A/HRC/22/18
known for his past statements aimed at stirring [up] enmity and hatred”. The Special
Rapporteur recommended that the de facto authorities should respect the right of religious
leaders to visit their community in the northern part without undue restrictions. The Special
Rapporteur also referred to instances where pilgrimages from the northern part, including
settlers from Turkey and their descendants, to the Hala Sultan Tekke in the southern part
have been stopped, with the result that those who had not entered the Republic of Cyprus
from the “legal points of entry” were prevented from crossing the checkpoints if they wish
to visit Hala Sultan Tekke and other religious sites. In this regard, the Special Rapporteur
recommended that the Government of the Republic of Cyprus should respect pilgrimages,
including visits to the Hala Sultan Tekke, as an inextricable part of freedom of religion or
belief, whose rank as a universal human right should not be supplanted by citizenship
issues.
27.
With regard to freedom of residence, nine Maronite families and two Greek Cypriots
had asked UNFICYP to convey their request to reside permanently in their traditional
villages in the north, however, during the reporting period no answer has been received
from the Turkish Cypriot authorities on these requests. 20
D.
Property rights
28.
According to article 17 of the Universal Declaration of Human Rights, everyone has
the right to own property alone as well as in association with others, and no one shall be
arbitrarily deprived of his property.
29.
With regard to property claims of Turkish Cypriots in the southern part, the
European Court of Human Rights on 6 March 2012 rejected for non-exhaustion of domestic
remedies the applications of 21 Turkish Cypriot property owners who had complained
about the restrictions on the use of their property within the Republic of Cyprus. The
European Court of Human Rights concluded that the new provisions in the Turkish-Cypriot
Properties Law 139/1991, as amended on 7 May 2010, “are formulated in broad terms and
by express reference to the guarantees of the Convention as interpreted by this Court”,
allowing the applicants to make a claim to the Custodian alleging a violation of their
Convention rights and, in the absence of a favourable response, to lodge a case in the
District Court.21 The European Court of Human Rights therefore could not exclude that the
amended Turkish-Cypriot Properties Law 139/1991 provides an accessible and effective
framework of redress in respect of complaints about interference with the property owned
by Turkish Cypriots.22
30.
With regard to property claims of Greek Cypriots in the northern part, the European
Court of Human Rights on 10 January 2012 awarded eight applicants between EUR
100,000 and EUR 8,000,000 for pecuniary and non-pecuniary damage (in total more than
EUR 20 million).23 In its principal judgement, delivered on 2 November 2010, the Court
held in particular that there had been a violation of the right of eight of the applicants to
peaceful enjoyment of their possessions, most of which are located in Famagusta, and that
20
21
22
23
10
S/2012/507, para. 17; information received from UNFICYP.
European Court of Human Rights, Kazali and Others v. Cyprus (application No. 49247/08), decision
of 6 March 2012, para. 152.
Ibid., para. 153.
European Court of Human Rights, Lordos and Others v. Turkey (application No. 15973/90),
judgement (just satisfaction) of 10 January 2012, para. 70.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents