A/HRC/13/24
applicant remained the legal owner of her property situated in the north, despite having lost
control thereof due to lack of access, it is recalled that CoE CMD invited the Turkish
authorities to make an offer to the applicant to comply with their obligation to put an end to
the violation found and to remedy its consequences. In reply the Turkish Cypriot authorities
made an offer based on Law No. 67/2005 on the compensation, exchange or restitution of
immovable property. It is further recalled that following the judgement of the Court of 22
December 2005 in the case Xenides-Arestis v. Turkey, this law established a compensation,
exchange and restitution mechanism in the northern part of the island. CoE CMD noted that
the Court is currently seized of the question of the effectiveness of this established
mechanism and that its conclusions on this point might be decisive for the execution of this
judgement.17
12.
In relation to the Cyprus v. Turkey case (2001),18 CoE CMD at its September 2009
session examined the questions of the property rights of enclaved persons and the property
rights of displaced persons. Concerning the property rights of enclaved persons, CoE CMD
noted that a certain number of questions still need to be examined in depth and to this effect
invited the Turkish authorities to provide before 15 December 2009 a copy of the entirety
of the legislation as amended, and related decisions relevant for the examination of this
issue, in particular the entire text of Law No. 41/77.19 Concerning the property rights of
displaced persons, at its December 2009 session CoE CMD again referred to the critical
deliberations under way in the European Court of Human Rights. CoE CMD recalled that in
the meantime it is important that all possibilities of settlement offered by the mechanism, in
particular on restitution of property, be preserved (protective measures).20
13.
The Committee of Ministers at its December 2009 meeting decided to resume
examination of the Demades v. Turkey case (2003)21 at the latest at their 1086th meeting
(June 2010), in the light of information to be provided by the Turkish authorities on the
17
18
19
20
21
GE.10-11644
Council of Europe Committee of Ministers, Ministers’ Deputies Decisions, notes on the Loizidou v.
Turkey case (15318/89).
The European Court held that the matters complained of by Cyprus in its application entailed the
responsibility of Turkey under the ECHR. In its judgement, it held that there had been 14 violations
of the Convention, grouped by the Committee of Ministers into 4 categories: (1) the question of
missing persons; (2) the living conditions of Greek Cypriots in northern Cyprus; (3) the rights of
Turkish Cypriots living in northern Cyprus; and (4) the question of the homes and property of
displaced persons.
Following the judgement of 22 December 2005 in the Xenides-Arestis case, an Immovable Property
Commission (IPC) was set up under Law No. 67/2005 on the compensation, exchange or restitution
of immovable property. According to the information available to the Council of Europe Committee
of Ministers as of June 2009, the total number of requests addressed to the IPC had reached 395. In
326 cases, the applicants had asked for monetary compensation to the value of their property, and in
14 cases an exchange of property. The IPC has reportedly concluded 59 friendly settlements (in 4
cases they stipulated the restitution of property at issue, in 1 case restitution “once the Cyprus
problem has been solved”, in 52 cases compensation in the amount of the current value of the
property and in 2 cases the exchange of property). By November 2009, the number of requests had
reached 432, of which 81 had reportedly been resolved “amicably”, with maximum compensation of
£12 million paid to the Severis family. Source: “Record Agreement was Timed for Best Effect”,
Cyprus Mail, 12 November 2009.
Council of Europe Committee of Ministers, Ministers’ Deputies Decisions, public notes on the
Cyprus v. Turkey case (25781/94).
This case concerns the violation of the applicant’s right to the peaceful enjoyment of his property
located in the northern part of Cyprus, insofar as he has been denied access to them and control, use
and enjoyment of them since 1974.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents