A Greek Cypriot has called on the Committee of Ministers of the Council of Europe to secure the immediate execution of a European Court of Human Rights (ECHR) ruling, relating to his property in Cyprus’ northern Turkish occupied areas.
Professor Andreas Orphanides, a Greek Cypriot applicant with property in Turkish-occupied Cyprus, has sent a letter to the Committee of Ministers asking for the immediate restoration of his property and compensation for Turkey’s failure to execute a relevant ECHR judgment.
He invokes moreover a recent Court decision, which found procedures before the Immovable Property Commission (IPC) in the northern, Turkish-occupied part of Cyprus, to be protracted and ineffective.
Orphanides’ letter comes ahead of a Committee of Ministers meeting in Strasbourg, between June 5-7, to review the implementation of Court judgments by the member states. In the letter, he asks that effective action is taken for the immediate and unconditional execution of Court judgements by Ankara.
He requests in particular the immediate execution of a 2010 judgment, ordering Turkey to pay damages plus interest. In relation to the individual measures foreseen in a 2009 judgement, Orphanides says he expects the immediate restoration of possession of his home and property in the Turkish-occupied part of Cyprus. Moreover, he also seeks additional compensation from Turkey for each year between 2010-2018 for Ankara’s failure to execute the judgments.
Orphanides notes furthermore the European Convention on Human Rights, saying that Court judgments are immediately executed by the respondent governments under the supervision of the Committee of Ministers, without an intervention of any other body, such as the IPC.
He says in conclusion that the IPC procedure was admitted protracted and ineffective in the ECHR final judgement of December 2017, in the case Joannou v. Turkey.
Earlier this month, a number of Greek Cypriot applicants with property in Famagusta and Kyrenia, in the Turkish-occupied part of Cyprus, also sent similar letters, calling on the Committee of Ministers to look into their cases, due to the ineffectiveness of the IPC and the fact that the IPC has no jurisdiction in properties located within areas which the Turkish army describes as “military sites.”