by Demonax » Mon May 12, 2014 7:47 pm
Here is the part dealing with the expropriation of Greek Cypriot property in the occupied areas:
23. The Court had to intervene for the sake of legal certainty and to safeguard its own authority. The Court, and only the Court, has the last word about the interpretation of its Demopoulos decision, hence settling this dispute in a manner that lessens the likelihood of future conflicts between the parties while upholding the rule of law and ensuring full execution of the judgment on the merits in Cyprus v. Turkey. The Court’s answer to the claimant State’s request is crystal clear: the Court did not decide in Demopoulos that Turkey’s obligations under Article 46 to execute the Grand Chamber judgment of 2001 had been fulfilled, nor did the Court hold that the ongoing violations found by the Grand Chamber in its judgment on the merits had come to an end by virtue of the enactment of Law 67/2005, and this for the simple, but obvious, reason that Demopoulos was concerned only with domestic remedies in respect of violations of Article 1 of Protocol No. 1 in individual cases. To put it unambiguously, the Demopoulos decision did not interfere with the claimant State’s right to full implementation of the Grand Chamber judgment of 2001, including the immediate cessation of the continuing unlawful disposal (including sale, lease, use or any other means of exploitation) of the land and property of Greek Cypriots in Northern Cyprus by the “TNRC” authorities with the complicity of the Turkish State. This is not a mere statement on the interpretation of a previous judgment of the Court. The Court’s intention goes much further. This is also an acknowledgment of the existence of a situation of non-implementation of the Grand Chamber’s judgment of 2001, and therefore of a violation by the respondent State of its obligations under Article 46 of the Convention, to which the Court seeks to put an end.