A/HRC/43/22
Guardian. A number of cases were decided by the courts of the Republic of Cyprus
regarding Turkish Cypriot properties. For example, in Mehmet v. Minister of the Interior,
the High Court of Cyprus dismissed an appeal by a Turkish Cypriot resident in the south,
acting in her capacity as manager of her grandmother’s estate, against the placement by the
Guardian of a usufruct on the title deed for one of the properties. Under this usufruct, the
property was to continue housing a third party Greek Cypriot beneficiary displaced from
the northern part of Cyprus for life or until the Cyprus issue was settled, whichever came
earlier.23
42.
The Ministers’ Deputies of the Council of Europe continued to consider the
enforcement of past judgments of the European Court of Human Rights regarding property
rights. On 6 December 2018, concerning the property rights of Greek Cypriots residing in
the northern part of Cyprus, the Ministers’ Deputies reiterated their deep regret regarding
the decision of Turkey not to participate in the discussions and called on Turkey once again
to cooperate with the Committee.24 On 25 September 2019, the Ministers’ Deputies recalled
their previous decision expressing appreciation of the measures taken as regards the
property rights of enclaved Greek Cypriots and their heirs. They requested information on
the number of applications before the Immoveable Property Commission specifically
concerning the rights of Greek Cypriot property owners still living in the northern part of
Cyprus and their heirs, and the outcome of those proceedings. The Ministers’ Deputies
decided to resume consideration of the issue at their meeting in June 2020, with a view to
considering whether to close their supervision of this part of the judgment of the European
Court of Human Rights.25
43.
In addition, on 6 December 2018 and 14 March 2019, the Ministers’ Deputies
insisted again on the unconditional obligation of Turkey to pay the just satisfaction awarded
in 33 cases of the Xenides-Arestis group. 26 On 6 December 2018, they also decided to
resume consideration of the possible closure of the Loizidou case at their 1348th meeting in
June 2019. 27 No decision was adopted in respect of the case at the Ministers’ Deputies
meeting in June 2019.
44.
With regard to property within the buffer zone, UNFICYP continued to manage a
permits system for civilian activities such as farming, grazing, construction and utility
maintenance. The Secretary-General has noted that this dimension of the work of
UNFICYP is an essential aspect of preventing tensions and that the mission’s mandate
requires it to carefully balance security considerations with facilitating reasonable activities
within the buffer zone, in particular when livelihoods depend on it (S/2019/562, paras. 19–
20 and 58).
45.
On 9 October 2019, the Security Council issued a press statement on Cyprus,
recalling the importance of the status of Varosha, as set out in previous Security Council
resolutions, and reiterating that no actions should be carried out in relation to Varosha that
are not in accordance with those resolutions.28 OHCHR recalls resolution 1987/50 of the
Commission on Human Rights, in which it considered attempts to settle any part of
Varosha by people other than its inhabitants as illegal and called for the immediate
cessation of such activities.
23
24
25
26
27
28
Mehmet v. Minister of the Interior, appeal No. 33/2013, 14 March 2019, High Court of Cyprus
(secondary jurisdiction).
Council of Europe Committee of Ministers decisions adopted at the 1331st meeting, 4–6 December
2018 (CM/Del/Dec(2018)1331/H46-28) on Cyprus v. Turkey.
Council of Europe Committee of Ministers decisions adopted at the 1355th meeting, 23–25
September 2019 (CM/Del/Dec(2019)1355/H46-25) on Cyprus v. Turkey.
Council of Europe Committee of Ministers decisions adopted at the 1331st meeting, 4–6 December
2018 (CM/Del/Dec(2018)1331/H46-31) on Xenides-Arestis group v. Turkey; Council of Europe
Committee of Ministers decisions adopted at the 1340th meeting, 12–14 March 2019
(CM/Del/Dec(2019)1340/H46-26) on Xenides-Arestis group v. Turkey.
Council of Europe Committee of Ministers decisions adopted at the 1331st meeting, 4–6 December
2018 (CM/Del/Dec(2018)1331/H46-31) on Xenides-Arestis group v. Turkey.
See www.un.org/press/en/2019/sc13980.doc.htm.
9
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