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Xenides-Arestis v. Turkey1
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Right to property — Right to respect for home — Greek Cypriot applicant having home, property and possessions in northern Cyprus — Turkish military forces occupying northern Cyprus in August 1974 — Proclamation of “Turkish Republic of Northern Cyprus” — Turkish military forces forcing applicant to abandon her home, property and possessions — Applicant prevented from having access to, use and enjoyment of her home, property and possessions — Applicant lodging application with European Court of Human Rights — Admissibility of case — Whether Turkey lacking jurisdiction ratione temporis and ratione loci — Whether applicant lacking victim status — Whether applicant exhausting domestic remedies — Whether domestic remedy effective or adequate — Whether examination on merits required — Loizidou v. Turkey — Cyprus v. Turkey — Whether Turkey violating Article 8 of European Convention on Human Rights, 1950 and Article 1 of Protocol No 1
State responsibility — Human rights — Applicant alleging violations of her property rights under European Convention on Human Rights, 1950 — Alleged violations occurring within “Turkish Republic of Northern Cyprus” — Whether Turkey liable for alleged violations — Loizidou v. Turkey — Cyprus v. Turkey — Whether any changes since judgments adopted — Whether Turkey continuing to exercise overall military control over northern Cyprus — Whether any reasons to depart from conclusions in those cases
States — Recognition — Entity proclaimed as State — Proclamation condemned by United Nations Security Council — Entity recognized as State only by one government — Turkish Republic of Northern Cyprus — Whether all acts of unrecognized entity to be denied effect
Damages — Pecuniary and non-pecuniary damage — Redress for violations of rights under European Convention on Human Rights, 1950 — New remedy proposed by Turkey — Whether new compensation and restitution mechanism satisfying requirements — Failure by parties to reach agreement on just satisfaction — Losses emanating from denial of access and loss of control, use and enjoyment of applicant’s property — Equitable assessment of compensation for applicant
War and armed conflict — Occupation — Turkish intervention in Cyprus in 1974 — Turkish military forces displacing Greek Cypriot applicant from her property in northern Cyprus — Applicant prevented from accessing, using and enjoying her home, property and possessions — Whether Turkey violating applicant’s rights under Article 8 of European Convention on Human Rights, 1950 and Article 1 of Protocol No 1 — Whether violation continuing — United Nations Annan Plan for re-unification of Cyprus — Rejection of Annan Plan by Greek Cypriots — Whether having legal consequences for rights of displaced persons
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