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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