Interim Resolution CM/ ResDH (2020)185

Execution of the judgments of the European Court of Human Rights

Cyprus against Turkey

(Adopted by the Committee of Ministers on 3 September 2020 at the 1377bis meeting of the Ministers ’ Deputies)

Application

Case

Judgment of

Final on

25781/94

CYPRUS v. TURKEY

10/05/2001

12/05/2014

Grand Chamber

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the judgments transmitted by the Court to the Committee in this case and to the fourteen violations of the Convention relating to a number of issues regarding the situation in the northern part of Cyprus since the military intervention by Turkey in July and August 1974;

Welcoming the measures taken regarding the issue of property rights of Greek Cypriots living in the northern part of Cyprus and their heirs (see Appendix);

Recalling that the just satisfaction judgment of the Court in this case did not concern the issue of the property rights of Greek Cypriots living in the northern part of Cyprus and their heirs,

DECIDES to close the examination of the issue relating to the property rights of Greek Cypriots residing in the northern part of Cyprus and their heirs ( violations of Article 1 Protocol No. 1 and Article 13 of the Convention);

Appendix to Interim Resolution CM/ ResDH ( 2020)185

Summary of the information provided by the Government of Turkey

as regards the issue of the property right of Greek Cypriots

living in the northern part of Cyprus and their heirs

Following a decision of 27 February 2008 (“the 2008 regulation”) adopted by the “Council of Ministers of the Turkish Republic of Northern Cyprus (TRNC)”, enclaved Greek Cypriots now have the possibility to preserve their property rights in the event of definitive departure from the north of Cyprus, the only condition being that they maintain minimum contact with northern Cyprus, for example by having a bank account, or being a member of a local association. In addition, they can transfer ownership of their property to a person of their choice, provided that they start the relevant legal proceedings within a year of their departure. A third option for them is to apply directly to the Immovable Property Commission (IPC) to obtain exchange of property or compensation. Residents of Karpas who permanently left the region before 2008 can also apply to the IPC.

Moreover, inheritance rights of persons residing in the south over properties situated in the north were recognised by a decision of the “Council of Ministers of the TRNC” adopted in 2002. This decision required heirs to start the proceedings for administration of an estate situated in the northern part of Cyprus within one year of their relative ’ s death. This time-limit was, however, abolished by the above-mentioned 2008 decision of the “Council of Ministers” and at present such inheritance rights are subject to the regulation applicable to “citizens of the TRNC”. Once the proceedings for the administration of the estate are completed (under the Administration of Estates Law (Chapter 189)), the property will be registered in the names of the heirs, who will receive title deeds in their names. The heirs will be able to enjoy the property in question under the same terms as enclaved Greek Cypriots who leave the northern part of Cyprus (see the preceding paragraph). Thus, if the heirs establish a minimal contact with the north of Cyprus they can keep their property rights; they also have the option to transfer them. Lastly, heirs of Greek Cypriot Karpas residents can apply directly to the Immovable Property Commission (IPC) set up in the northern part of Cyprus in 2005, to obtain compensation, exchange of property or restitution. It was further specified that decisions taken by the authorities in the application of the 2008 regulation, as well as the decisions of the IPC, can be appealed before the Supreme Administrative Court.

In 2013, the Turkish authorities confirmed they had set up a special telephone line to respond to questions of Karpas residents. They also confirmed that an information booklet in Greek had been distributed to Greek Cypriots living in the north of Cyprus and their heirs with the aim of informing them of the options available and the procedures to be followed under the regulation referred to above. The Turkish authorities clarified that 100 information booklets have been distributed to the Greek Cypriot residents of Karpas (one for each household).

The Turkish authorities also provided information on the application of the 2008 regulation (see the documents DH-DD(2014)722 and DH-DD(2018)246 and lastly DH-DD(2019)791 ). They indicated that it is mostly the heirs of Karpas residents who have been taking advantage of the above measures. In particular, heirs of Karpas residents have been applying for the administration of estates in the northern part of Cyprus and the competent District Land Registry has been issuing title deeds in their names. The Turkish authorities provided an example of a delivery of such a title deed in 2014 in a case where the owner died while temporarily residing in the southern part of Cyprus. One of the heirs who had the properties transferred to his name did not have a “TRNC” identity card ( DH-DD(2014)457 ). Between 1979 and 2013, administration of estates were established for 76 Karpas residents who died while residing in the northern part of Cyprus ( DH-DD(2013)222 ). Between February 2015 and January 2018, 24 new such administrations of estates were set up. Since 2008, 63 administrations of estates have been set up, properties have been transferred to the heirs in this context and 179 title deeds have been issued (see DH- DD( 2019)791 ).

The Turkish authorities provided information on the applications filed with the IPC by Greek Cypriot residents of Karpas and their heirs and specifically on those concerning the owners covered by this part of the judgment, namely those still living in Karpas in May 1994 and their heirs. They clarified that there were 532 residents in Karpas as of May 1994 and reported 431 applications filed with the IPC concerned properties situated in the Karpas region (see DH-DD(2020)502 ). Of the 43 applications concluded as of June 2020, 16 were filed by the heirs of Greek Cypriots who remained in Karpas after 1974. In 14 of these cases the IPC granted compensation and in two cases it granted restitution. One of these applications was identified as concerning an heir of a Greek Cypriot owner who lived in the Karpas area in May 1994 and left in 1997. In this application, the IPC granted compensation of 80,000 Pounds Sterling for the property in question.

As regards the 27 remaining finalised applications concerning the area it was not possible to establish whether the persons who filed them or their ancestors left the northern part of Cyprus before 1975 or afterwards and, in the second case, what was the exact date of departure. This was so, as IPC has jurisdiction either way and the applicants were not asked to indicate the date of departure at the time of the application. Owners who left Karpas before 2008 can still apply to the IPC, as the IPC continues to accept applications