CYPRUS could be heading for a head-on collision with the European Court of Human Rights (ECHR) over the land-swap deal between a Greek and Turkish Cypriot, former Attorney-general Alecos Markides said yesterday.
At the heart of the matter are two major concerns, one of which is whether the ECHR will accept the deal made through the controversial property commission in the north as an adequate domestic remedy.
This would likely result in thousands of ECHR applications by Greek Cypriot refugees being sent on to the property commission for a solution.
The Greek Cypriot refugee who land-swapped with the Turkish Cypriot already had an application with the ECHR when he applied to the property commission.
The second issue concerns the Guardian of Turkish Cypriot Property, which is part of the Cyprus government, and is the only authority legally allowed to return land to Turkish Cypriots who claim it back under the courts, if they have been residing in the Republic for six months or more.
If the ECHR gives the green light to the land swap, not only does it give legitimacy to the property commission, but it also puts the Guardianship on the spot because the Greek Cypriot refugee would be claiming Turkish Cypriot land not legally returned by the Guardian.
Markides told state radio yesterday that a possible refusal by the Guardian to accept the ECHR ruling, if it is in favour of the Greek Cypriot refugee, could propel the Cyprus government into a collision course with the Human Rights Court.
“The Cyprus government may very well say they don’t want to accept the decision to hand over the land which is under the jurisdiction of the guardianship but the result will be a head-on clash between Cyprus and the European Court of Human Rights, and as a consequence, the European Council,” said Markides.
He said the Council would ultimately raise the matter if the ECHR ruling was not implemented by the Cyprus government. “We cannot be in opposition to the other member states and as a result we will have a fiasco on our hands,” Markides added.
“We all have to understand that the matters being looked into in the ECHR are not just human rights but political issues.”
Markides also called on the Greek Cypriot individual who resorted to the property commission to take his complaint back to the ECHR. “If he cannot be convinced, then the danger remains,” said Markides.
The government has already asked the ECHR to reassess any thoughts of ratifying the land deal, but Attorney-general Petros Clerides confirmed yesterday that a request for a hearing had been denied.
“Of course we have a case but it was not accepted,” he said. “This is not the fault of the legal services, and yes, it is a negative development.”
Asked whether the status of the Guardianship might come into question as far as the EU was concerned, Clerides said its role was well known, and that it was recognised as a responsible authority.
All of the political parties yesterday expressed their concern over the development fearing it would bring an end to any possibility of justice for refugees.
In the north, the chairwoman of the property commission Sumer Erkmen said: “A plaintiff at the ECHR has reached an agreement with us and he is withdrawing his lawsuit there. This will influence positively the ECHR as well. This issue bears great importance from this point of view, because it is an indication that the issue can be solved within the local remedy means in the north without being taken to the ECHR.”
Erkmen forecast that the ECHR decision would be in favour of the commission and that all Greek Cypriots with applications at the ECHR would be forced to withdraw them.
