Strasbourg, France. The Council of Europe’s committee of ministers is set to examine the Immovable Property Commission and the situation regarding Greek Cypriots’ access to property and compensation for lost immovable property in northern Cyprus this week. The review will take place between Tuesday and Thursday as the committee considers the implementation of European Court of Human Rights rulings, including the Xenides-Arestis case.
Committee review of ECtHR rulings
The Xenides-Arestis ruling, issued in 2005, ordered that Greek Cypriots who lost immovable property as a result of Turkey’s 1974 invasion of the island and who seek compensation should be adequately compensated.
The ruling led to the creation of the Immovable Property Commission in Nicosia in 2005. The commission is operated by the Turkish Cypriot authorities and is intended to “establish an effective domestic remedy for claims relating to abandoned properties in northern Cyprus”.
Cyprus position on the commission
Ahead of the ministers’ meeting, the governments of Cyprus and Turkey submitted documents to the Council of Europe. The Cypriot government said that, contrary to earlier findings by both the ECtHR and the committee of ministers, the Immovable Property Commission does not constitute an effective domestic remedy.
Cyprus said that in December last year, the committee of ministers had “exhorted Turkey to comply with its unconditional obligation to pay the sums awarded by the [ECtHR], together with accrued default interest, without further delay”.
It also said the committee had found that “there is no obligation on the applicants to apply to the IPC or to take any other procedural steps before the sums awarded to them by the [ECtHR] are paid by Turkey”.
Outstanding compensation
The Cypriot government said that various rulings regarding abandoned Greek Cypriot property in northern Cyprus have raised the total amount owed by Turkey to “more than €57 million”.
It said it “encourages the committee to repeat its insistence that these sums be paid immediately and without condition”.
“Cyprus has given its reasons for considering the IPC to be an ineffective remedy,” it said, adding that in the “majority” of cases related to the Xenides-Arestis case, “just satisfaction still remains unpaid, despite no fewer than four interim resolutions”.
On that issue, Cyprus said it “deplores Turkey’s failure in this respect, and reiterates its position that payment cannot be conditional on recourse to the IPC”.
