by Svetlana » Thu Jun 15, 2006 12:24 pm
Refugees seeking cash from north’s property commission
By Elias Hazou
THE MAJORITY of displaced Greek Cypriots seeking redress in the north for loss of properties after the invasion are opting out of returning to their homes and going for the cash.
At least this is the conclusion drawn from the claims made before the ‘property commission’ set up in the north last March. If accepted as legitimate by the European Court of Human Rights (ECHR), the body could be handling Greek Cypriot applications for the reinstatement of properties in the north.
The establishment of the commission came after the ECHR last December handed the baton to Turkey to find a way of offering redress to Greek Cypriot Myra Xenides-Arestis, who lost her property in Varosha during the 1974 Turkish invasion. Turkey accepted the challenge and has in turn given the Turkish Cypriot authorities – as its ‘subordinate local authority’ – the task of delivering justice on Greek Cypriot property claims.
In making the ruling, the ECHR effectively adjourned around 1,400 Greek Cypriot applications, pending a later decision on whether the Turkish Cypriot property commission truly fits the criteria spelled out by the ECHR.
The court gave Turkey and the breakaway regime six months in which to provide “effective domestic remedies” for Greek Cypriot refugees’ property claims.
Its judgment read: “Turkey should introduce a remedy, within three months, which secures, in respect of the Convention violations identified in the judgment, genuinely effective redress for the applicant as well as in relation to all similar applications (approximately 1,400) pending before the Court.”
The deadline for assessing Turkey’s compliance expires on June 22.
In the south, the initial reaction to the court’s ruling was mixed. Some felt the onus was now on Turkey, while others warned Ankara would get off the hook by simply feigning to provide redress.
Yet others worry that the solution of the Cyprus problem might boil down to an ad hoc exchange of properties and payouts.
But according to daily Politis, most of the Greek Cypriot refugees (around 10) who have turned to the commission are asking for monetary compensation for their lands.
What’s more, they are waiving any claim for non-use of their properties since 1974. And in some cases the claimants are settling for amounts that fall well short of the real value of their property.
Without naming names, the paper mentioned the case of a refugee from Kyrenia who has given up on returning to his property, even though he is entitled to. His tract of land does not ‘belong’ to a Turkish Cypriot, nor has any development taken place on it. Yet the man simply wants a cash settlement.
Another Greek Cypriot is the owner of six donums of real estate in the occupied part of Nicosia. The Bayrak television station now lies on it. According to Politis, the owner did not even bother filing for restitution, knowing he stood no chance of winning – the ‘property law’ enacted by the breakaway regime excludes public utilities buildings and ‘national interest’ facilities from undergoing a change in ownership.
Undeterred, the practical-minded owner went for compensation, asking for some £300,000. The paper commented that he could have got a lot more for the land, suggesting the person was desperate to close the deal and raise some cash.
Meanwhile a Greek Cypriot currently living in Britain and filing a claim has also opted for a cheque, even though the commission informed him that he was entitled to having his property returned to him. The man is reportedly asking for £2 million.
Press reports said that in the coming days the commission is set to announce its decisions on eight cases, so that it can then present itself to the ECHR as an effective “domestic legal means” that resolves property claims.
Speaking off the record, legal sources told the Mail yesterday that the court was unlikely to take into account these actions, because the whole affair hinged on the handling of the pilot case – Arestis.
And Achilleas Demetriades, the lawyer of Arestis, yesterday said that he would be filing his observations to the ECHR on June 21.
As the other litigant, Turkey will also be presenting its own observations to the court on that date.
As widely predicted, Arestis has not taken recourse to, nor had any contact with, the property commission.
“One should bear in mind that Turkey has to restore full access and use of property to Mrs Arestis… we are waiting to see whether Turkey honours its obligations,” Demetriades told the Mail.
He said he was not worried by the argument that his side did nothing to promote its claim.
“That does not concern us. The question is what Turkey has or has not done,” he insisted.
Copyright © Cyprus Mail 2006