In occupying the
north of the island, Turkey forcibly expelled
the Greek Cypriots living there, who
constituted about 80% of the indigenous
population.
About 28% of the
Greek Cypriots, fleeing from the Turkish
invading forces, streamed into the
government-controlled area, homeless and
destitute. Most of them had to sleep in the
open for several weeks before they were given
shelter in tented camps.
With the passage
of time, and thanks to international aid, the
housing problem of the refugees was overcome.
However, their demand for their basic human
rights to be respected and for them to be
allowed to return to their homes remains
unrequited.
The European
Commission of Human Rights of the Council of
Europe in its report adopted on 10 July 1976
found Turkey responsible for the eviction of
the Greek Cypriots from their homes, for its
refusal to allow their return to their homes
and for the looting and deprivation of their
possessions.
In July 1989, a
Kyrenia refugee, Mrs Titina
Loizidou, brought a case before the European
Court of Human Rights against Turkey alleging
violation of her right to "peacefully enjoy"
her property in Kyrenia, which is situated in
the Turkish-occupied part of Cyprus.
She claimed that
Turkey violated Article 8 and Article 1 of
Protocol 1 of the European Convention of Human
Rights. Article 1 provides that "every natural
or legal person is entitled to the peaceful
enjoyment of his possessions" and Article 8
stipulates that "everyone has the right to
respect for his private and family
life".
On 18 December
1996 the Court ruled by 11 votes to six that
Turkey had violated Titina Loizidou's property
rights by denying her access to plots of land
in Kyrenia. It dismissed Turkey's argument that
the European Human Rights Convention did not
apply to its occupation of the northern half of
the island since it occurred before Ankara
accepted its jurisdiction. The Court found
Turkey responsible for continuing violation of
human rights in the Turkish occupied area of
Cyprus and, refused, moreover to accept the
legitimacy of the breakaway regime subsequently
set up in occupied Cyprus, stating that the
Republic of Cyprus remains the sole legitimate
government on the island.
More recently
the Court, in its judgement in the case of
Cyprus V. Turkey (application no.25781/94 ) on
May 10, 2001 found, by sixteen votes to one,
the Turkish vote, that Turkey committed 14
violations of the European Convention on Human
Rights. Out of these, three violations concern
the rights of Greek Cypriot displaced persons.
More specifically, the Court held that Turkey
committed the following violations :
- a continuing
violation of Article 8 (right to respect for
private and family life, home and
correspondence) concerning the refusal to allow
the return of any Greek-Cypriot displaced
persons to their homes in northern
Cyprus;
- a continuing
violation of Article 1 of ProtocolNo. 1
(protection of property) concerning the fact
that Greek-Cypriot owners of property in
northern Cyprus were being denied access to and
control, use and enjoyment of their property as
well as any compensation for the interference
with their property rights;
- a violation of
Article 13 (right to an effective remedy)
concerning the failure to provide to Greek
Cypriots not residing in northern Cyprus any
remedies to contest interferences with their
rights under Article 8 and Article 1 of
Protocol No. 1.
Furthermore, the
General Assembly, the Security Council and the
Commission on Human Rights of the United
Nations as well as the Non-Aligned Movement,
the Commonwealth, the European Parliament, the
Council of Europe and other international
organisations demanded the urgent return of the
refugees to their homes in safety and called
for the full restoration of all human rights of
the population of Cyprus.
The Cyprus
Government has urged Turkey to comply with
these resolutions and to recognise that
Cyprus%26rsquo; citizens have the right to
freedom of movement, freedom of settlement and
the right to enjoy their own property
throughout the island.
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