A/HRC/4/59
page 4
of 22 December 2005 in Xenides-Arestis, the Court required Turkey to introduce within three
months an effective remedy, including possibilities of restitution. In a further judgement, on just
satisfaction in this latter case, the Court noted that the compensation and restitution mechanism
subsequently introduced by the Turkish authorities had in principle taken care of the
requirements of its 2005 judgement. At the same time, it underlined that it was unable to address
the effectiveness of this remedy in general since the parties had failed to reach an agreement on
the issue of just satisfaction and that the applicant could not be expected to have recourse to the
new mechanism at this early stage. This judgement is, however, not yet final; it may still be
referred to the Grand Chamber.
12.
Meanwhile, the implementation of the judgement in the Loizidou v. Turkey (1996) case,
in which the European Court of Human Rights ruled that Ms. Loizidou, and consequently all
other refugees, have the right to return to their former properties, has been regularly examined by
the Committee of Ministers, and the measures to be taken are still being discussed.
13.
In the British High Court case of Orams-Apostolides, 6 September 2006, the High Court
in London backed an appeal against the judgement of a court in Cyprus to return land to its
original Greek Cypriot owner. The Greek Cypriot owner of the property in question appealed
this decision, and the matter is ongoing. Concerning Turkish Cypriot property south of the
buffer zone, under current Republic of Cyprus law, Turkish Cypriots are obliged to reside for
six months in the south prior to reclaiming any abandoned property, either by return or
compensation. In early 2007, the Supreme Court rejected an appeal by a Turkish Cypriot
relating to his father’s land in the south, based on the fact that he was still residing in the area
north of the buffer zone. A number of cases in this regard are currently pending at the European
Court of Human Rights.
14.
Political will has been demonstrated by all concerned with regard to the settlement of the
issue of missing persons within the context of the Committee on Missing Persons (CMP),
notably since its meeting of 3 July 2006. In its resolution 1728 (2006) of 15 December 2006,
the Security Council, reiterating its call to the parties to assess and address the humanitarian
issue of missing persons with due urgency and seriousness, welcomed progress made since the
resumption of CMP activities and the appointment of a third member of the Committee, who
officially took up his duties in July 2006.
15.
CMP has now launched its project on the exhumation, identification and return of
remains of missing persons, which is expected to last several years. As of 28 December 2006,
174 remains have been exhumed on both sides of the Green Line. Following the final DNA
identification process, the first sets of remains are expected to be handed over to the concerned
relatives during the first half of 2007.
16.
In 2007 CMP will also resume its investigations into the fate of the missing persons
beyond what the exhumation and identification process will yield. In the Cyprus v. Turkey case,
in their 982nd meeting on 6 December 2006 regarding the issue of missing persons, the
Committee of Ministers of the Council of Europe recalled the urgency of obtaining concrete and
conclusive results, respecting the requirements of effective investigations stemming from the
judgement of the Court both within the framework of the CMP work and by any other
appropriate means and took note of the commitment by the Turkish authorities to keep them
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