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ECHR finds Turkey guilty of violation of European Convention of Human Rights<
2003-08-01 15:15:08

Nicosia, Jul 31 (CNA) -- European Court of Human Rights (ECHR) has found today Turkey guilty of violation of the European Convention of Human Rights in two cases of Greek Cypriots against Turkey.

The applicants in the Demades vs Turkey and the Eugenia Michaelidou Developments Ltd and Micahel Tymvios vs Turkey cases, have accused Turkish armed forces on the island for preventing them to have access to and from using and enjoying possession of their property in the Turkish occupied areas of the Republic.

Turkey invaded Cyprus in 1974 and since then occupies one third of the island's territory.

Both Court's judgments were held by six votes in favor and one against, being the one of the Turkish judge.

Moreover the Court rejected all Turkish government's preliminary objections.

''The Court saw no reason to depart from the conclusions it had reached in the Loizidou vs Turkey and Cyprus vs Turkey cases'', the press release by the Registrar of the Court says.|

ECHR ruled in December 1996 that Turkey is guilty of continuous violation of the human rights of Greek Cypriot Loizidou to peacefully enjoy her property in Turkish occupied Cyprus and ordered Ankara to pay compensation and allow Loizidou access to her property.

In the decision Cyprus vs Turkey, the latter was held guilty for 14 violations of the European Convention of Human Rights and was considered responsible for the actions of the illegal regime in the occupied areas.

''The applicants were denied access to and control, use and enjoyment of their property and had not been compensated for the interference with their property rights'' the press release says.

It adds that ''the Court decided that the complete denial of Greek Cypriot displaced persons to respect of their homes in the northern Cyprus amounted to a continuing violation of Article 8 of the Convention''.

The Court held in both cases that the question of the application of Article 41 (just satisfaction) of the Convention concerning pecuniary and non pecuniary damage was not ready for decision.

Speaking to CNA, Demades attorney, Achilleas Demetriades said that the judgment is of great importance because it signifies that the Court will continue to examine individual applications against Turkey.

Another important element in the Court ruling is that it excludes consideration of the so-called law of the Denktash regime in the northern occupied part of Cyprus, for cases which have already been declared admissible by the Court and will be examined.

The Court is expected to issue its verdict on whether the so-called courts in occupied Cyprus are considered domestic remedy early in next year.

Turkey has to pay Demades within three months from the date on which the judgment on the merits becomes final EUR 2,875 in respect of costs and expenses plus any tax that may be chargeable, to be converted into Cypriot pounds at the rate applicable on the date of settlement.

The Court invites Turkey and the applicant to notify it of any agreement that they may reach and ''reserves the further procedure and delegates to the President of the Chamber the power to fix the same if need be'', the judgment says.

Attorney of the second case Eugenia Michaelidou Developments Ltd and Michael Tymvios vs Turkey the Court, Christos Klerides, stressed that the Courts judgment is very important, since it is the beginning of unbearable pressure on Turkey to comply with the European legal order.

Turkey is to pay Tymvios 8,480 Euros for costs and expenses.

CNA/AAR/MM/KN/2003,

ENDS, CYPRUS NEWS AGENCY

31/07/2003

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