Cyprus Today

‘Girne’ court judgment against Turkey ‘invalid’

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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.

 ?? ?? The part of the South Cyprus court judgment setting out how much compensati­on in euros each plaintiff should receive
The part of the South Cyprus court judgment setting out how much compensati­on in euros each plaintiff should receive
 ?? ?? Murat Metin Hakkı
Oguzhan Hasipoglu
Murat Metin Hakkı Oguzhan Hasipoglu

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