European Court Of Human Rights Decides Greek Cypriot Property Claim Is Admissible

by Lorys Charalambous, Tax-News.com, Cyprus

11 April 2005

The European Court of Human Rights ruled last week that a claim by a Greek Cypriot to property situated in the Turkish Republic of Northern Cyprus was admissible without further recourse to the legal procedures of the Northern administration.

In a unanimous verdict, the seven member panel at the Strasbourg-based institution, which included a Turkish member, rejected the notion that a ‘property compensation commission’ established in Northern Cyprus during 2003 to hear claims by dispossessed Greek Cypriots represented an “effective” or “adequate” means for redressing the applicant’s complaints.

The applicant, Myra Xenides-Arestis, who now lives in Nicosia, maintains that in August 1974 she was forced with her family by the Turkish military forces to leave Famagusta, in Northern Cyprus, and abandon their home, property and possessions. She states that since then she has been prevented from having access to, from using and enjoying her home and property.

“Thus, although compensation is foreseen, this cannot in the opinion of the court, be considered as a complete system of redress regulating the basis aspect of interferences complained of,” the ECHR stated.

The court also affirmed that the failed settlement plan negotiated by United Nations Secretary General Kofi Annan did not alter the situation regarding the property rights of Greek Cypriot citizens.

The news was greeted enthusiastically by the government in Nicosia.

“The European Court of Human Rights reaffirms once again that the title deeds, the right of the Greek Cypriot owners to their properties in the occupied area of Cyprus has not been in any way affected, either by the continuing occupation or by any measures of the local administration, which is subordinate to the occupation power,” commented government spokesman Mr Kypros Chrysostomides.

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