Immovable Property Commission faces challenge in the European Court of Human Rights - 21 November 2009

This week the Grand Chamber of the European Court of Human Rights heard pleadings concerning the case of Demopoulos and 7 others vs Turkey.

This is essentially a class action by a group of alleged dispossessed Greek Cypriots, or their heirs, which attacks the legality and effectiveness of the TRNC Immovable Property Commission.

The action is important as the future of the Immovable Property Commission could be placed in jeopardy by an adverse ruling.

What is the TRNC Immovable Property Commission (IPC)?

The IPC was established in the aftermath of the Myra Xenides Arestis vs Turkey case which awarded the claimant damages due to the fact that the TRNC authorities / Turkey had persistently prevented her from accessing her lawful property in the TRNC.

The European Court of Human Rights encouraged the TRNC to provide a local remedy for future claims so that dispossessed Greek Cypriots would not swamp the ECHR with their claims.

To date the Immovable Property Commission has settled some 84 cases brought be dispossessed Greek Cypriots or their heirs. However, in most cases, settlement has been based on financial compensation rather than the restitution or return of the property. It is being argued at the European Court of Human Rights that only restitution provides an adequate solution

Click here for further details and analysis

21 November 2009

Return to HOME PAGE