A/HRC/22/18
the right to respect for private and family life had been violated with regard to seven of the
applicants.24
31.
As at 30 November 2012, a total of 4,157 applications had been lodged with the
Immovable Property Commission;25 291 of them have been concluded through friendly
settlements and nine through formal hearing. The Commission has paid 93,833,265 pounds
sterling to the applicants as compensation. Moreover, the Commission has ruled for
exchange and compensation in two cases, for restitution in one case, as well as for
restitution and compensation in five. In one case, the Commission delivered a decision for
restitution after the settlement of the Cyprus issue, and in another case it ruled for partial
restitution.
32.
In July 2012, the Government of the Republic of Cyprus reportedly approved the
exchange of land belonging to Greek Cypriot refugee Michael Tymvios near Tymvou
village in the northern part with Turkish Cypriot land in Larnaca in the southern part. This
approval came four years after the European Court of Human Rights welcomed an
agreement reached between Mr. Tymvios and Turkey, which provides for the payment of 1
million USD to the applicant and the exchange of property insofar as the exchange decision
can be executed within the control and power of the authorities in the northern part. 26
Subsequently, Mr. Tymvios filed domestic lawsuits at the Larnaca District Court against
Cyprus for initially refusing to allow the transfer of title deeds.
33.
In his mission report, the Special Rapporteur on freedom of religion or belief noted
that unsettled property issues and fear of deprivation of real estate in the northern part, in
particular in connection with a restrictive and unfair handling of inheritance claims by the
administration in the northern part, continue to cause bitterness in the Christian Orthodox
community. The Special Rapporteur recommended that the de facto authorities should
handle heritage claims of Christian minorities in the northern part, including real estate
issues, in a fair and transparent manner, which would be an important signal for the
Christian minorities that they have long-term prospects in the region (A/HRC/22/51/Add.1,
paras. 44 and 84).
34.
On 14 February 2012, the European Parliament adopted the Declaration on the
return of the sealed-off section of Famagusta to its lawful inhabitants, 27 in which the
European Parliament called on the Government of Turkey to act according to Security
Council resolutions 550 (1984) and 789 (1992) as well as to the recommendations of the
2008 Report of the Committee on Petitions on petition 733/2004.28 The European
Parliament’s Declaration stresses that the sealed-off section of Famagusta (Varosha) should
be returned to its lawful inhabitants, who must resettle under conditions of security and
peace. Furthermore, the European Parliament urged the European Union institutions to
coordinate their efforts with the European Parliament to promote the cooperation of Turkey
24
25
26
27
28
Ibid., judgement (merits) of 2 November 2010.
See www.tamk.gov.ct.tr. The Immovable Property Commission was set up under Law No. 67/2005
for the compensation, exchange and restitution of immovable properties following the European
Court of Human Rights case of Xenides-Arestis v. Turkey (application No. 46347/99), judgement
(merits) of 22 December 2005 and judgement (just satisfaction) of 7 December 2006.
European Court of Human Rights, Eugenia Michaelidou Developments Ltd and Michael Tymvios v.
Turkey (application No. 16163/90), judgement (friendly settlement) of 22 April 2008, para. 15. In its
earlier judgement of 31 July 2003, the European Court of Human Rights found that there had been
and continued to be a violation of Article 1 of Protocol No. 1 (peaceful enjoyment of possessions) as
Mr. Tymvios was denied access to and control, use and enjoyment of his property as well as any
compensation for the interference with his property rights.
Declaration of the European Parliament of 14 February 2012, P7_TA-PROV(2012)0039.
See www.europarl.europa.eu/meetdocs/2004_2009/documents/dt/710/710127/710127en.pdf.
11
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