Making it easier for Turkish Cypriots to get their property back
THE GOVERNMENT has prepared an amendment to the law on Turkish Cypriot properties, to allow their return in certain cases.
The bill, which had been kept under wraps because of the sensitivity of the issue, was meant to be approved on Thursday but was postponed until next week.
The current law, as interpreted by court decisions on an appellate level, does not leave room for release of the property as long as the state of emergency is still in force.
After the 1974 Turkish invasion, the Republic put all Turkish Cypriot properties – in the government-controlled areas -- under the guardianship of the Interior Minister, who prohibits their sale, exchange and transfer because of the state of emergency.
Properties have been returned to the Turkish Cypriot owners or they were paid compensation or both, but this practice has not been enshrined in the law.
The ‘classified’ report accompanying the bill said it was deemed necessary “on one hand to deal with cases in which the guardianship status of the property potentially violated the European Human Rights Convention and on the other hand avoid a situation where the law, due to its absoluteness, constitutes denial of property.”
The changes were prompted by a recent case before the ECHR in which the Republic settled to pay a Turkish Cypriot €500,000 as damages for loss of use of one-and-a-half houses (she is co-owner in the second) in Larnaca in which Greek Cypriot refugees are living.
The main changes to the law that would allow the Guardian to release a property concern cases where: the Turkish Cypriot owner lived abroad -- where he went before or after the invasion and continues to live there or will return to live in the government-controlled areas.
by Cyprus Mail
21.02.2010
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