‘Girne’ court judgment against Turkey ‘invalid’
A COURT ruling ordering Turkey to pay around 40 million euros in compensation to four Greek Cypriots for loss of the use of property in the North has been declared invalid by a legal adviser to President Ersin Tatar.
Earlier this month it was reported by Cyprus Today’s sister newspaper Kıbrıs that the so-called “Girne District Court” in South Cyprus ordered Turkey to pay the compensation to plaintiffs Theodorou Theodoru, Anastasia Theodorou, Elenas Theodorou and Despos Theodorou.
In the minutes of the court’s decision, it was stated that the plaintiffs applied to the court on September 12, 2014, because they “had not been able to use their immovable properties since July 20, 1974”, the date of Turkey’s military intervention in Cyprus.
The court found in favour of the plaintiffs and ordered Turkey to pay them a total of 39,286,963 euros, including legal costs.
In addition, the court also decided that the immovable properties had to be “returned to their legal owners within 30 days”.
The decision claimed that all the issues against Turkey were “examined in detail” and that the case was “executed in accordance with the Hague Convention”.
Furthermore, the court, which sits in South Nicosia, also ruled that it had jurisdiction over the matter.
Regarding the plaintiffs’ request to assess the “illegality
and invalidity” of the EUrecognised TRNC-based Immovable Property Commission (IPC), and the High Administrative Court in the TRNC, the ruling said that the “the current court does not have the authority to overturn the decisions of the European Court of Human Rights (ECHR)”. It was also reported that Turkey was not involved in the litigation process.
Evaluating the South Cyprus court’s decision, Presidential negotiation team legal adviser, Maraş Opening Committee chairman and National Unity Party general secretary Oğuzhan Hasipoğlu stated that court decisions in South Cyprus are “not legally valid” and that they are considered “null and void” by the TRNC.
He said that Greek Cypriots with property in the North seeking compensation need to file an application with the IPC after the ECHR decided that such cases should be resolved through “domestic law” in light of the “XenidesArestis” decisions.
“What we need to do next is to ensure that the IPC continues to be an effective domestic remedy,” he added.
Turkish Cypriot lawyer Murat Metin Hakkı said that the decision regarding the case brought by four Greek Cypriots against Turkey could be “enforced against Turkey” in EU member states.
Mr Hakkı stated that the “immunity” regarding enforcement against “commercial entities” was lifted worldwide in the 1970s and stated that Turkey will have to present a defence to prevent the court order being enforced.
Mr Hakkı said that the proceedings in question should be evaluated in the context of “diplomatic immunity” but that the case settled by the
Greek Cypriot side “probably moved forward and concluded in violation of both procedural and international law”.
He added that if any enforcement attempt is brought up, claims of “irregularities” and “contradiction to public policy” can be put forward as a defence.