THE EUROPEAN Court of Human Rights (ECHR) yesterday dismissed Turkey’s appeal in the Demades case and called on Ankara to pay over €800,000 in compensation.
Turkey had asked the ECHR to re-examine its April decision on the Demades vs Turkey case but was turned down, rendering the court’s decision final. Instead, Ankara was instructed to pay €830,000 to the applicant for compensation plus interest, as well as €5,000 for court expenses.
Commenting on the decision, refugee Ioannis Demades’ lawyer Achilleas Demetriades said the ECHR had taken a “significant step” in reaffirming that the owner of property in the Turkish occupied areas remains the person whose name appears on the deeds.
He added that the compensation ordered by the ECHR does not deny the owner of his property but is merely compensation for loss of use.
The ECHR decision was given to the parties in writing and renders the April 22 decision final, since the Court dismissed Turkey’s demand to re-examine the specific decision.
In April, the ECHR gave Turkey three months to pay €835,000 to Demades for the loss of use of his property in occupied Kyrenia.
The Fourth Section of the ECHR ordered Turkey to pay the applicant in the case Demades v. Turkey within three months the comprehensive sums of €785,000 in respect of pecuniary damage, €45,000 in respect of non pecuniary damage and €5,000 in respect of costs and expenses.
The Court recalled that in its principle judgment it found Turkey guilty of continuous violations of the European Convention of Human Rights by reason of complete denial of the rights of the applicant with respect to his home and the peaceful enjoyment of his property in Kyrenia.
It added that its finding of a violation of the applicant’s rights with respect to his home and the peaceful enjoyment of his property was based on the fact that as a consequence of being continuously denied access to his land since 1974 the applicant had effectively lost all access and control as well as all possibilities to use and enjoy his property.
Displaced Greek Cypriots like Demades cannot be deemed to have lost title to their property, and compensation to be awarded by this Court in such cases is confined to losses emanating from the denial of access and loss of control, use and enjoyment of his property, the decision adds.
Demades, who died in 2006, submitted his application against Turkey in 1990. His heirs pursued the application later on.
The decision was held by six votes to one. The Turkish Cypriot judge, representing Turkey, voted against the decision.
Demades’ home, a two storey house with garden near the sea, is now occupied by a high ranking Turkish army officer. The whole area around the house is a Turkish military zone.
