{"id":19284,"date":"2010-05-28T17:10:28","date_gmt":"2010-05-28T15:10:28","guid":{"rendered":"http:\/\/www.turkishforum.com.tr\/en\/content\/?p=19284"},"modified":"2012-07-30T13:33:07","modified_gmt":"2012-07-30T10:33:07","slug":"turks-won-2nd-property-case-at-the-echr","status":"publish","type":"post","link":"https:\/\/www.turkishnews.com\/en\/content\/2010\/05\/28\/turks-won-2nd-property-case-at-the-echr\/","title":{"rendered":"Turks won 2nd Property Case at the ECHR"},"content":{"rendered":"

ECHR RULING<\/span><\/strong><\/p>\n

GREEK CYPRIOTS LIVING SECOND SHOCK IN PROPERTY CASES AT ECHR<\/p>\n

The\u00a0Greek Cypriot Administration\u00a0is living its second shock following a new ruling concerning property in Cyprus . Following the ruling in April which recognised the North Cyprus based\u00a0Immovable Property\u00a0Commission as being able to provide a domestic\u00a0legal remedy\u00a0to\u00a0Greek Cypriots, a second ruling made yesterday has also gone against the Greek Cypriots concerning the use of property in Northern Cyprus which previously belonged to\u00a0Greek Cypriots. <\/strong>Let\u2019s view our report\u2026.<\/p>\n

The European Court of Human Rights\u00a0had made a ruling in April which recognised the North Cyprus based Immovable Property Commission as being able to provide an effective domestic legal remedy to\u00a0Greek\u00a0Cypriot applicants, even though it recognised the body as being a subordinate authority of Turkey.\u00a0 The same ruling had also ruled that cases can be resolved through compensation, exchange and restitution \u2013 and another striking feature of the ruling was that the\u00a0human right\u00a0of the current property possessor also had to be respected.<\/p>\n

Following this ruling, two more Greek Cypriot brought cases against Turkey concerning property in the\u00a0TRNC\u00a0was dealt with and a ruling was made by the ECHR yesterday. The two cases of \u201cAsproftas and Petrakidu\u201d were brought under Article 8 of the\u00a0Convention for the Protection of Human Rights and Fundamental Freedoms, which says: <\/strong><\/p>\n

\u201cCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, ARTICLE 8:<\/strong><\/span><\/strong><\/p>\n

<\/strong><\/p>\n

1. Everyone has the right to respect for his private and family life,\u00a0his home<\/span><\/strong><\/p>\n

and his correspondence.<\/strong><\/p>\n

2 There shall be no interference by a public authority with the exercise of<\/strong><\/p>\n

this right except such as is in\u00a0accordance with the law\u00a0and is necessary<\/strong><\/p>\n

in a democratic society in the interests of national security, public safety<\/strong><\/p>\n

or the economic well-being of the country\u2026<\/strong><\/p>\n

<\/strong><\/p>\n

The two cases alleged that Turkey had violated this Article, particularly the part of the Article referring to \u201chis home.\u201d However the case had actually been brought by the next of kin (children) of the original, previous owner.<\/p>\n

The question which the court sought to answer was whether the \u201cnext of kin\u201d or children could benefit from this Article. In the two cases, it was alleged that the applicants had lived in the properties until 11-12 years of age, and so it was argued that the term \u201cfamily home\u201d covered them. However the ECHR ruled that the Article was not applicable, and the ruling means that the respecting family life, his home and correspondence has not passed to the new generation of Greek Cypriots, whose families may have possessed property in North Cyprus prior to the Turkish peace intervention in 1974.<\/p>\n

The ruling of the ECHR did not stop there. According to\u00a0Greek Cypriot press\u00a0reports, the ruling has also stated that when such applications were being made, \u201cthere was a need to have a manifest concrete relation to the property with no weaknesses\u201d. The court ruled that this was not the case in these cases.\u00a0It also said that \u201cthey should not have realistic expectations\u201d of seeking to reinstate\u00a0legal rights\u00a0on a property following the long passing of time.<\/p>\n

The ECHR ruling has once again gone against the Greek Cypriot point of view that \u201cProperty Rights belong to the original owner\u201d.<\/p>\n

Source: ATCA, London<\/p>\n","protected":false},"excerpt":{"rendered":"

ECHR RULING GREEK CYPRIOTS LIVING SECOND SHOCK IN PROPERTY CASES AT ECHR The\u00a0Greek Cypriot Administration\u00a0is living its second shock following a new ruling concerning property in Cyprus . Following the ruling in April which recognised the North Cyprus based\u00a0Immovable Property\u00a0Commission as being able to provide a domestic\u00a0legal remedy\u00a0to\u00a0Greek Cypriots, a second ruling made yesterday has […]<\/p>\n","protected":false},"author":83,"featured_media":28988,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[211,922],"tags":[944,3041],"class_list":["post-19284","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-cyprus-trnc","category-world","tag-the-european-court-of-human-rights","tag-immovable-property-commission"],"_links":{"self":[{"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/posts\/19284","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/users\/83"}],"replies":[{"embeddable":true,"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/comments?post=19284"}],"version-history":[{"count":0,"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/posts\/19284\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/media\/28988"}],"wp:attachment":[{"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/media?parent=19284"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/categories?post=19284"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.turkishnews.com\/en\/content\/wp-json\/wp\/v2\/tags?post=19284"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}