Lexploria

AS TO THE ADMISSIBILITY OF

Application No. 16654/90

by Soula ZAVOU and 160 others

against Turkey

The European Commission of Human Rights sitting in private on

29 August 1994, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

A. WEITZEL

F. ERMACORA

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

Mrs. G.H. THUNE

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

M.A. NOWICKI

I. CABRAL BARRETO

B. CONFORTI

N. BRATZA

I. BÉKÉS

J. MUCHA

E. KONSTANTINOV

D. SVÁBY

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 26 January 1990

by Soula ZAVOU and 160 others against Turkey and registered on

31 May 1990 under file No. 16654/90;

Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The application is brought by 161 women (see Appended list) who

are Cypriot citizens, born in and former residents of Famagusta, in

northern Cyprus, where Turkish military forces have been stationed

since 1974. All applicants are members of the Famagusta Women's

Association. Before the Commission they are represented by

Mr. Adamos Adamides, a lawyer practising in Limassol.

The facts of the case as they have been submitted by the

applicants may be summarised as follows:

The applicants state that during the invasion of July 1974 the

Turkish troops evicted them from their homes and forced them to leave

Famagusta and flee to the south. Since 1974 the town of Famagusta is

under Turkish military occupation.

As a result of the invasion the Turkish military authorities have

occupied and used their homes and properties and have prevented them

from having access to and using their houses and possessing their

properties, from exercising their right to have respect for their

homes and from enjoying their home town and from moving freely to the

town of Famagusta.

The applicants repeatedly made several attempts to return to

their homes and properties in Famagusta. On all occasions they were

prevented by the Turkish troops from walking home. On 23 December 1989

they made a last attempt but they were not allowed through by the

Turkish troops. They are continuously prevented from entering the

northern part of Cyprus because of their Greek-Cypriot origin.

COMPLAINTS

The applicants allege that the facts, as stated above, disclose

violations of Articles 8, 13 and 14 of the Convention, Article 1 of

Protocol N° 1 and Article 2 of Protocol N° 4 to the Convention.

They state that since the invasion of the northern part of Cyprus

in July 1974 on various occasions Turkey has prevented them, because

of their religion and national origin, from returning to their homes

and properties and moving freely to northern Cyprus, from exercising

their rights to respect for their homes and to peaceful enjoyment of

their possessions in breach of Articles 8, 13 and 14 of the Convention,

Article 1 of Protocol N° 1 and Article 2 of Protocol N° 4.

THE LAW

1. The applicants complain under Articles 8, 13 and 14

(Art. 8, 13, 14) of the Convention, Article 1 of Protocol No. 1 (P1-1)

and Article 2 of Protocol No. 4 (P4-2) to the Convention of a

continuing violation by Turkish authorities of the rights guaranteed

by these provisions.

2. With regard to the applicants' complaints under Article 2 of

Protocol No. 4 (P4-2) to the Convention, the Commission notes that

Turkey is not a Party to this Protocol. It follows that this part of

the application must be declared inadmissible under Article 27 para. 2

(Art. 27-2) as being incompatible ratione personae with the provisions

of the Convention.

3. With regard to the remainder of the application the Commission

notes that similar issues are pending before the Court in the Loizidou

v. Turkey case. The Commission considers that it cannot at this stage

on the basis of the file determine the admissibility of these

complaints. It finds it necessary to give notice of these complaints

to the respondent Government, without asking for their observations at

this stage, and to adjourn its further examination of the application

pending the Court's determination of the Loizidou case.

For these reasons, the Commission, unanimously

DECLARES INADMISSIBLE the applicants' complaints under Article

2 of Protocol No. 4 (P4-2) to the Convention;

DECIDES TO ADJOURN its examination of the remainder of the

application.

Secretary to the Commission President of the Commission

(H. C. KRÜGER) (C. A. NØRGAARD)

ANNEX

The applicants of the present Application, born and all permanent

residents of Famagusta until July 1974 and since then most of

them residents of Limassol, are:

1. Soula ZAVOU, born in 1950.

2. Clairi ANGELIDOU, born in 1932 in Nicosia, President of the

Association.

3. Iris PROCOPIOU, born in 1944, Secretary.

4. Chrystalleni LOUCA, born in 1928, Treasurer.

5. Loula HILIMINDRI, born in 1914, Member.

6. Elli SAVERIADOU, born in 1925, Member.

7. Lenia CHRYSOSTOMOU, born in 1936 in Larnaca, Member.

8. Elenitsa MATTHEOU, born in 1938, Member.

9. Loula KALOGERAKI, born in 1946.

10. Ellada HADDJIPAVLI, born in 1945.

11. Stavroula PATSALIDOU, born in 1935.

12. Antigoni ANTONIADOU, born in 1923 in Fiti.

13. Mary PIERIDOU, born in 1937 in Limassol.

14. Hebe KALLI, born in 1937.

15. Photini NEOPHITOU, born in 1928.

16. Anna HADJIDEMETRIOU, born in 1943.

17. Koula Physentzou, born in 1933.

18. Julia TOUMAZI, born in 1920.

19. Georgia Yiangou, born in 1932.

20. Ellada ANDREOU, born in 1945.

21. Magda PSATHA, born in 1928.

22. Maro TOUFEXI, born in 1928.

23. Maro PAPANASTASIOU, born in 1930.

24. Evangelia ZANNETIDOU, born in 1928.

25. Hebe Leoniadou, born in 1917.

26. Maria MICHAELIDOU, born in 1929.

27. Stalo CHURI, born in 1952.

28. Sofoula POTAMITOU, born in 1953.

29. Anthulla CHARALAMBOUS, born in 1935.

30. Seli CHRISTOFIDOU, born in 1937.

31. Theano SAMPSON, born in 1910.

32. Iokasti HADJIPOLYDOROU, born in 1915.

33. Helen PIERIDOU, born in 1944.

34. Anastasia EVANGELIDES, born in 1960.

35. Ariadni EVANGELIDES, born in 1927.

36. Ariadni THEODOROU, born in 1933.

37. Themula COUNNA, born in 1931.

38. Eleni RIVI, born in 1921.

39. Demetra SKOUROU, born in 1940.

40. Nita KOULAPIS, born in 1944.

41. Maro HASAPI, born in 1947.

42. Kalliopi SOZOU, born in 1944.

43. Demetra THEOFANIDOU, born in 1948.

44. Maria Mikelidou, born in 1946 in Kyrenia.

45. Kika PRASTIDI, born in .

46. Paola HARAKI, born in 1915 in Paphos.

47. Katina CONSTANTINOU, born in 1949 in Leonarisso.

48. Varvaritsa KATSOURI, born in 1941.

49. Katia PETROU born in 1953.

50. Maria KALLINICOU, born in 1956.

51. Sia SOLEA, born in 1936 in Trifylia Greece.

52. Maria MBEROU, born in 1961.

53. Vasoula IOANNOU, born in 1945.

54. Pepa CHARALAMBOUS, born in 1938.

55. Edith KOHN, born in 1917 in Budapest.

56. Lia TOUMAZI, born in 1939.

57. Anna MONTANIOU, born in .

58. Chrysanthi MICHAELIDOU, born in 1913.

59. Eleni MARANGOU, born in 1924.

60. Hboy NIKIFOROU, born in 1933.

61. Dora LOIZIDOU, born in 1931.

62. Lily PAPAVASILIOU, born in 1926.

63. Evangelia TOUMAZI, born in 1926.

64. Danae PSARA, bortn in 1925 and since 1974 resident of Larnaca.

65. Chrystaleni SYMEONIDOU, born in 1912.

66. Domna MARKOU, born in 1935.

67. Noni CHRYSOSTOMOU, born in 1910.

68. Maria MANOLI, born in 1935.

69. Phillio VARNAVA,born in 1932.

70. Elena VARNAVA, born in 1956 in Nicosia.

71. Niki PAVLIDOU, born in 1935.

72. Emilie LIATSOU, born in 1964.

73. Dina HIMIDOU, born in 1961 in Larnaca and since 1974 resident of

Nicosia.

74. Rena LORDOS, born in 1948.

75. Eleni PAPAIAKOVOU, born in 1951 in Nicosia.

76. Eleni KATANI, born in 1945.

77. Androula CHRISTOFOROU, born in 1950.

78. Mairi XIARI, born in 1955.

79. Elena CHRISTOFIDES, born in 1945.

80. Stella PANTELIDOU, born in 1948 in Nicosia.

81. Maro CHADJIMANOLI, born in 1952.

82. Margarita CHAMPOULA, born in 1943 in Nicosia.

83. Popi CYRIAKIDOU, born in 1941.

84. Chimoula KASINOU, born in 1953.

85. Militsa LORDOU, born in 1926.

86. Flora ANASTASIADOU, born in 1920.

87. Rita KYRIAKIDOU, born in 1938 in Nicosia.

88. Rodoula LORDOU, born in 1952 in Nicosia.

89. Thekla KYRIAKIDOU, born in 1948.

90. Loukia CONSTANTINIDOU, born in 1940.

91. Rita ANASTASIADOU, born in 1945.

92. Katina LORDOU, born in 1960 in Nicosia.

93. Angela ALEXANDROU, born in 1947 in Kairo.

94. Nina KOUNNA, born in 1958 in Nicosia.

95. Androula PANAYIOTOU, born in 1951.

96. Kika PAPAGIANI, born in 1953.

97. Silia CHAPIPI, born in 1950.

98. Ersi DICOMITOU, born in 1939.

99. Rodoula CHRISTOFOROU, born in 1958.

100. Lenia CHRISTOFOROU, born in 1961 and since 1974 resident of

Larnaca.

101. Anna ZACHARIADOU, born in 1945.

102. Stella HADJIPHOTI, born in 1943 and since 1974 resident of

Nicosia.

103. Dora BASILIADOU, born in 1939.

104. Maria GEORGIADOU, born in 1967.

105. Evdokia AVRAAMIDOU, born in 1950.

106. Adriani HILIADOU, born in 1948.

107. Thekli PASCHALI, born in 1950.

108. Kaiti ELTON, born in 1943.

109. Maro NICOLAOU, born in 1953.

110. Melpo PATSIA, born in 1947.

111. Militsa HADJIMANOLI, born in 1946.

112. Demetra IOANNIDOU, born in 1945 in Trikomo.

113. Androula ZANGYLOU, born in 1943.

114. Maria ORPHANIDES, born in 1962.

115. Fotoula FRANGESKOU, born in 1946 in Jerusalem.

116. Koula ACHNIOTOU, born in 1938 in Achna.

117. Valentine THOMAIDES, born in 1931.

118. Maria-Niki THOMAIDES, born in 1960.

119. Yiannoula IOANIDOU, born in 1935 in Kakopatria.

120. Christina KLERIDES, born in 1940 in Lefkoniko.

121. Chara ECONOMOU, born in 1941 in Kondea.

122. Nitsa PAPADOPOULOU, born in 1947.

123. Thelma PATSALI, born in 1949.

124. Lea PHILIPPOU, born in 1936.

125. Anna PONTIKI, born in 1936.

126. Litsa CHARALAMBOUS, born in 1938.

127. Dina CHOMATA, born in 1941.

128. Georgoula ORPHANIDOU, born in 1939.

129. Ritsa PHILIPPOU, born in 1944.

130. Agni PANAYIOTOU, born in 1931.

131. Catherine PROTOPAPA, born in 1937.

132. Chariclea PERICLEOUS, born in 1941.

133. Andry PAPA, born in 1950.

134. Thelma SEVASTOPOULOU, born in 1936.

135. Maria PAPA, born in 1946.

136. Eva CHRYSOSTOMI, born in 1936.

137. Androula NIKITA, born in 1926 in Larnaca.

138. Morfo PANAYIOTOU, born in 1951.

139. Dora HADJIPETROU, born in 1954.

140. Avgi PIERIDOU, born in 1929.

141. Nitsa BROUTAS, born in 1928 in Nicosia.

142. Emilia PHILIPPOU, born in 1917 in Nicosia.

143. Lilly PISSARIDOU, born in 1934 in Nicosia.

144. Hariclia CONSTANTINIDOU, born in 1921 in Larnaca.

145. Maroula GHALANOU, born in 1919.

146. Niki ECONOMOU, born in 1920.

147. Maro POUYOUROU, born in 1933.

148. Natalia ARVANITAKIS, born in 1917 and since 1974 resident of

Athens.

The rest are since 1974 residents of Nicosia:

149. Aghni COURTIS, born in 1924.

150. Christina EMPHIETZI, born in 1931.

151. Agni HADJISOTIRIOU, born in 1917.

152. Militsa KLEOPA, born in 1926.

153. Cleo HADJICOSTA, born in 1925.

154. Iris MATSIS, born in 1930.

155. Alkestis EFSTATHIOU, born in 1923.

156. Eleni MATSI, born in 1914.

157. Neda ZOMENI, born in 1937.

158. Foula GEORGIADOU, born in 1923.

159. Fredy GALATOPOULOU, born in 1943.

160. Alexandra MATSIS, born in 1947.

161. Irene DEMETRIOU, born in 1920.

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ZAVOU AND 160 OTHERS v. TURKEY

ZAVOU AND 160 OTHERS v. TURKEY

LEXI