A/HRC/13/24
measures they envisage taking to remedy the consequences of the continued violation of the
right to property and right to respect for the applicant’s home.22
14.
The Xenides-Arestis v. Turkey case (2006),23 which deals with the issue of displaced
persons and violation of their property rights in the north, was again discussed by the CoE
Committee of Ministers at its December 2009 meeting. It was recalled that the Chairman of
the Committee of Ministers had sent a letter to the Turkish authorities informing them of
the Committee’s continuing concern relating to the lack of information on the payment of
the sums awarded by the judgement of the European Court of 7 December 2006. The
Ministers’ Deputies expressed regret that this letter remained unanswered at the time of the
meeting in December 2009 and instructed the CoE secretariat to prepare a draft interim
resolution for the next examination of this case, unless the Turkish authorities have by then
provided relevant information on the steps taken towards payment of the above-mentioned
compensation.24
15.
In the case of Alexandrou v. Turkey, where the applicant alleged that the occupation
of the northern part of the island had prevented her from having access to her properties, in
July 2009 the Court noted that an agreement was reached between the parties involved. The
Court was satisfied that the settlement was based on respect for human rights and decided
to remove the remainder of the application from its list of cases.25
16.
As concerns the Orams v. Apostolides case (reference for a preliminary ruling from
the Court of Appeal (England and Wales)), the European Court of Justice on 28 April 2009
held that the judgement of the court in Cyprus deciding a claim over property in the north is
enforceable, although it concerns an area over which the Government does not exercise
effective control.26
17.
The national report submitted by Cyprus in the framework of the UPR states that
abandoned Turkish Cypriot properties in the south come under the management and
custody of the Minister of Interior. The Government stated that Turkish Cypriots who
return from the northern part of the island or abroad and live permanently in the
Government-controlled areas are entitled, with the consent of the custodian, to use their
properties. The report mentions that there are several cases in which Turkish Cypriot
houses and agricultural lands have been returned to the legal owners. In cases where Greek
Cypriot displaced persons have been temporarily using those properties, the report states
that measures are taken by the Government to provide all necessary help under alternative
provisions. According to the report, compulsory acquisition or requisition of Turkish
Cypriot properties, as for all properties, is only allowed under the Constitution and the law,
if the public interest is served. Just and equitable compensation, as provided for by the
Constitution and the law, is deposited in the special fund of the custodian. The report also
mentions that Turkish Cypriot owners, who settled permanently abroad before 1974 or are
residing in Government-controlled areas, are immediately eligible for payments, while
22
23
24
25
26
6
Council of Europe Committee of Ministers, Ministers’ Deputies Decisions, notes on the Demades v.
Turkey case (16219/90).
The case concerns the violation of the applicant’s right to respect for her home (situated in
Famagusta) due to the denial since 1974 of access to her property situated in the northern part of
Cyprus and consequent loss of control thereof.
Council of Europe Committee of Ministers’ Deputies Decisions adopted at the 1072nd meeting, 1–3
December 2009, CM/Del/Dec (2009) 1072 on Xenides-Arestis v. Turkey (46347/99).
Case of Alexandrou v. Turkey (16162/90) of 28 July 2009.
Official Journal of the European Union, C 153/7 available at http://eur-lex.europa.eu/LexUriServ/
LexUriServ.do?uri=OJ:C:2009:153:0007:0008:EN:PDF.
GE.10-11644
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents