Statement of the TRNC Presidency

“The European Court of Human Rights has once again reaffirmed that the Immovable Property Commission provides an effective domestic legal remedy that must be exhausted.”

The European Court of Human Rights (ECtHR) has today made a judgement in the K.V. Mediterranean Tours Limited v. Türkiye case, where it has reaffirmed that the Immovable Property Commission (IPC) constitutes an effective domestic legal remedy, that must be exhausted in relation to claims concerning immovable properties abandoned by Greek Cypriots in the Turkish Republic of Northern Cyprus.

The ECtHR emphasised that restitution of property is not the only effective remedy for immovable properties abandoned by Greek Cypriots in the TRNC, and that decisions providing a legal remedy based on compensation or exchange that can be granted by the IPC are equally valid forms of redress. The Court also clarified that the involvement of judges from the High Administrative Court in matters concerning immovable properties claimed by Greek Cypriots does not give rise to a conflict of interest. Furthermore, the ECtHR found that the IPC’s decision to include the Foundations (Vakıflar) Administration as an intervening party in the process regarding the property located in Maraş was in compliance with the principle of a fair trial.

In reference to the recent statistics concerning the progress made by the IPC, the ECtHR also underlined the importance of maintaining these positive developments consistently.  The Court noted that there were some delays in the proceedings before the IPC, partly due to the applicant, and stated that it would be beneficial for TRNC authorities to participate in IPC proceedings in a timely manner and to provide remedies for delayed adjudication. On these grounds, the Court held that Article 1 of Protocol No. 1 of the European Convention on Human Rights was violated on procedural grounds in this application.

This decision by the ECtHR serves as a response to the Greek Cypriot side, which pursues an aggressive policy against our citizens by ignoring our property regime and its integral component, the IPC.

The IPC exists and continues to function effectively.

For Greek Cypriots who abandoned their properties in 1974, the first and only address for their claims is the IPC.

We reiterate our call to the Greek Cypriot side to comply with its obligation towards ECtHR judgments. We call for an immediate end to the oppressive and hostile attitude that targets our citizens acting in accordance with the property regime endorsed by the ECtHR, and that seeks to punish them individually in clear violation of human rights. We strongly emphasise that such practices are incompatible with international law and may lead to serious consequences.