Loizidou vs Turkey
Encyclopedia
Loizidou v. Turkey is a landmark legal case regarding the rights of refugees wishing to return to their former homes and properties. The European Court of Human Rights
ruled (24 years after she had filed her case) that Mrs. Titina Loizidou
, and consequently all other refugees, have the right to return to their former properties. The ECHR ruled that Turkey
had violated Mrs. Loizidou's human rights, that she should be allowed to return to her home and that Turkey should pay damages to her. Turkey initially ignored this ruling.
On 22 July 1989 a Cypriot
national Mrs. Titina Loizidou filed an application against Turkey
to the European Court of Human Rights. Mrs. Loizidou had been forced out of her home during Turkey's
invasion of Cyprus
in 1974 along with around 200,000 other Greek-Cypriots. During more than 20 years, she made a number of attempts to return to her home in Kyrenia
but was denied entry into the Turkish occupied part of Cyprus
by the Turkish army
.
Her application resulted in three judgments by the European Court of Human Rights
(Strasbourg
) which held Turkey responsible for human rights
violations in the northern part of Cyprus
, which is under overall control of the Turkish armed forces.
The U.S. Department of State commented on this case:
The Court also stated expressly that the damages awarded were not compensation for the property per se, but only for the denial of the ownership and use of the property, and that Ms Loizidou retains full legal ownership of her property.
In 2003 Turkey paid Ms Loizidou the compensation amounts (of over $1 million) ruled by the European Court of Human Rights. Turkey has also evacuated her house to return it to her. Ms Loizidou has chosen not to return, as she claimed that there are Turkish occupation troops making her return unsafe. The Court accepted her claim. As a result Turkey will continue to pay compensation to her for denying her the right to enjoy her property.
. Although several similar cases have been brought to the ECHR are awaiting judgement, two have been concluded in a similar fashion:
Loizidou case was also cited in the 2001 judgment on the interstate case Cyprus v. Turkey
.
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
ruled (24 years after she had filed her case) that Mrs. Titina Loizidou
Titina Loizidou
Titina Loizidou is a Greek Cypriot refugee from the village of Kyrenia on the mediterranean island of Cyprus who went to the European Court of Human Rights Titina Loizidou is a Greek Cypriot refugee from the village of Kyrenia on the mediterranean island of Cyprus who went to the European Court...
, and consequently all other refugees, have the right to return to their former properties. The ECHR ruled that Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
had violated Mrs. Loizidou's human rights, that she should be allowed to return to her home and that Turkey should pay damages to her. Turkey initially ignored this ruling.
On 22 July 1989 a Cypriot
Cyprus
Cyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the...
national Mrs. Titina Loizidou filed an application against Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
to the European Court of Human Rights. Mrs. Loizidou had been forced out of her home during Turkey's
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
invasion of Cyprus
Cyprus
Cyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the...
in 1974 along with around 200,000 other Greek-Cypriots. During more than 20 years, she made a number of attempts to return to her home in Kyrenia
Kyrenia
Kyrenia is a town on the northern coast of Cyprus, noted for its historic harbour and castle. Internationally recognised as part of the Republic of Cyprus, Kyrenia has been under Turkish control since the Turkish invasion of Cyprus in 1974...
but was denied entry into the Turkish occupied part of Cyprus
Turkish Republic of Northern Cyprus
Northern Cyprus or North Cyprus , officially the Turkish Republic of Northern Cyprus , is a self-declared state that comprises the northeastern part of the island of Cyprus...
by the Turkish army
Turkish Army
The Turkish Army or Turkish Land Forces is the main branch of the Turkish Armed Forces responsible for land-based military operations. The modern history of the army began with its formation after the collapse of the Ottoman Empire...
.
Her application resulted in three judgments by the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
(Strasbourg
Strasbourg
Strasbourg is the capital and principal city of the Alsace region in eastern France and is the official seat of the European Parliament. Located close to the border with Germany, it is the capital of the Bas-Rhin département. The city and the region of Alsace are historically German-speaking,...
) which held Turkey responsible for human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
violations in the northern part of Cyprus
Cyprus
Cyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the...
, which is under overall control of the Turkish armed forces.
The U.S. Department of State commented on this case:
- "In 1996 the European Court of Human Rights ruled 11 to 6 that Turkey committed a continuing violation of the rights of a Greek Cypriot woman by preventing her from going to her property located in north Cyprus. The ruling reaffirmed the validity of property deeds issued prior to 1974. The Court also found in this case that "it was obvious from the large number of troops engaged in active duties in northern Cyprus that the Turkish army exercised effective overall control there. In the circumstances of the case, this entailed Turkey’s responsibility for the policies and actions of the ‘TRNC’". In July the Court ordered Turkey to pay the woman approximately $915,000 in damages and costs by October 28. Initially Turkey declined to pay the damages awarded. The Turkish Government stated that it cannot implement the Court’s decision, which it contends is a political decision, and argued that the land in question is not Turkish but is part of the "Turkish Republic of Northern Cyprus. The Council of Europe (COE) during 1999 continued to call on the Turkish Government to comply with the Court’s decision. In October the COE Committee of Ministers’ Deputies voted to deplore Turkey’s lack of compliance. A number of similar cases have been filed with the ECHR."
The Court also stated expressly that the damages awarded were not compensation for the property per se, but only for the denial of the ownership and use of the property, and that Ms Loizidou retains full legal ownership of her property.
In 2003 Turkey paid Ms Loizidou the compensation amounts (of over $1 million) ruled by the European Court of Human Rights. Turkey has also evacuated her house to return it to her. Ms Loizidou has chosen not to return, as she claimed that there are Turkish occupation troops making her return unsafe. The Court accepted her claim. As a result Turkey will continue to pay compensation to her for denying her the right to enjoy her property.
Precedent
The case serves as important precedent for judgements in international courts of law regarding the Cyprus disputeCyprus dispute
The Cyprus dispute is the result of the ongoing conflict between the Republic of Cyprus and Turkey, over the Turkish occupied northern part of Cyprus....
. Although several similar cases have been brought to the ECHR are awaiting judgement, two have been concluded in a similar fashion:
- May 2007: Myra Xenides v. Turkey, where Myra Xenides was awarded damages for loss of use of her property in FamagustaFamagustaFamagusta is a city on the east coast of Cyprus and is capital of the Famagusta District. It is located east of Nicosia, and possesses the deepest harbour of the island.-Name:...
. - April 2008: Demades vs Turkey, where Ioannis Demades was awarded damages amounting to €835,000 for loss of use of his KyreniaKyreniaKyrenia is a town on the northern coast of Cyprus, noted for its historic harbour and castle. Internationally recognised as part of the Republic of Cyprus, Kyrenia has been under Turkish control since the Turkish invasion of Cyprus in 1974...
property.
Loizidou case was also cited in the 2001 judgment on the interstate case Cyprus v. Turkey
Cyprus v. Turkey
Cyprus v. Turkey is a case raised by Cyprus against Turkey in 1994 and decided on merits by the Grand Chamber of the European Court of Human Rights in 2001. It concerns the situation existing in northern Cyprus after 1974 partition of the island.-Judgment:On the accountability, the Court held, by...
.
See also
- Apostolides v OramsApostolides v OramsApostolides v Orams is a landmark legal case decided in the European Court of Justice on 28 April 2009. It concerned the right for Greek Cypriot refugees to reclaim land in northern Cyprus, displaced after the 1974 partition of Cyprus...
- Human rights in TurkeyHuman rights in TurkeyHuman rights in Turkey are theoretically protected by a variety of international law treaties, which take precedence over domestic legislation, according to Article 90 of the 1982 Constitution....
- Human rights in Northern CyprusHuman rights in Northern CyprusHuman rights in Northern Cyprus are protected by the constitution of Northern Cyprus. However, there have been reports of violations of the human rights of minorities, democratic freedom, freedom from discrimination, freedom from torture, freedom of movement, freedom of religion, freedom of speech,...
- Greek Cypriots, et al. v. TRNC and HSBC Bank USAGreek Cypriots, et al. v. TRNC and HSBC Bank USAGreek Cypriots, et al. v. TRNC and HSBC Bank USA is a pending class action suit by Greek Cypriots and others against the TRNC Representative Offices in the United States and HSBC Bank USA. The TRNC Representative Offices are a commercial entity because the United States does not formally recognise...
' - Eleni FokaEleni FokaEleni Foka is a Greek Cypriot primary school teacher who was victimized by officials of the government of Northern Cyprus. She was a teacher at the Greek-Cypriot elementary school in Ayia Triada, Yialousa, in the Karpas region of Northern Cyprus...