AS TO THE ADMISSIBILITY OF
Application No. 19900/92
by Phanos EPIPHANIOU and 8 others
against Turkey
The European Commission of Human Rights sitting in private on
29 August 1994, the following members being present:
MM. C.A. NØRGAARD, President
S. TRECHSEL
A. WEITZEL
F. ERMACORA
E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
Mrs. G.H. THUNE
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
MM. L. LOUCAIDES
J.-C. GEUS
M.P. PELLONPÄÄ
B. MARXER
M.A. NOWICKI
I. CABRAL BARRETO
B. CONFORTI
N. BRATZA
I. BÉKÉS
J. MUCHA
E. KONSTANTINOV
D. SVÁBY
Mr. H.C. KRÜGER, Secretary to the Commission
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 26 January 1990
by Phanos EPIPHANIOU and 8 others against Turkey and registered on
27 April 1992 under file No. 19900/92;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The 9 applicants (see Annex) are Cypriot citizens, born and
formerly domiciled in Famagusta, northern Cyprus, where Turkish
military forces have been stationed since 1974. Until 1974 all were
members of the Famagusta Municipal Council.
Before the Commission the applicants are represented by
Mr. Adamos Adamides, a lawyer practising in Limassol.
The facts of the case as they have been submitted by the
applicants may be summarised as follows:
The applicants state that during the invasion of July 1974 the
Turkish troops evicted them from their homes and forced them to leave
Famagusta and to flee to the south. Since 1974 the town of Famagusta
is under Turkish military occupation.
As a result of the invasion the Turkish military authorities have
occupied and used their homes and properties and have prevented them
from having access to and using their houses and possessing their
properties, from exercising their right to respect for their homes and
from enjoying their home town and from moving freely to the town of
Famagusta.
The applicants made several attempts to return to their homes and
properties in Famagusta. On all occasions they were prevented by the
Turkish troops from walking home. On 23 December 1989 they made a last
attempt but they were not allowed through by the Turkish troops. They
are continuously prevented from entering the northern part of Cyprus
because of their Greek-Cypriot origin.
COMPLAINTS
The applicants allege that the facts, as stated above, disclose
violations of Articles 8, 13 and 14 of the Convention, Article 1 of
Protocol N° 1 and Article 2 of Protocol N° 4 to the Convention.
They state that since the invasion of the northern part of Cyprus
in July 1974 on various occasions Turkey has prevented them, because
of their religion and national origin, from returning to their homes
and properties and moving freely to northern Cyprus, from exercising
their rights to respect for their homes and to peaceful enjoyment of
their possessions in breach of Articles 8, 13 and 14 of the Convention,
Article 1 of Protocol N° 1 and Article 2 of Protocol N° 4.
THE LAW
1. The applicants complain under Articles 8, 13 and 14
(Art. 8, 13, 14) of the Convention, Article 1 of Protocol No. 1 and
Article 2 of Protocol No. 4 (P4-2) to the Convention of a continuing
violation by Turkish authorities of the rights guaranteed by these
provisions.
2. With regard to the applicants' complaints under Article 2 of
Protocol No. 4 (P4-2) to the Convention, the Commission notes that
Turkey is not a Party to this Protocol. It follows that this part of
the application must be declared inadmissible under Article 27 para. 2
(Art. 27-2) as being incompatible ratione personae with the provisions
of the Convention.
3. With regard to the remainder of the application the Commission
notes that similar issues are pending before the Court in the Loizidou
v. Turkey case. The Commission considers that it cannot at this stage
on the basis of the file determine the admissibility of these
complaints. It finds it necessary to give notice of these complaints
to the respondent Government, without asking for their observations at
this stage, and to adjourn its further examination of the application
pending the Court's determination of the Loizidou case.
For these reasons, the Commission, by a majority
DECLARES INADMISSIBLE the complaints under Article 2 of Protocol
No. 4 (P4-2) to the Convention;
DECIDES TO ADJOURN its examination of the remainder of the
application.
Secretary to the Commission President of the Commission
(H. C. KRÜGER) (C. A. NØRGAARD)
ANNEX
The applicants of the present Application, all permanent
residents of Famagusta until 1974, are as follows:
1. Phanos EPIPHANIOU, born in 1934 in Famagusta and since 1974
resident of Nicosia, last Mayor of Famagusta.
2. Sofi PHITIDOU, born in 1947 in Famagusta and since 1974
resident of Nicosia, Deputy Mayor.
3. Pantelakis KYRIAKIDES, born in 1933 in Famagusta and since 1974
resident of Nicosia, Counsellor.
4. Kleanthis STAVRI, born in 1936 in Famagusta and since 1974
resident of Nicosia, Counsellor.
5. Andreas Boyiadjis, born in 1940 in Larnaca, permanent
resident of Famagusta and since 1974 resident of Limassol, Mayor
by rotation.
6. Christodoulos DIMITRIADES, born in 1925 in Limassol, permanent
resident of Famagusta and since 1974 resident of Limassol,
Counsellor.
7. Theodoros ECONOMOU, born in 1924 in Famagusta and since 1974
resident of Larnaca, Mayor by rotation.
8. Anastassis GEORGHIOU, born in 1933 in Famagusta and since 1974
resident of Larnaca, Counsellor.
9. Ioakeim KALLIS, born in 1943 in Famagusta and since 1974
resident of Limassol, Mayor by rotation.
Full & Egal Universal Law Academy