A/HRC/28/20
34.
With regard to property claims in the northern part of the island, as at 30 November
2014, a total of 6,045 applications had been lodged with the Immovable Property
Commission (www.tamk.gov.ct.tr) since its establishment, of which 589 were concluded
through friendly settlements and 13 through formal hearings. The Commission has paid a
total of £182,740,348 to the applicants as compensation. Moreover, the Commission ruled
for exchange and compensation in two cases, for restitution in one case, and for restitution
and compensation in five cases. In one case, it delivered a decision for restitution after the
settlement of the Cyprus issue, and in another case it ruled for partial restitution.
35.
With regard to payment of just satisfaction in property cases, on 25 September
2014, the Committee of Ministers of the Council of Europe deplored the fact that, despite
interim resolutions adopted with regard to the Xenides-Arestis case,37 the Turkish
authorities had not complied with their obligation to pay amounts awarded in that case, or
the 32 other cases in the Xenides-Arestis group, on the grounds that the payment could not
be dissociated from the measures of substance. The Committee recalled that it had stressed,
in two letters addressed to its Turkish counterpart (sent respectively in October 2009, in the
case of Xenides-Arestis, and in April 2014, for all cases), that the obligation to comply with
the judgements of the European Court of Human Rights was unconditional. The Committee
adopted an interim resolution in which it declared that the continual refusal by Turkey to
pay was in flagrant conflict with its international obligations, and exhorted it to review its
position and to pay the just satisfaction and interest without further delay.38
36.
In its judgement of 12 May 2014 on Cyprus v. Turkey, the European Court of
Human Rights pronounced itself on the application submitted by the Government of Cyprus
for a “declaratory judgement” regarding the property rights of displaced persons. The Court
recalled that it had found a continuing violation of article 1 of Protocol 1 to the European
Convention on Human Rights, as Greek Cypriot owners of property in northern Cyprus
were being denied access to and control, use and enjoyment of their property, as well as any
compensation for interference with their property rights. It also found that Turkey had not
yet complied with the holding, and that any possible permission of, participation,
acquiescence or otherwise complicity in any unlawful sale or exploitation of Greek Cypriot
homes and property in the northern part of Cyprus could not be consistent with
compliance.39
E.
Freedom of religion and cultural rights
37.
According to article 18 of the Universal Declaration of Human Rights, everyone has
the right to freedom of thought, conscience and religion, which includes freedom to change
his religion or belief, and freedom, either alone or in community with others and in public
or private, to manifest his religion or belief in teaching, practice, worship and observance. 40
37
38
39
40
Interim resolutions CM/ResDH(2008)99 and CM/ResDH(2010)33, adopted respectively in 2008 and
2010 in the case of Xenides-Arestis v. Turkey (application no. 46347/99), judgements of 22 December
2005 and of 7 December 2006.
Council of Europe Committee of Ministers’ Deputies, interim resolution adopted at the 1208th
meeting on 25 September 2014 (CM/ResDH(2014) 185) on the cases of Varnava and Others v.
Turkey and Xenides-Aristis group. See also Council of Europe Committee of Ministers’ Deputies,
decisions adopted at the 1201st meeting on 5 June 2014 (CM/Del/OJ/DH(2014)1201/20).
Cyprus v. Turkey (see footnote 28), para. 63.
See also International Covenant on Civil and Political Rights, art. 18, and the Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (General
Assembly resolution 36/55).
11
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