A/HRC/10/37
page 6
available to owners wishing to challenge demolition and to obtain compensation, if
appropriate.17 Concerns continue to be received from the Government of the Republic of Cyprus
regarding the trend towards increased construction on the Turkish Cypriot side, as reported last
year.18 The situation in Varosha remains unchanged.
14. Concerning Turkish Cypriot property south of the buffer zone, the applicable law
continues to place constraints on the return or compensation of the property of any Turkish
Cypriots whose “usual residence” is outside the Republic of Cyprus.19
15. The Committee on Missing Persons (CMP) has continued to work on its project on the
exhumation, identification and return of remains of missing persons. As of November 2008, the
remains of 455 individuals had been exhumed from sites on both sides of the buffer zone by the
Committee’s bicommunal teams of scientists. The remains of more than 292 missing persons
have undergone examination at the Committee’s bicommunal anthropological laboratory in the
United Nations Protected Area in Nicosia. Following DNA genetic analysis, the remains of
105 individuals have been returned to their respective families. In October 2008, following a
training period which lasted more than two years, full operational responsibility for running the
Committee’s anthropological laboratory was handed over to a bicommunal team of Cypriot
scientists. This was the culmination of the capacity-building and local ownership dimension of
the Committee’s project.20
16. The Committee will resume further investigations into the fate of the missing persons as
soon as it is in a position to do so. The Secretary-General has noted his gratitude that the CMP
continues its humanitarian work unhindered and in a depoliticized manner, and urged all parties
concerned to take every possible action in order to speed up the exhumation process.21
17. In relation to the Cyprus v. Turkey case, the Committee of Ministers reiterated its evident
interest for the work of the CMP, reaffirmed the need for the Turkish authorities to take
additional measures to ensure that the effective investigations required by the judgement are
carried out, and urged them to provide without further delay information on the concrete means
envisaged to achieve this result.22 In the case of Varnava and others v. Turkey of
10 January 2008, the Court recalled its previous finding that, whatever its humanitarian
usefulness, the CMP did not provide procedures sufficient to meet the standard of an effective
investigation into the fate of nine of the applicants who disappeared in life-threatening
17
See footnote 14 above.
18
A/HRC/7/46, para. 12.
19
Law including interim provisions with regard to the administration of Turkish Cypriot
properties in the Republic and other related issues.
20
S/2008/744, paras. 39 and 40.
21
S/2008/353, para. 37 and S/2008/744, para. 41.
22
See footnote 13 above.
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