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Greek Cypriot refugee awarded €1.4m compensation by ECHR
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CyprusTHE EUROPEAN Court of Human Rights (ECHR) has awarded a Greek Cypriot refugee €1.4 million as compensation for loss of use of his property in the occupied areas.
It was a case with an unusual twist, as in the midst of the process the Greek Cypriot applicant had also filed a claim – which was later withdrawn – with the Immovable Property Commission (IPC) in the north, a move which nearly jeopardised his chances for ECHR compensation.
The court’s judgment, delivered earlier this week, relates to the case of Antonakis Solomonides v Turkey, for 44 plots of land in Kyrenia, Famagusta, Morfou and Nicosia, representing a total area of 340,000 square meters.
Finding that the applicant “was denied access to and control, use and enjoyment of his properties,” the court awarded €1.4 million – a far cry from the original €6.68 million claim.
Solomonides died in 1998, after which the application was being handled by Rodothea Karaviotou, administrator of his family’s estate.
The ECHR calculated its compensation from January 1987, when Turkey accepted the right of individual petition, and September 1999. The claim was lodged in January 1990.
The figure awarded was closer to the €1.36 million proposed by the respondent, Turkey. That in turn was based on an estimate of the IPC, to which the applicant had applied in the meantime.
Karaviotou had applied for compensation to the IPC in early 2009. According to the ECHR ruling, at the time she was ready to “discuss any serious offer concerning the above case” Finally, she undertook the engagement to preserve the confidentiality of the negotiations before the IPC.”
In September of the same year, Karaviotou “failed to comply” with a request by the Turkish Cypriot ‘Attorney-general’ to produce a search certificate as well as documents showing that the mortgage debts raised on the applicant’s properties had been paid off.
She subsequently withdrew her application before the IPC, informing the European Court of her action in December 2009. In her statement to the ECHR, Karaviotou said:
“Furthermore, I would like to express the fervent wish of Mr Solomonides' heirs that the procedure of their father's application for damages to the ECHR [shall] not be discontinued, in any case, as a result of a possible misunderstanding on my part and through misleading information I received, regarding the said application.”
In a fax dated 1 February 2010 the applicant’s lawyer stated that Karaviotou had not consulted him or his client's heirs (the two daughters of Solomonides) as to the steps she had taken after the delivery of the Court's principal judgment.
According to the ECHR, Karaviotou had ‘misinterpreted’ the court’s request that she keep the court appraised of any agreement between the applicant and Turkey, thinking that she “had to apply to the IPC in order to reach a settlement on the issue of compensation.
“She subsequently realised that she had made a mistake and withdrew her application to the IPC,” the court said in its ruling.
The ECHR obliquely acknowledges that its decision was influenced by the procedure before the IPC. It notes: “Having regard to the exceptional circumstances of the present case, in which the administrator of the applicant's estate had first submitted and then withdrew a claim for compensation before the IPC, on 1 June 2010 the Court decided to admit these submissions to the file and to transmit a copy of them to the applicant's representative for information.”
The outcome might be well be viewed as a classic win-lose situation, given that the ECHR could have decided to throw out the case given that Karaviotou had meantime sought recourse elsewhere.
In fact, Turkey had asked the court to dismiss the case for the very same reason, but the ECHR rejected the request, arguing: “The Court cannot but reiterate its case-law according to which objections based on non-exhaustion of domestic remedies raised after an application has been declared admissible cannot be taken into account at the merits stage.”

MichaelA comments:
...well that doesn't surprise me, Turks wanting to keep the money and the land. What else would you expect from thieves. Turkey has never been Turkish land. Squatters of the most foul kind. So why don't you start packing and get on the mule train back to Mongolia.
MELIOS A. IOANNIDES comments:
It's clear that the silent majority of Cypriots who may not have access to internet and to these columns,have a desire to be part of Europe and live like true Europeans.
Most of the postings though,give the opposite impression which cannot materialise because the destination that all of us want to arrive,cannot accept deviding lines and abuse of human rights.
So,you wise guys save your breath and leave politics to the professionals.
Don't you all agree that we should give a chance to the two Leaders to see what they can do about it?
Gaz from UK.ex Trinity College Dublin Grad 1981 comments:
Paul from Ireland. I applaud the passion and fortitude in your argument. However you are woefully short of substance. If the statement opening of your argument was para-phrased, 'in my opinion' it would indeed maintain an element of credibility. Unfortunately your casement falls well short and fails to impact.
In a later conjecture of yours you align the issues in Cyprus to the issues of Ireland and Great Britain. Please don't embarrass yourself with this incomprehensible analysis.
trixi from girne comments:
Michael A
I think the turks prefer to keep the money and stay put !
Thank you for your kind input .
I think there is as much chance of turks going back to turkey as there is off the greek cypriots going back to arab land which is were you originally came from.
Emir Soler comments:
MichaelA should read MichaelW = Michael Wanker.
Cyprus is not a Greek Island never has been and NEVER will be.
Emir Soler comments:
Christoph@ said "When Cyprus is reunified"
I am looking up at the sky, to see if elephants are flying.
MichaelA comments:
the compensation is soaked in blood of the poor victims ethnically cleansed and murdered by the Turks. Keep the money and bugger off back to Ankara
Loriot from Lapta comments:
"To be reassumed when Cyprus is reunified"
And Christmas will be in August this year!
Christoph from USA comments:
One item the Turk side ignored in this ruling-it was for 'Damages', not for property ownership. Had the family accepted the IPC offer it would have been for the property title. With the ECHR ruling the family still has title to the property. To be reassumed when Cyprus is reunified.
You do the crime you have to pay the cost.
Marcus comments:
Emir Soler (Fri, July 30th 2010 at 13:16 ) Here is a good story about banks reluctant to lend.
Necmi Sıdık, the director of Kumsal Emlak, said there is not much interest in properties that Turkish Cypriot refugees from Greek Cyprus received as compensation after the division of the island in 1974 because many banks do not grant mortgages for these properties.
"People are cautious, and driven more to buy properties that belonged to Turkish Cypriots [also prior to 1974],” he said.
Mustafa Metiner, Director of Boray Emlak, emphasized the lack of interest from foreign buyers as one of the important reasons for the stagnation in the market.
"While in Nicosia property prices are high, in Kyrenia the property market is suffering from a shortage of originally Turkish-owned properties," he said. Metiner also reiterated problems some foreign buyers have faced in northern Cyprus when lawyers had not researched properly if the property they bought was subject to a court order or mortgage.
"Measures have now begun to be taken, however slightly too late. These kinds of situations have arisen also in property markets in Spain and the United Kingdom," he said.
Erman Ertuna, a sales representative at Noyanlar Construction, said the number of British customers in particular has dropped due to the effects of the economic crisis in the U.K. "There is uncertainty in the market.
In addition, banks are not making getting loans easy and do not accept compensation property [given to Turkish refugees by the Turkish Cypriot state after 1974 for the property left on the Greek side] as mortgage lien," he said.
One of the reasons for the stagnation in the market is that northern Cyprus is not known well enough overseas, Ertuna said, adding that buyers should thoroughly investigate the title deeds of the property they are about to buy before proceeding with the purchase.
All of this is a well deserved millstone around the neck of Turkey.
Marcus comments:
Emir Soler (Fri, July 30th 2010 at 13:16 ) I really don’t know as to where you got the idea that Turkey is anything but heavily in debt. For example every body else except you seems to know that Turkey has had to borrow heavily from the IMF to stay afloat. I wouldn’t crow too loudly about Turkey’s economic miracle, in time you will see Turkey’s miraculous disaster. Turkey’s illegal occupation of Cyprus and the Kurdish problem is not helping her economy.
PAUL from IRELAND comments:
To all the genuine turkish cypriots on this forum, i am neither pro greek or turkish as a country of conflict myself i appreciate both sides have done wrong, i have met many turkish cypriots myself and find them to be an amazing people,i also beleive the turkish culture is part of a bi culture of cyprus, when i hear turkish music it reminds me of cyprus as much as greek music. however we have to acknowledge right and wrong, what happened to the greeks in 1974 was wrong,the turkish cypriots in the sixties was wrong, the attitute and behaviour of the uk, the greek nationalists the list goes on......But we have to respect some form of law and order, the greek cypriots like it or not make up 82 percent of the islands population,and an agreement must be found that they also can live with and find just. at the end of the day they are offering a bi zonal communal federation within the eu, and joint presidency etc why is it anytime someones mentions 1974 or the settlers or varosha,there is a constant leaving of hate messages of what happened in the past and comments like long live the "TRNC" and constant gloating about how they will never return to the north. turkish culture and identity is part of that island through the turkish cypriots, you can have your rights without the demands associated with victory hate and revenge.
PAUL from IRELAND comments:
GAZ YOUR QUESTION WAS SO IGNORANT AND PATHETIC, I CHOOSE TO IGNORE IT THAN ENTER INTO A TIT FOR TAT WITH SOMEONE CLEAELY NOT THINKING PROPERLY. IF I AM CORRECT YOU SEEM TO SUGGEST THAT GREEK CYPRIOTS DO NOT WANT TO RETURN TO THERE PROPERTIES??!! LETS SEE THE MOST DIIFFICULT ASPECT OF THE CYPRUS PROBLEM TO SOLVE IS THAT INVOLVING TERRITORY AND PROPERYTY FACT,GREEK CYPRIOTS HAVE DEMONSTRATED FOR YEARS OVER TURKEYS REFUSAL TO ALLOW THEM TO RETURN TO THERE HOME,NOW HAVING SAID THAT MANY REFUGEES AFTER SUCH A LONG TIME MAY NOT DECIDE TO RETURN AND IM SURE THE GREEK CYPRIOT LEADERSHIP ARE AWARE NOT ALL REFUGEES WILL RETURN,IN ORDER TO COMPROMISE FOR A SETTLEMENT. MY ORIGINAL COMMENT IS INTENDED FOR THOSE WHO MAKE RIDICULOUS COMMENTS ABOUT GREEK CYPRIOTS WHO HAVE HAD TO LIVE IN TC PROPERTIES,AND THE SPIRIT OF COMPROMISE ON ONE SIDE AND TOTAL REFUSAL TO MOVE ON PROPERTY ON THE OTHER!
trixi from girne comments:
val hehe
Gaz from UK comments:
Paul from Ireland. I am still waiting for an answer to my question too you.
Edward, 'I am English', your quote. My guess is you are not English by birth, evidence being your poor command of the English language.
James JH lockhart comments:
OOps Did I do Wrong posting the facts ???
I am Sorry, My Fault I thought the ROC was A European Countryie EU, Nobody Explained Rustefeti !!!
Even When the Ministry of Interior Announced there investigation Results Declaring the House I Bought Was Not from the Sellers,
From this point The Ministry Went into RUSTAFETI MODE to the EU
Its Laughable How many thousand Scammed And Skimmed. And the Rustafeti Republic of Cyprus defense is Silence ??????
Andreas from Paphos comments:
Give back Varosha, at least that would be a start and would cost Turkey nothing, after all they didn't expect it in the first place.I won't mention international law, Turkish airspace and legally flagged vessels etc. non of this has anything to do the genuine fears of Turkish Cypriots.
Edward comments:
Sensible comment from Paul in Ireland. JH still carping on about robbing lawyers and property (repetitive theme) and Evagoras should crawl back under the stone he normally inhabits.
Burt serioualy neds to read up a litte about 74 and displacement.
Incidentally, although currently in the UK I was born in Cyprus and spent the first 20 years of my life there, leaving in 1969. I am therefore well placed to speak on the issue. I am English.
Val comments:
Trixi, you have sold your soul to poetry, I am so impressed!
Loriot from Lapta comments:
Evagoras, I have news for you: there will be no reunificaton. That way you can keep on raping, killing and stealing entirely on your own in South Cyprus.
trixi from girne comments:
evagos
Why do greeks live in stolen property? Have they not got any shame he gori?
And you are sick to think turkish cypriots rape kill and still.
You need rehabilitating from your priests who would sell their mother for an investment.
What reunification are you talking about? To live among mentally retarded people like you?
You and JT should hook up and set up a sick fascist party.
We need and want the turkish military to keep us away from you kind off ill humans ,far away from us turkish cypriots.
You nasty ignorant thing .
Burt Weldon comments:
Will the RoC compensate the Turkish Cypriots for the occupation of their land by Greek Cypriots?
Evagoras from Salamina comments:
Why do the Turk Cypriots want to live in stolen property? Don't they have any shame? Don't they want to work for anything? Do they just want to live off handouts and the proceeds of crime? These people are ill. They've lost all sense of right and wrong. Hard to figure out such a sick mentality. People without a conscience. They need help. There shouldn't be reunification of Cyprus until the Turkish Cypriots are rehabilitated, until they learn that raping, killing and stealing is wrong.
Bretwalda comments:
Serves the greedy donkeyettes right.
dj from London comments:
Paul,the TC's didn't want to leave their homes in 1963 or 1967 either......but the paramilitaries, with the covert backing of Makarios, gave them no choice. The lucky escaped, many did not.
James JH lockhart comments:
I want to Enter my House in the ROC ie EMBA
But I have been a Bad boy I Exposed & beat 2 lawyers in Court, So my House is now Robbed And there is no record of a Police Case number or investigative Officer.
Oh Now I found the House I Bought That Both Sets of lawyers Insisted The Couple Selling it Where the owners NOPE wrong on that.
The Paphos lawyers have been forgetting to register House transactions after Deducting the Taxes from the Sales price.
Oh what the Hell They need the money to Fight To reclaim houses in the North ??
Loriot from Lapta comments:
There are too many armchair historians abroad who vacationed in Cyprus once or twice, read an article or two or maybe a book, and now they are experts on today's situation of the divided Cyprus.
Laughable!
Gaz from UK comments:
Paul , your statment 'More importantly greek cypriots would happily vacate such properties if they could have there ancestral homes back in the north.' Please identify the source of this information.
PAUL from IRELAND comments:
ok so can we have a date for the return of the refugees please, sampson is long gone cyprus is in the eu and turkish cypriots are being offered equal citizens in a bi zonal bi coomunal federation
Loriot from Lapta/Girne comments:
"200.000 greek cypriots left the north of cyprus not of there own choosing"
No, but by the wrong choice of the Greek junta, Mr. Sampson and his Greek Cypriot supporters.
PAUL from IRELAND comments:
To john in the uk and KYRENIA (sorry john i dont go by the title "girne" the majority of legal kyrenia cotizens find offensive) with regards to greek cypriots living in turkish cypriot properties in the south here are a few home truths. 200.000 greek cypriots left the north of cyprus not of there own choosing, 50,000 turkish cypriots moved north,now i appreciate there was a conflict,and the arguement may be used turkish cypriots suffered and lost property as well. however there is no agreed settlement in cyprus,and the population exchange was hardly equal or balanced in terms of numbers,furthermore there are notable differences,the majority of t c properties are being used by refugees,who have no choice but to settle there, contrast with the unused properties of greeks in the north that have been allocated to settlers from turkey,or sold as cheap holiday homes to foreigners. More importantly greek cypriots would happily vacate such properties if they could have there ancestral homes back in the north.your comment as to whose living in T C properties in the south, is really based on the often to used term of "greek cypriots moved to the south, turkish cypriots moved to the north" its often used in the uK media to an audience whose intelligence does not stretch futher than watching the same soap operas night after night for forty years. so enjoy life in "girne" surrounded by the turkish army camps,the settlers, keep forgetting that the majority of land belonged to greek cypriots, after all turkish cypriots moved to the north!
john from uk/girne comments:
I wonder what property they use in the south??
Dan Osman from Europe comments:
Merely refuting an earlier claim.
Loriot from Lapta comments:
What does that mean in a year of global downturn?
Dan Osman from Europe comments:
According to TurkStat the Turkish GDP was $617 billion for 2009, down by 16.8% on the previous year.
Loriot from Lapta comments:
Yes, Emir, I have seen Mykonos offered on ebay.
Emir Soler comments:
Terry@
I don’t know about RoC, but Greece is bankrupt. Turkey's economy is $800 billion a year and growing, Turkey probably ends up buying whole Cyprus and few islands in Aegean from bankrupt Greece.
Terry comments:
Quite funny to read both sides trying to justify their stances and the outcome of this case. Simple fact is that it is going to cost the greek cypriot government and the turkish cypriot government huge sums of money to settle these cases. Money they haven't got.
I hope their childish negotiations continue for a very long time and that both governments are bankrupted by the claims on them.
Emir Soler comments:
Thursday, 29 July 2010 15:54
The European Court of Human Rights (ECHR) agreed with the Turkish Republic of Northern Cyprus (TRNC) Immovable Property Commission's method of calculation for compensations.
In the case of Greek Cypriot Antonakis Solomonides against Turkey, the court ruled that the compensation requested by the applicant for his real estates in northern Cyprus was unrealistic and that the amount of compensation offered by the TRNC Commission was right.
In his application to the ECHR in 1990, Solomonides requested 23 million euro to compensate the loss of use for his properties of 343,295 square metres in Girne, Magusa, Guzelyurt and Lefkosa. The properties had a market value of 600 thousand euro in 1974.
TRNC Immovable Property Commission offered to pay 2.18 million euro as compensation to Solomonides on the basis of prices of properties in northern Cyprus.
Emir Soler from TRNC comments:
Original claim from IPC in TRNC was 24 Million
Loriot from Lapta comments:
JT, as always silly comments.
The claim was 4 times higher than the actual award and the ruling was in accordance with the Turkish Cypriot IPC assessment. Great victory, my ass!
ozcanhan comments:
my ardent desire is that the property issue is fairly resolved by the two negotiators of Cyprus with the consent of the original owners.
However , it seems that the knot is very difficult to unravel.
Turkish Cypiots also lost their properties from 1958-63-67-74 and Greek Cypriot authorities or individuals usurped the toils and revenues. They, too, have to pay large amounts of compensation to Turkish Cypriot victims who are queuing before the ECHR. The courts will handle thousands of complaints and demands for compensation or return of properties to their lawful owners through many more years to come.
It is an extremely complicated problem.
Let Christofias and Eroglu spend the rest of their lives trying to find ways to resolve the property problems.
In the meantime, many legitimate owners pass away and the issue becomes more and more complicated for the heirs.
ozcanhan
jt from uk comments:
its great when turkey has to pay out compensation, it must make them ill thinking about it......