A SECOND Turkish Cypriot is in the courts to reclaim his property in the south, while government services are currently dealing with another 100-120 cases, according to yesterday’s Politis.
The paper reported that a second case similar to Arif Mustafa’s is currently under review in court. The Supreme Court ruled in favour of the return of Mustafa’s property, currently inhabited by Greek Cypriot refugees, last Friday in a landmark decision, sending fear and confusion throughout the refugee community living in Turkish Cypriot properties.
The Turkish Cypriot now residing in Paphos is seeking to reclaim his house and secure compensation for land that was expropriated by the state in the public interest.
Like others in his situation, the Turkish Cypriot was offered alternative housing by the Interior Ministry, but no deal has yet been reached. According to Politis, the court proceedings have frozen pending an appeal filed by the Attorney-general against the Supreme Court decision to award Mustafa his property back.
Meanwhile, the paper cited sources claiming that 20 to 30 cases had already been settled through the provision of alternative property by the Interior Ministry, while another 100 to 120 are currently under review.
Attorney-general Solon Nikitas filed an appeal last Wednesday contesting the decision in favour of Mustafa, and the following day applied to suspend implementation of the decision until the appeal was heard.
The court will examine the request for a court injunction to suspend implementation this Monday. The lawyer of the refugee family living in Mustafa’s home, Christodoulos Taramoundas, also filed an appeal against the Supreme Court decision, based on the same reasons put forward by the Attorney-general.
The appeal by the Legal Service has raised a great deal of concern in legal circles since a rejection of the appeal by the Supreme Court bench would open the floodgates even wider for Turkish Cypriot claims to have their property returned, affecting cases under review and creating new cases. There are an estimated 40,000 Greek Cypriot refugees that could be affected by such cases. Around 5,500 families live in Turkish Cypriot houses while a further 6,000 live in houses built on Turkish Cypriot land, according to reports.
If the Attorney-general’s appeal is approved, the case will almost certainly be taken to the European Court of Human Rights in Strasburg, as Mustafa has vowed to do.
