Strasbourg dances around the Cypriot question

Recently, the Strasbourg Court declared inadmissible a series of applications by Greek-Cypriot applicants claiming a violation of their property rights due to the continued occupation of the Northern part of Cyprus by Turkey.

The eight admissibility cases were the first such applications to be examined by the Court following the pilot-judgment Xenides-Arestis v. Turkey (app. no. 46347/99, 2006) in which the Chamber had found a violation of articles 8 and 1 Protocol 1. In Xenides-Arestis v. Turkey the Court had instructed Turkey to introduce a remedy which secures genuinely effective redress for the Convention violations.

In the decisions of Demopoulos and others v. Turkey and 7 similar cases, the Grand Chamber of the Court declared the applicants’ claims inadmissible due to non exhaustion of domestic remedies. The Grand Chamber was of the opinion that the amended Compensation Law, as enacted by the authorities of the “Turkish Republic of Northern Cyprus” (“TRNC”) following the pilot-judgment, provided an accessible and effective framework for redress. It came to this decision despite, inter alia, claims of a lack of subjective impartiality of the responsible body, the Immovable Property Commission (IPC), which features Turkish military personnel among its members, who are all appointed by the “TRNC” President.

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