Demopoulos and Others v. Turkey

Abstract

Human rights — Exhaustion of domestic remedies — European Convention on Human Rights, 1950 — Article 35(1) — Admissibility of applicants’ complaints — Whether obligation of Turkey to exhaust domestic remedies applying to situation of Greek-Cypriot property owners under control of the Turkish Republic of Northern Cyprus — Whether applicants required to exhaust a remedy which came into effect after lodging of their applications — Whether Turkish Republic of Northern Cyprus compensation law part of Turkish domestic law — Whether obligation to exhaust domestic remedies in light of administrative practice of ongoing violations of applicants’ rights — Whether exhaustion of domestic remedies lending legitimacy to an illegal occupation — Whether requirement to exhaust domestic remedies in respect of acts in violation of applicants’ rights outside Respondent State’s lawful jurisdiction

Human rights — Exhaustion of domestic remedies — European Convention on Human Rights, 1950 — Article 35(1) — Admissibility of applicants’ complaints — Whether Respondent State furnishing a remedy in the Immovable Property Commission capable of effective redress for violations of property rights — Adequacy of redress — Independence and impartiality of members of Immovable Property Commission — Adequacy of compensation — Accessibility and efficiency of remedy

Human rights — Right to property — Right to respect for home — European Convention on Human Rights, 1950, Protocol No 1, Article 1 and Article 8 — Deprivation of property — Whether claims admissible without having recourse to domestic remedy available

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