ECHR Shows Greek Cypriots Address for Property Ownership Cases, Turkish Cyprus
By Emre Demir, Suleyman Kurt
Published: Friday, December 23, 2005
zaman.com
On Thursday, the European Court of Human Rights (ECHR) concluded the critical property case that Turkey and the Turkish Republic of Northern Cyprus (TRNC) are closely interested.
In the case of Myra Xenides-Arestis, the Court ruled Turkey committed a violation of property, but would not have to pay compensation.
The court demanded to form an efficient domestic judiciary means in Northern Cyprus.
The ruling, disappointing the Greek Cypriots, is an important step in terms of recognizing the TRNC domestic judiciary.
ECHR did not rule for compensation and aimed at orienting the Greek Cypriots to the Compensation Commission set up in Turkish Cyprus.
The judgment serving as a model for nearly 2,400 Greek Cypriot applications also annulled the Loizidou case that sentenced Turkey to pay a 1.1 million-euro compensation. As a result, Turkey will be able to dismiss a financial burden of nearly $40 billion.
The Court's decision is expected to appeal the judgment and Ankara found the decision as "positive and important". Arestis's lawyer told Zaman this "is not a negative development."
The ECHR decision about Arestis, who stated she has been unable to go to her house in TRNC since 1974, is of critical importance for it serves as a model for 1,400 cases and nearly 1,000 applications made by the Greek Cypriots.
Set up of efficient court required
Turkey is asked to set up an efficient court so that the Greek Cypriots can make their property applications within three months and the Arestis case can be examined. In the decision taken with one vote against six, the Turkish judge, Riza Turmen, objected to the acknowledgement of Turkey as an occupier. The approval of the decision by Armenian judge Alvina Gyulumian attracted notice.
Turkish diplomats at the Council of Europe found the Arestis decision closer to the Turkish theses and noted the ECHR disappointed the Greek Cypriot administration expectations.
Turkish resources assessing the judgment to Zaman Daily said: "Though Turkey seems as the only addressee, the fact that the recognition of a judiciary organ set up by TRNC Parliament is given a green light is the most important aspect of the decision. It was already not possible for the TRNC, which is not a part of the convention, to be a part for the case. However, this is a very important step."
In the Arestis case, The ECHR recommended the compensation commissions should match the ECHR standards and swing into operation within six months.
ECHR sets conditions
The Court also set conditions that Judges who reside in the Greek estates should not participate in the cases, two foreign country representatives should sit at the commission bench, and the commission should be able to return the property when necessary.
The Court authorities told Zaman the decisions were written two weeks before their announcements; therefore, the law approving TRNC is not mentioned in the text. The Greek Cypriot side, on the other hand, is working for a draft law to bring criminal sanctions to prevent citizens from resorting to the commission.
TRNC Foreign Minister Serdar Denktas taking the ruling positively said the Compensation Commission should be formed swiftly. The Greek Cypriot administration Spokesman, Kypros Hrisostomidis, to the contrary said the ECHR should have reached a more European decision, as he expressed discontent towards the verdict.
Ankara on ECHR Ruling: A Positive and Important Decision
Ankara evaluates the verdict of the European Court of Human Rights in the Arestis case as an "important and positive" ruling and the diplomats comment,, "Turkish Republic of Northern Cyprus (TRNC) Parliament has the capacity to establish its own domestic law and the decision is the proof."
According to Ankara, the decision about the case is selected to be the "pilot case" among 46 similar cases so it affects not only this particular case but all other proceeding cases similar to the Aresitis file.
"The Loizidou decision had created a consensus for similar cases. The latest decision made the application of this to be delayed also. A new process has started. Since 2000, the decisions of the European Court of Human Rights (ECHR) have accepted there is a "de facto" domestic law in TRNC. With the recent decision, The European Court accepts TRNC has the capacity to make its own domestic laws;" however, they also noted the decision does not mean recognition of TRNC.
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