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European Court finds Turkey guilty of violating Greek Cypriot's property-related rights
2005-12-22 12:35:32

Nicosia, Dec 22 -- The European Court of Human Rights found Turkey guilty of violating the human rights a Greek Cypriot refugee in terms of her property in Turkish occupied Famagusta and ordered Ankara to put in place, within three months, a mechanism to offer reparations.

The Court ruled in April that a property commission, set up in the Turkish-controlled north of the island, did not constitute effective domestic remedy for property claims by Greek Cypriots, whose property lies in the occupied north.

Mrs. Myra Xenides-Aresti had claimed that Turkey violated her right to enjoy peacefully her property in Turkish occupied Famagusta.

A press release issued by the ECHR also said that the Court observed that the applicant’s situation differed from that of the applicant in the case Loizidou v. Turkey (judgment of 18 December 1996) since, unlike Mrs Loizidou, the applicant had actually lived in Famagusta. Since 1974 she had been unable to gain access to, to use and enjoy her home.

The Court concluded, as it had also found in Cyprus v. Turkey (judgment of 10 May 2001), that the complete denial of the right of the applicant, a Greek-Cypriot displaced person, to respect for her home in northern Cyprus constituted a continuing violation of Article 8.

The Court also points out that the Turkish Government continued to exercise overall military control over northern Cyprus and that the fact that the Greek-Cypriots had rejected the Annan Plan did not have the legal consequence of bringing to an end the continuing violation of the rights of displaced persons.

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