THIRD SECTION

DECISION

AS TO THE ADMISSIBILITY OF

Application no. 18406/91

by Andreas NICOLAIDES

against Turkey

The European Court of Human Rights ( Third Section) sitting on 24 August 1999 as a Chamber composed of

Sir Nicolas Bratza , President ,

Mr J.-P. Costa,

Mrs F. Tulkens ,

Mr W. Fuhrmann ,

Mr K. Jungwiert ,

Mr K. Traja , Judges ,

Mr F. Gölcüklü , ad hoc Judge,

with Mrs S. Dollé, Section Registrar ;

Having regard to Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 7 June 1991 by Andreas Nikolaides against Turkey and registered on 14 June 1991 under file no. 18406/91;

Having regard to the reports provided for in Rule 49 of the Rules of Court;

Having regard to the fact that no observations have been submitted by the respondent Government in the time-limit fixed for that purpose;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a Cypriot citizen born in 1942 and residing at Nicosia. Before the Court he is represented by Mr Nicos Clerides a lawyer practising in Nicosia.

The facts of the case as they have been submitted by the applicant can be summarised as follows:

The applicant lived with his family in Trypimeni , a village in the District of Famagusta . During the military invasion in 1974 the Turkish military troops evicted the applicant and his family from their home and forced them to leave Famagusta and flee to the south. Since 1974 both Famagusta and Trypimeni are under Turkish military occupation.

The applicant has been prevented from returning to his home and property because the Turkish military authorities have continuously occupied and used his home. On 9 December 1990 the applicant made an attempt to return to his home and property in Famagusta and Trypimeni by participating in a convoy of cars of fellow refugees who intended to return home during a peaceful march towards their villages.

The applicant and his fellow refugees, who had notified their intention to the Commander of the United Nations forces in Cyprus, stopped at the check point on the "buffer zone", on the main road which links Nicosia and Famagusta . There, the applicant and other refugees asked the United Nations Force officer on duty to be allowed to return to their homes, property and villages. They requested the same officer to transfer to the Turkish military authorities their demand to return to their home. The officer announced to the applicant and his fellow refugees that the Turkish military authorities had rejected their request to drive through the check point and enter the Turkish controlled part of Cyprus. He has been prevented from entering the northern part of Cyprus because of his Greek Cypriot origins.

COMPLAINTS

The applicant alleges violations of Articles 1, 8, 13 and 14 of the Convention and of Article 1 of Protocol No. 1 to the Convention. He states that since the invasion of the northern part of Cyprus in 1974, and in particular on 9 December 1990, when he was prevented from returning to his home and property, Turkey prevented him, because of his religion and national origin, from exercising his right to respect for his home and to the peaceful enjoyment of his possessions.

PROCEDURE

The application was introduced on 7 June 1991 and registered on 14 June 1991. On 29 November 1993, the European Commission of Human Rights decided to communicate the complaints under Articles 8 and 14 of the Convention and 1 of Protocol No. 1 to the respondent Government and invited them to submit written observations on the admissibility and merits of the application before 18 March 1994.

On 16 March 1994, the Government requested the Commission to adjourn the proceedings until the Court completed its consideration of the case of Loizidou v. Turkey. On 8 April 1994 the Commission granted the request. Following the Court’s judgment of 18 December 1996 in the case of Loizidou , the Commission examined, on 23 January 1997, the state of proceedings in the present application. It decided to invite the respondent Government to submit supplementary observations by 4 April 1997 and in the light of the above-mentioned judgment on Articles 8, 13 and 14 of the Convention and Article 1 of Protocol No. 1.

On 18 April 1997, the Commission decided to suspend the request for the submission of supplementary observations by the Government until 5 September 1997. On 13 September 1997, it laid down a new time-limit for that purpose by 8 December 1997. At the request of the Government, the President of the Commission agreed to four extensions of that time-limit until 7 July 1998. On 30 November 1998, and after the expiry of the above-mentioned time-limit, the Government requested again a further extension. No observations were submitted.

On 1 November 1998, by operation of Article 5 § 2 of Protocol No. 11 to the Convention, the case fell to be examined by the Court in accordance with the provisions of that Protocol.

THE LAW

The applicant complains that since the invasion of the northern part of Cyprus in 1974, and in particular on 9 December 1990, when he was prevented from returning to his home and property, Turkey prevented him, because of his religion and national origin, from exercising his right to respect for his home and to the peaceful enjoyment of his possessions in breach of Articles 1, 8, 13 and 14 of the Convention and Article 1 of Protocol No. 1 to the Convention.

Article 1 of the Convention creates a general obligation upon High Contracting Parties to respect human rights. Article 8 ensures respect for private and family life, the home and correspondence. Article 13 provides for an effective remedy before the national authorities. Article 14 prohibits discrimination in the enjoyment of the rights and freedoms set forth in the Convention and Article 1 of Protocol No. 1 guarantees property rights.

The Court notes that the respondent Government have not provided any observations on the admissibility of the case, although they have been given ample opportunity to do so. It must, therefore, be assumed that they do not contest the admissibility of the application.

The Court considers that the application raises serious questions of fact and law which are of such complexity that their determination should depend on an examination of the merits. It cannot, therefore, be considered manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. No other ground for declaring the application inadmissible has been established.

For these reasons, the Court, unanimously,

DECLARES THE APPLICATION ADMISSIBLE , without prejudging the merits of the case.

S. Dollé N. Bratza

Registrar President