Communicated on 25 November 2019
THIRD SECTION
Application no. 25773/19
Mihrikan GUNER
against Cyprus
lodged on 30 April 2019
SUBJECT MATTER OF THE CASE
The applicant, a Turkish Cypriot resident in the Republic of Cyprus, tried to bring proceedings in the Family Court to resolve a dispute concerning matrimonial property following her divorce. The Family Court found that it had no jurisdiction to examine the dispute because the law required that Turkish Cypriots submit such disputes to “Turkish Communal Courts”. That finding was upheld on appeal. In practice, “Turkish Communal Courts” do not operate in the Republic of Cyprus.
QUESTIONS TO THE PARTIES
1. Has the applicant complied with the six-month time-limit laid down in Article 35 § 1 of the Convention? In particular:
(a) in light of the findings of the domestic courts that they had no jurisdiction to examine the case, when did the six-month time-limit for lodging an application with the Court start to run?
(b) are there grounds for applying Rule 47 § 6 (b) of the Rules of Court?
2. Did the applicant have access to a court for the determination of her civil rights and obligations, in accordance with Article 6 § 1 of the Convention?
3. Did the applicant have at her disposal an effective domestic remedy, as required by Article 13 of the Convention?
4. Has the applicant suffered discrimination in the enjoyment of her Convention rights as a result of her ethnic origin, contrary to Article 14 of the Convention, in conjunction with Article 6 § 1, and/or Article 1 of Protocol No. 12?
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