European Court of Human Rights finds Turkey Guilty


[01] Turkey guilty of human rights violations, says Euro Court

[02] Immense effects of Euro Court decision on Cyprus

[03] Historic decision for Cyprus

[04] Enormous consequences expected from European Court decision

[05] ECHR - decision on Loizidou's case - Damages Awarded

[06] Turkey fails to meet compensation deadline for Titina Loizidou

[07] Turkey must respect European Court's judgement on case of Loizidou v Turkey

[08] Council of Europe - Turkey - Cyprus - Resolution

[09] Cypriots file new case against Turkey before European Court of Human Rights

Provisional Translation of the Judgment in Zipped MS Word format. 45K.


[01] Turkey guilty of human rights violations, says Euro Court

Nicosia, Dec 18 1996 (CNA) --The European Court of Human Rights found Turkey guilty of continuing human rights violations with regard to Article 1 of Protocol 1 of the European Convention of Human Rights.

The judgement of the Court issued in Strasbourg today read: ''in the case of Loizidou versus Turkey, the European Court, by 11 votes to six, held that there has been a continuing violation in relation to her immovable property situated in Kyrenia and which since 1974 has been under the control of the Turkish army.''

Titina Loizidou, a Greek Cypriot from the Turkish-occupied town of Kyrenia, brought her case against Turkey alleging violation of her right to peacefully enjoy her property, which lies in the area of the Republic of Cyprus under Turkish occupation since 1974.

Loizidou's lawyer, Achilleas Demetriades, told CNA today ''this is the first time Turkey is held accountable in the international scene for human rights violations in Cyprus' Turkish-occupied areas.''

Article 1 of Protocol 1 stipulates that ''every natural or legal person is entitled to the peaceful enjoyment of his possessions.''

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[02] Immense effects of Euro Court decision on Cyprus

Nicosia, Dec 18 (CNA) -- President Glafcos Clerides said a decision today by the European Court of Human Rights, which found Turkey guilty of continuing human rights violations, will have immense effects on the Cyprus problem.

Titina Loizidou, brought her case against Turkey alleging violation of her right to peacefully enjoy her property in the Turkish occupied northern part of the island.

Describing the decision as a ''great success'', President Clerides noted that Loizidou's case was justified even though it was over a holiday residence and she was not living permanently in the area.

''The effects of such a decision can be even greater, if we take into account the cases of permanent residents forced to abandon their homes,'' Clerides added.

The importance of the Court decision was also pointed out by Attorney General, Alecos Markides.

A press release, issued by the Court Wednesday said, the European Court ''held that the denial to the applicant of access to her property in the northern part of Cyprus and consequent loss of control thereof was imputable to Turkey and amounted to a violation of the applicant's property rights, under Article 1 of Protocol 1 to the European Convention of Human Rights.''

The Court also held ''unanimously that there had been no interference with the applicant's right to respect for her home under Article 8 of the Convention, and that the question of just satisfaction under Article 50 was not yet ready for decision and should be reserved.''

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[03] Historic decision for Cyprus

Nicosia, Dec 18 (CNA) -- Attorney General Alecos Markides described a decision by the European Court of Human Rights, which found Turkey accountable for violations of human rights in Turkish occupied Cyprus, as ''historic.''

Today's ruling marks an unprecedented move which offers the opportunity to hundreds of Greek Cypriot refugees to claim their right to use and enjoy their property, in the Turkish occupied part of the Republic.

The Court found Turkey responsible for continuing violation of human rights in the Turkish occupied areas of Cyprus and said in its ruling that it ''holds by eleven votes to six that the denial of access to the applicant's property and consequent loss of control thereof is imputable to Turkey.''

The Court's decision was warmly welcomed by lawyer Achilleas Demetriades who argued the case before the European Court on behalf of his client, Greek Cypriot refugee Titina Loizidou from Turkish occupied Kyrenia town.

Speaking at a press conference, the Attorney General said ''the ruling is a landmark in the history of law relating to human rights and the development of international law.''

This decision, he added, by such a legal body proves there is faith in the role of international law and the Convention of human rights.

Markides noted the importance of the decision in that it holds Turkey responsible for human rights violations since it controls the occupied part of the island and rejected Turkey's arguments that it bears no responsibility in this part of Cyprus.

''The violation of human rights by Turkey is continuing,'' Markides explained and referred to the text of the decision which says that the Turkish army ''exercises effective overall control in northern Cyprus'' through a large number of troops ''engaged in active duties there.''

The decision also states that the ''Republic of Cyprus remains sole legitimate government of Cyprus'' and the international community does not regard the puppet regime in occupied Cyprus as a state under international law.

Replying to press questions, Markides said ''my purpose is not to encourage or discourage other Cypriots but to explain the decision.''

He also explained that peace negotiations for a political settlement of the Cyprus question are not related to a case such as this one.

Achilleas Demetriades, lawyer of Greek Cypriot refugee Titina Loizidou who took Turkey to Court seven years ago, told the press conference the ruling acknowledges that the property in question ''was, is and will remain the property of my client.''

He explained that he has already asked for half a million Cyprus pounds in compensation (about one million US dollars) with regard to the denial of access to the property and has also asked to exercise freely the right to peacefully enjoy her property.

Should Turkey refuse to pay up damages, the applicant can ask for today's ruling to be implemented with regard to Turkey's property or funds allocated to the country by international organisations.

Polis Polyviou, lawyer with the government's legal department, described the decision as ''historic'' because it makes clear that Turkey is responsible for what happens in the occupied areas and points out that legal rights exist irrespective of military circumstances.

''Perhaps more importantly, the decision does not recognise any legal status to the illegal Turkish Cypriot regime in occupied Cyprus, which in turn would render any attempt to recognise this self-styled entity almost impossible,'' Polyviou said.

In a statement from Strasbourg, Loizidou said the decision was ''a victory for Cyprus and proves that Europe does recognise justice and cares that justice should be done.''

''It is a very important decision, not only for me but for all the Cypriot refugees who have not been able to go home and to their properties since 1974,'' the statement added.

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[04] Enormous consequences expected from European Court decision

Dec 22 1996 (Cyprus PIO). President Glafcos Clerides said that yesterday's decision by the European Court of Human Rights, which found Turkey guilty of violating Greek Cypriot refugee Titina Loizidou's property rights, was a "great success".

He said the case is expected to have enormous consequences in that, while Titina Loizidou's case concerned her holiday home, there are tens of thousands of others who were forced to abandon their permanent homes when Turkey invaded and occupied the northern part of the island in 1974.

The importance of the Court decision was also underlined by Attorney General, Alecos Markides, who described it as ''historic". He said it was crucial in that it dismissed Turkey's claims that it cannot be held responsible for events in northern Cyprus.

"This decision states clearly that Turkey is imputable for what happens in the part of Cyprus it controls", he said.

The Court found Turkey responsible for continuing violation of human rights in the Turkish occupied areas of Cyprus and said in its ruling that it "holds by eleven votes to six that the denial of access to the applicant's property and consequent loss of control thereof is imputable to Turkey".

The Court, moreover, refused to accept the legitimacy of the breakaway regime subsequently set up in occupied Cyprus and states that the Republic of Cyprus remains sole legitimate government on the island.

Speaking at a press conference, the Attorney General said "the ruling is a landmark in the history of law relating to human rights and the development of international law".

This decision, he added, by such a legal body proves there is faith in the role of international law and the Convention of Human Rights.

A press release issued by the Registrar of the European Court of Human Rights on 18.12.96 reads as follows:

"Judgement in the case of Loizidou v. Turkey

In a judgement delivered in Strasbourg on 18 December 1996 in the case of Loizidou v. Turkey (Merits), the European Court of Human Rights dismissed the Government's preliminary objection ratione temporis that the Court could not examine the complaint because it concerned matters which occurred prior to Turkey's acceptance of its jurisdiction (11 votes to 6) and held that the denial to the applicant of access to her property in the northern part of Cyprus and consequent loss of control thereof was imputable to Turkey(11 votes to 6) and amounted to a violation of the applicant's property rights under Article 1 of Protocol No 1 to the European and Convention on Human Rights (11 votes to 6). It also held unanimously that there had been no interference with the applicant's right to respect for her home under Article 8 of the Convention, and that the question of just satisfaction under Article 50 was not yet ready for decision and should be reserved".

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[05] ECHR - decision on Loizidou's case

Nicosia, Jul 29 1998 (CNA) -- Cyprus described as a "landmark" a European Court of Human Rights (ECHR) decision to order Turkey to pay 300,000 CYP pounds damages to a Greek Cypriot refugee for the continued violation of her right to peaceful enjoyment of her property.

Attorney-General, Alecos Markides, told reporters today that the ECHR ordered Turkey to pay pecuniary damages of 300,000 CYP pounds (one pound is about 2 US dollars) to Titina Loizidou from the Turkish occupied town of Kyrenia, a further 20,000 for non-pecuniary damage and 137,084 for her costs and expenses.

In its decision, the ECHR dismissed by 15-2 Turkey's claim that Loizidou, has no entitlement to an award of just satisfaction under Article 50 of the Convention.

With the ruling, Markides said Loizidou's legal battle over the violation of her right of property, which began in 1989 ended.

Markides said the amount of 300,000 was assessed as the loss suffered by Loizidou with reference to the annual ground rent, calculated as a percentage of the market value of the property that could have been earned on her properties between 1989-1997.

The Attorney-General said the Council of Ministers of the Council of Europe will monitor the implementation of the ruling. He said the amount should be collected within three months from the date of the issue of the ruling.

A simple interest at an annual rate of 8 percent shall be payable on all amounts from the expiry of the three months until settlement.

Markides noted that the decision sets a "precedent" and can be characterised as a "landmark in the history of law".

The ruling stressed that in the light of the December 1996 decision, Loizidou "is still the legal owner of the property, no issue of expropriation arises...and that her claim is this confined to the loss of use of the land and the consequent lost opportunity to develop or lease it".

He stressed that the pecuniary damages cover only the period 1990-1997.

Asked if a new petition will be lodged, since Turkey continues to deprive refugees from their right to return to their properties, The Attorney-General stressed that the Council of Ministers has an obligation to make Turkey give access to Loizidou's property.

Markides said there are hundreds of applications pending before the ECHR but following the decision on Loizidou, the procedure is underway for the remaining petitions which will be examined by the new European Court.

Invited to say what will happen if Turkey does not comply with the ruling, Markides said that "no state has been able to get away from an ECHR decision".

In its ruling in December 1996, the ECHR found Turkey guilty of continuous human rights violations with respect to the peaceful enjoyment of Loizidou's property.

It ordered that within the next six months the applicant and the Turkish government submit written observations with respect to the issue of compensation and costs.

It is the first time an international legal body has condemned Turkey and ordered the country to pay damages over human rights violations as a result of the continuing Turkish occupation of Cyprus' northern areas.

Loizidou was represented by Achilleas Demetriades, a prominent Nicosia lawyer.

The Cyprus government was represented by the Attorney General and his team of barristers and counsels, while Stephan Trechsel represented the European Commission of Human Rights, as well as representatives of the Turkish government.

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[06] Turkey fails to meet compensation deadline for Titina Loizidou

MPA 28/10/98

The Cypriot government has announced that Turkey has failed to comply with the Titina Loizidou compensation deadline as imposed by the European Court of Human Rights.

According to Cypriot news reports, Thalia Petridou, the Cypriot government's permanent representative in Strasbourg, Turkey has not yet paid the '320,000 in compensation following a ruling by the European Court of Human Rights in favor of Ms. Loizidou.

"It seems that Turkey is not prepared to pay the compensation now or in the immediate future," ambassador Petridou stated from Strasbourg.

Turkey has tried to divert attention by adopting a European Commission on Human Rights decision, which it says is contrary to the court's.

Turkey has been ordered to pay the compensation to Ms. Loizidou for denying her access to her home and property in Kerynia.

Any decision on action against Ankara has been postponed until December 18, when a European ministerial committee will meet to examine the situation.

Ankara claims it has no responsibility for what goes on in the occupied areas and says the court should address its complaints to the Denktash regime.

Although Turkey disputes the "landmark" ruling for Cyprus, there is no precedent of a member state failing to comply with a Court decision.

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[07] Turkey must respect European Court's judgement on case of Loizidou v Turkey

PIO: Monday, 1 March 1999

The British government stated last Thursday that Turkey must implement the European Court of Human Rights' judgement in the case of Loizidou v Turkey.

In a written reply to a question in the House of Lords regarding the action the British government will take in the Council of Europe if the judgement is not enforced, British Minister of State, Baroness Symons of Vernham Dean said that Turkey has the responsibility of implementing the judgement.

She also noted that "we have reminded Turkey in the Committee of Ministers of these responsibilities and will continue to do so".

Moreover the British Minister added that "We have made clear to Turkey the need to respect the Court's judgement .Turkey has confirmed its wish to uphold the authority of the European Court of Human Rights".

According to the European Court's judgement Turkey must pay to Titina Loizidou the sum of Cyprus pounds 300,000 as a pecuniary compensation for depriving her of her right to peacefully enjoy her property in the occupied areas, as a result of the presence of Turkish troops there. According to the report, Turkey is also held responsible for the continuous violation of Human Rights in northern Cyprus.

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[08] Council of Europe - Turkey - Cyprus - Resolution

by Maria Myles

Nicosia, Oct 6 1999 (CNA) -- The Committee of Ministers of the Council of Europe has strongly urged Turkey in a resolution to comply with a European Court of Human Rights decision calling on Ankara to pay compensation to a Greek Cypriot for continuous violation of her human rights in Cyprus.

Today's development was welcomed by many quarters, including legal circles, who described it as an additional pressure lever on Turkey to meet its obligations to the CoE and who pointed out that it would be rather difficult for Turkey to push for candidacy status in the European Union at a time when it refuses to abide by European norms and regulations.

The Committee, which met today in Strasbourg, adopted by 36 votes in favour, one against and one abstention an interim resolution which "strongly urges Turkey to review its position and to pay the just satisfaction awarded in this case in accordance with the conditions set out by the European Court of Human Rights so as to ensure that Turkey, as a high contracting party, meets its obligation under the Convention (European Convention on Human Rights)."

Titina Loizidou, the Greek Cypriot who won her case against Turkey before the Court, told CNA that "today's decision reaffirms that the system (for protecting human rights) should work and that this same system, which issued the judgement, must implement its own decisions."

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[09] Cypriots file new case against Turkey before European Court of Human Rights

PIO: Friday, 21 January 2000

A new application against Turkey for violations of human rights in Cyprus will go before the Council of Europe's European Court of Human Rights today.

Three Greek-Cypriot expatriates originally from the village of Lefkoniko but now in the UK, the US and Australia, are suing Turkey for denying them access to and use of their properties, which have been incorporated into a major Turkish military airbase on the outskirts of the village and inaccessible to them since the 1974 Turkish invasion of Cyprus because of the presence of the Turkish armed forces.

The case is based on the decision of the European Court of Human Rights that held Turkey responsible for human rights violations in the area of Cyprus under its military control and ordered it to compensate Kyrenia refugee Titina Loizidou for depriving her of the use of her property.

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