A/HRC/40/22
32.
On 12 December 2017, the European Court of Human Rights handed down its
judgment in Joannou v. Turkey, which concerned the effectiveness of the Immovable
Property Commission in a particular case. The Court found that the Commission “did not act
with coherence, diligence and appropriate expedition concerning the applicant’s
compensation claim” for properties located in the northern part of Cyprus. 11 The Court
observed that the proceedings had been pending before the Immovable Property Commission
for some nine years without a formal resolution. The Court noted that the case did not
challenge the effectiveness of the Immovable Property Commission as a remedy as such,
although the Court remained attentive to developments on the issue. 12
33.
The Ministers’ Deputies of the Council of Europe further considered the enforcement
of past judgments of the European Court of Human Rights regarding property rights. On 7
December 2017, the Ministers’ Deputies noted the information conveyed by the Turkish
authorities on the existing avenues within the framework of the Immovable Property
Commission to address the possible unlawful sale and exploitation of the properties in
question, and invited them to present additional information on their practical
implementation to allow the Committee to assess their effectiveness. 13
34.
At its subsequent meeting on 20 September 2018, the Ministers’ Deputies deeply
regretted the decision of Turkey not to participate in the discussions, and called on Turkey to
cooperate with the Committee. They regretted that the Turkish authorities had not provided
any information in reply to the Committee’s decision of December 2017, and called on
Turkey to provide the requested information in time for the next examination of the issue. 14
35.
The Ministers’ Deputies continued to insist on the unconditional obligation of Turkey
to pay the just satisfaction awarded by the European Court of Human Rights. 15
36.
With regard to property claims in the south, the Council of Ministers of the Republic
of Cyprus issued a decision on 21 May 2018, which approved the publication by the Guardian
of Turkish Cypriot properties on its official website of data regarding available Turkish
Cypriot properties.16 In a statement of the same date, the Minister of the Interior noted that
the management of Turkish Cypriot property was a delicate and multidimensional issue that
concerned serious aspects of national and refugee policy, as well as wider issues of social
justice, transparency and corruption. He stated that the measures had been announced in order
to increase transparency and to deal with phenomena such as corruption and interference. 17
37.
On 11 January 2018, the High Court of Cyprus dismissed an appeal regarding a
property located in the buffer zone. The Court upheld a finding that the Republic of Cyprus
could not be liable for unlawful interference and violation of human rights in respect of the
11
12
13
14
15
16
17
European Court of Human Rights, Joannou v. Turkey (application No. 53240/14), judgment of 12
December 2017, para. 104.
Ibid., paras. 81 and 86.
Council of Europe Committee of Ministers, decisions adopted at the 1302nd meeting on 5–7
December 2017 (CM/Del/Dec(2017)1302/H46-32) on Cyprus v. Turkey.
Council of Europe Committee of Ministers, decisions adopted at the 1324th meeting on 18–20
September 2018 (CM/Del/Dec(2018)1324/H46-20) on Cyprus v. Turkey.
Council of Europe Committee of Ministers, decisions adopted at the 1302nd meeting on 5–7
December 2017 (CM/Del/Dec(2017)1302/H46-34) on Varnava and Others v. Turkey and
(CM/Del/Dec(2017)1302/H46-35) Xenides-Arestis group v. Turkey; decisions adopted at the 1324th
meeting on 18–20 September 2018 (CM/Del/Dec(2018)1324/H46-24) on Xenides-Arestis group v.
Turkey.
Extract from the proceedings of the Council of Ministers meeting dated 21 May 2018, decision No.
860/2018, available (in Greek) at
www.cm.gov.cy/cm/cm_2013/cm.nsf/B17063EAA6C2ACE0C22582CC001BC738/$file/84.964.pdf.
See also www.moi.gov.cy/moi/tcp/tcp.nsf/home_en/home_en?openform (in Greek).
Available (in Greek) at
www.moi.gov.cy/moi/tcp/tcp.nsf/All/9A63BB1CE22EE63EC2258295001A3974?OpenDocument.
7
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