MINISTERS’ DEPUTIES

Notes on the Agenda

CM/Notes/1280/H46-31

10 March 2017

1280th meeting, 7-10 March 2017 Human rights   H46-31 Cyprus v. Turkey (Application No. 25781/94) Supervision of the execution of the European Court’s judgments Reference documents: ResDH(2005)44, CM/ResDH(2007)25, H/Exec(2014)8, DH-DD(2016)688, DH-DD(2016)707, CM/Del/Dec(2016)1259/H46-33

 

Application	Case	Judgment of	Final on	Indicator for the classification
25781/94	CYPRUS v. TURKEY	10/05/2001 12/05/2014	Grand Chamber	Inter-state case

Case description

The case concerns fourteen violations in relation to the situation in the northern part of Cyprus since the military intervention by Turkey in July and August 1974 concerning:

- homes and immovable property of displaced Greek Cypriots (violation of Article 8 and 13 and Article 1 of Protocol No. 1)

- living conditions of Greek Cypriots in the Karpas region of the northern part of Cyprus (violation of Articles 3, 8, 9, 10 and 13 and Articles 1 and 2 of Protocol No. 1)

- Greek Cypriot missing persons and their relatives (violation of Articles 2, 3 and 5)

- rights of Turkish Cypriots living in northern part of Cyprus (violation of Article 6).

Status of execution

I. Issues currently examined by the Committee of Ministers

1) Home and immovable property of displaced Greek Cypriots (forthcoming examination 1280^th meeting, March 2017)

a) Measures taken by the respondent State and findings of the European Court in this respect

Following the judgment of 22/12/2005 in the Xenides-Arestis case, an "Immovable Property Commission" was set up in the northern part of Cyprus under "Law No. 67/2005 on the compensation, exchange or restitution of immovable property". In its inadmissibility decision in Demopoulos and others, delivered on 5 March 2010, the Grand Chamber found that Law No. 67/2005, which set up the Immovable Property Commission in the northern part of Cyprus, "provides an accessible and effective framework of redress in respect of complaints about interference with the property owned by Greek Cypriots" (§ 127 of that decision).

In the judgment Cyprus v. Turkey (just satisfaction), delivered on 12 May 2014, the Court found that Turkey had not yet complied with the conclusion of the main judgment according to which there had been a violation of the property rights of displaced persons as they had been denied access to and control, use and enjoyment of their property as well as any compensation for the interference with their property rights. The Court said that “the compliance” with this conclusion “could not be consistent with any possible permission, participation, acquiescence or otherwise complicity in any unlawful sale or exploitation of Greek Cypriot homes and property in the northern part of Cyprus”.

The Court also said that “the Court’s decision in the case of Demopoulos and Others to the effect that cases presented by individuals concerning violation of property complaints were to be rejected for non-exhaustion of domestic remedies, cannot be considered, on its own, to dispose of the question of Turkey’s compliance with section III of the operative provisions of the principal judgment in the inter-State case” (see § 63 of the judgment on just satisfaction of 12 May 2014).

b) Latest examination of the Committee of Ministers[1]

On 30 May 2016, the delegation of Cyprus also submitted a memorandum on the property rights of displaced persons (DH-DD(2016)688). The Turkish delegation submitted a memorandum on this issue on 3 June 2016 (DH-DD(2016)707).

In the Cypriot authorities’ view, in order to comply with the main judgment, Turkey had inter alia to introduce measures to put an end to all transfers of immovable property belonging to displaced Greek Cypriots and ban all construction activities on such properties without the consent of the owners. The Turkish authorities considered the Turkey had already taken the measures required for the execution of this part of the judgment with the setting-up of the Immovable Property Commission. They also referred to protective measures prohibiting the sale and improvement of property which had been returned to its owners by the Commission or which would be returned, in accordance with its decisions, after the solution of the Cypriot problem.

At its 1259^th meeting (June 2016) (DH), the Committee decided to resume consideration of the issue of the homes and immovable property of displaced Greek Cypriots at its 1280^thmeeting (March 2017) (DH).

2) Property rights of Greek Cypriots residing in the northern part of Cyprus (forthcoming examination 1288^th meeting, June 2017)

The measures taken by the respondent State are summarised in the information document CM/Inf/DH(2013)23 prepared by the Secretariat.

At its 1172^nd meeting (June 2013) (DH), the Committee took note of the assessment of these questions presented in the above-mentioned information document. It invited interested delegations to provide the Secretariat by 30 June 2013 with the precise questions they considered still needed to be clarified and decided to resume the examination of the property rights of enclaved persons at the latest at its 1201^st meeting (June 2014), in the light of the responses submitted by the Turkish delegation to these questions. Only the delegation of Cyprus submitted questions within the time limit (see DH-DD(2013)741).

The Turkish authorities replied to these questions in a memorandum submitted on 04/04/2014 (see
DH-DD(2014)457). The Cypriot authorities submitted a memorandum on this issue by letter dated 19 May 2014 (see DH-DD(2014)697).The Turkish authorities presented an additional memorandum on 30 May 2014 (see DH-DD(2014)722).

At its 1236^th meeting (September 2015) (DH), the Committee expressed its appreciation of the measures taken as regards the property rights of enclaved Greek Cypriots and their heirs. It wished however to examine the possible consequences for these questions of the just satisfaction judgment of 12 May 2014. Therefore, it decided to come back to this question in June 2016 following its debate foreseen in December 2015 on the impact of the just satisfaction judgment in the context of the discussion on the property rights of displaced persons. At the 1243^rd meeting (December 2015) (DH), the Committee decided to postpone the examination of this case and to come back to the issue of the property rights of the enclaved persons at its 1265^th meeting (September 2016) (DH). At this latter meeting, it decided to resume consideration of this issue at the June 2017 DH meeting.

3) Greek Cypriot missing persons and their relatives (forthcoming examination 1294^th meeting, September 2017)

The principal developments as regards the status of execution of this issue are reflected in the decision adopted by the Committee at its 1273^rd meeting (December 2016) (DH). The Deputies noted with interest the information provided by the Turkish authorities on the measures adopted to accelerate the access of the Committee on Missing Persons in Cyprus (CMP) to the military zones located in the northern part of Cyprus. They also noted with interest the information on the setting-up of an archive committee, established by the Turkish side, in August 2016, with the mandate to examine the relevant archives for the information requested by the CMP on the burial sites and the location of remains.

In view of the passage of time, the Deputies called upon the Turkish authorities to pursue their proactive approach to providing the CMP with all necessary assistance to continue to achieve tangible results as quickly as possible.

They took note moreover of the updated information presented by the Turkish authorities on the progress made in the investigations conducted by the Missing Persons Unit. The Deputies reiterated their call upon the Turkish authorities to ensure the effectiveness of all these investigations and their rapid conclusion and invited them to continue to keep the Committee informed of the progress made, and in particular in relation to the investigation concerning Andreas Varnava. In this connection, they also invited the Turkish authorities to transmit to the Committee information on the conclusion given in the final reports in the investigations finalised so far.

The Deputies insisted once again on the unconditional obligation to pay the just satisfaction awarded by the European Court and reiterated their call upon the Turkish authorities to pay without delay the sums awarded in the judgment of 12 May 2014. They decided to resume consideration of the issue of missing persons at their 1294^th meeting (September 2017) (DH).

II. Issues which have not yet been examined by the Committee

1) Breach of the right to respect for privateand family lifeand home of Greek Cypriots living in northern Cyprus, in particular arising from the restrictions on family visits and the surveillance of their contacts and movements (violation of Article 8);

2) Discrimination against Greek Cypriots living in the Karpas region amounting to degrading treatment due to the restrictions imposed on their community (violation of Article 3). This finding was based in particular on:

- restrictions imposed on freedom of movement;

- surveillance to which the community was subjected;

- absence of prospects for renewal or enlargement of the community;

- absence of secondary education;

- impossibility to bequeath immovable property to members of the family.

3) Lack of remedies in respect of the authorities’ interference with the rights of Greek Cypriots living in northern Cyprus under Articles 3, 8, 9 and 10 of the Convention and under Article 2 of Protocol No. 1 (violation of Article 13).

III. Issues whose examination has been closed:

Following the measures adopted by the authorities of the respondent State with a view to complying with the present judgment, the Committee of Ministers decided to close the examination of the following issues:

1) living conditions of Greek Cypriots in northern Cyprus as regards secondary education, censorship of schoolbooks and freedom of religion (violation of Articles 9 and 10 and of Article 2 of Protocol No. 1),

2) rights of Turkish Cypriots living in the northern part of Cyprus (competence of military courts) (violation of Article 6).

For more details, see Interim Resolutions ResDH(2005)44 and CM/ResDH(2007)25.

IV. Just satisfaction awarded by the Court in its judgment of 12 May 2014

In this judgment, the Grand Chamber said that Turkey was to pay the Government of Cyprus 30,000,000 euros in respect of non-pecuniary damage suffered by the relatives of missing persons and 60,000,000 euros in respect of non-pecuniary damage suffered by the enclaved Greek Cypriot residents of the Karpas peninsula. The Court indicated that these amounts should be distributed by the Government of Cyprus to the individual victims under the supervision of the Committee of Ministers within eighteen months of the date of the payment or within any other period considered appropriate by the Committee of Ministers.

At each of its meetings since June 2015 the Committee has recalled that the obligation to pay the just satisfaction awarded by the Court is unconditional and called upon the Turkish authorities to pay the sums awarded in the judgment on just satisfaction of 12 May 2014.

Financing assured: YES