29 April 2009
The European Union's (EU) top court has awarded a Greek Cypriot the right to reclaim land in Turkish-controlled northern Cyprus that has since been sold to a UK couple, paving the way for thousands of Greek Cypriots to do the same.
Meletis Apostolides was one of thousands of Greek Cypriots who fled his home when Turkish forces invaded in 1974, following a Greek-inspired coup. The land was later sold to British couple, Linda and David Orams, who built a villa on it.
The European Court of Justice says that it supports the Cypriot court’s ruling that the home must now be demolished.
There is a chance that the property will not be knocked down because it is situated on Turkish Cypriot controlled land. This means that Mr Apostolides may have the right to pursue a claim for compensation in a UK court.
Mr Apostolides said he was "very much" pleased with the EU court's ruling, and that it was "what we expected".
He added: "This is a difficult issue that has to be decided by the courts."
In a statement sent to Homes Overseas this morning, President Talat of the Turkish Republic of Northern Cyprus (TRNC), said: "The Court of Justice of the European Communities (ECJ) has announced its judgment in what is known as the Orams case. This case has become an extension of the Greek Cypriot initiatives to treat the property issue as a private dispute between individuals in Cyprus.
"Now that the ECJ has declared its judgement, this phase of the case is over. It would not be proper for us to express our views regarding the decision before the full text has been read and a detailed analysis is carried. However, although the ECJ has made its judgement it does not mean that this case is at an end.
"At this stage, the issue will be brought before the English Court of Appeal once again and the Court, taking into consideration the responses of the ECJ to the questions referred to it, will decide whether the decisions of the Greek Cypriot courts regarding the Orams case can be enforced in the UK or not.
"While deciding, the English Court of Appeal will take the issue of the accordance of the ECJ’s decision with public policy into consideration. Therefore, until the final decision of the Court is announced, the result of the Orams case will not be determined.
"In the meantime, it should not be forgotten that the Orams couple have filed an application in the European Court of Human Rights
(ECHR) on the grounds that their right to a fair hearing has been violated by the procedure before the Greek Cypriot courts and that this has not been finalized yet. If the Orams couple win this case before the ECHR, it will show that the proceedings in the Greek Cypriot courts were against human rights.
"We consider the property issue in Cyprus not as a private dispute, but as a reflection of the Cyprus problem. Unless the Cyprus problem is solved, it is not possible to solve the property issue comprehensively. In a comprehensive settlement, the property issue will be solved by taking into consideration not only the rights of the pre-1974 owners but also the rights of the current owners. The issue will be solved not only through restitution of the properties, but through a mechanism where compensation, exchange and restitution are evaluated together.
"We have always maintained that the property issue in Cyprus cannot be settled through litigation, such as the Orams case: that such initiatives serve nothing other than straining the relations between the two peoples and that they do not help the comprehensive settlement of the problem.
"Our search for a settlement at the negotiation table should not be deemed as a sign of weakness. We will maintain our efforts to reach a settlement but we will not refrain from taking the necessary measures required for the well-being and protection of the rights of the Turkish Cypriot people.
"The Turkish Cypriot people can rest assured that, regardless of the decision that will emerge from the British Court of Appeal regarding the Orams case, the TRNC Presidency and all the organs of the state will protect the law enforced in the TRNC
" As stated in the then UN Secretary General’s 27 May 2005 report to the Security Council, these developments confirm that an increase in individual litigation constitutes a serious threat to people-to-people relationships and to the reconciliation process. It should not be forgotten that in the said report it is also stated that the property issue would best be resolved through a comprehensive settlement.
"At this stage, the views stated by the ECJ concerning the Orams case will be evaluated by the competent authorities of the TRNC, their likely effects on the Cyprus problem will be determined and the necessary legal and political measures will be taken."
See Also: Cyprus (23)
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