A/HRC/7/46
page 5
of the Immovable Property Commission established in the north of Cyprus, the
Committee asked to be kept informed on this subject.5
10. In the case of Loizidou v. Turkey (1996), in which the European Court of Human
Rights found that Ms. Loizidou had been continuously denied access to her property
situated in the north of Cyprus and consequently lost control thereof, the Committee of
Ministers welcomed the fact that an offer had been made to the applicant by the
Turkish authorities concerning the property in question. Taking note of the response by
the applicant on the merits of that offer, the Turkish authorities were invited to respond
without undue delay and to keep the Committee informed of any developments in this
context.4 On the issue of the enclaved persons, and in the context of the Cyprus v.
Turkey (2001) case, the Committee of Ministers noted at their 1007th meeting (October
2007) that an unjustified interference in the property rights of these persons still
subsisted. Taking note of information subsequently provided by the Turkish authorities,
the Committee remarked that several issues relating to the regulation of these property
rights and available remedies needed to be clarified, inviting the Turkish authorities to
provide further information on these issues.4
11. In the case of Orams-Apostolides, upon examining the appeal lodged by Mr.
Meletis Apostolides against the judgement of the High Court dated 6 September 2006,
which held that the judgement of the District Court of Nicosia could not be enforced in
England, the Court of Appeal of England and Wales decided, on 13 September 2007,
to refer a number of questions to the European Court of Justice for a preliminary
ruling.
12. Considering the need to ensure respect of ownership rights, also in cases where
properties remain unoccupied, reports regarding the ongoing demolition of Greek
Cypriot houses in the Karpas, including residences of those who had indicated their
desire to return permanently, are alarming.6 In his report of 4 June 2007, the SecretaryGeneral noted that the trend towards increased construction on the Turkish Cypriot side
continues to be a cause for concern, as it may complicate efforts towards a
comprehensive settlement (S/2007/328, para. 28).
13. Concerning Turkish Cypriot property south of the buffer zone, the applicable
law continues to stipulate that Turkish Cypriots are obliged to reside for six months in
the south prior to reclaiming any abandoned property, either by return or
compensation. Concerns continue to be received in respect of restrictions imposed on
Greek Cypriots by the Turkish Cypriot side in bequeathing their property to their heirs.
14. The Committee on Missing Persons continued to work on its project on the
exhumation and identification of the remains of missing persons, which it considers an
integral part of the investigation process. It will resume further investigations into the
5
Council of Europe Committee of Ministers, Ministers’ Deputies Decisions, 1007th (DH) meeting, 15-17 October
2007.
6
Report of the Secretary-General on the United Nations operation in Cyprus (S/2007/699), para. 25.
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