 35 years. To them is like ... So What ( they are probably laughing at the ECHR in that it can take out all these findings ... but the Turks know that they cannot implement any strategies for the refugees to have their homes).

It's a pity in a way that I don't have a home in the occupied area to go to the ECHR to get permission to move back to it. Because I think that would be the only way we're ever going to get back. A few gutsy people going to Courts for the right of return.
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Re: ECHR Loss of Use Awards Against Turkey

Postby Viewpoint » Tue Jan 10, 2012 10:27 pm

humanist wrote:Bill thank you for the post interesting read.

Hermes how is it that Turkey cannot stay in Cyprus .... they have for the past 35 years. To them is like ... So What ( they are probably laughing at the ECHR in that it can take out all these findings ... but the Turks know that they cannot implement any strategies for the refugees to have their homes).

It's a pity in a way that I don't have a home in the occupied area to go to the ECHR to get permission to move back to it. Because I think that would be the only way we're ever going to get back. A few gutsy people going to Courts for the right of return.


You are right Turkey dont give a fig. These GCs can wait another 20 years for compensation they will all probably die by then.
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Re: ECHR Loss of Use Awards Against Turkey

Postby Bananiot » Tue Jan 10, 2012 10:32 pm

These gutsy people brought about the ipc. These were the last cases that the ECHR examines. From now on it is all about the ipc. Thank you gutsy people (and lawyers, who saw the opportunity to make easy money).
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Re: ECHR Loss of Use Awards Against Turkey

Postby bill cobbett » Tue Jan 10, 2012 10:36 pm

Kikapu wrote:Bill,

Wasn't the IPC due to expire in 2011, or was it in 2012?



Extended mate, to end of 2013 for those who wish to make use of it.
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Re: ECHR Loss of Use Awards Against Turkey

Postby humanist » Tue Jan 10, 2012 10:46 pm

Extended mate, to end of 2013 for those who wish to make use of it.
then what? would that mean that people can go back to the ECHR (which in my view is a total farse ... because it cannot impose any consequences if Turkey does not adhere to the findings and pay the fines).
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Re: ECHR Loss of Use Awards Against Turkey

Postby Viewpoint » Tue Jan 10, 2012 11:01 pm

humanist wrote:
Extended mate, to end of 2013 for those who wish to make use of it.
then what? would that mean that people can go back to the ECHR (which in my view is a total farse ... because it cannot impose any consequences if Turkey does not adhere to the findings and pay the fines).


Well done you have worked it out.
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