Published on 12 June 2023
SECOND SECTION
Application no. 48432/19
Nearchos PHILITAS and Andis PHILITAS
against Türkiye
lodged on 3 September 2019
communicated on 26 May 2023
SUBJECT MATTER OF THE CASE
The application concerns the non-enforcement of the award ordered by the Immovable Property Commission (“IPC”) established in 2005 to examine the Greek Cypriots’ property claims in the Turkish Republic of Northern Cyprus (“TRNC”). The payment of the compensation award has been due since 27 November 2018. Moreover, the case also raises the issue of the lack of effective remedies for a complaint of non-enforcement of the IPC compensation awards. In particular, it is not possible to enforce the IPC award until a special form is signed to that effect and the moment at which that form can be signed is determined by the “TRNC” authorities. At the same time, no statutory interest is payable on the IPC awards.
The applicants complain of a violation of Articles 6, 13, 14 of the Convention and Article 1 of Protocol No. 1 to the Convention.
QUESTIONS TO THE PARTIES
1. Having regard to the prolonged non-enforcement of the IPC award, has there been a breach of the applicants’ rights under Articles 6 § 1 of the Convention and Article 1 of Protocol No. 1, taken alone and in conjunction with Article 14 of the Convention?
2. Did the applicants have at their disposal an effective remedy for their complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 (either alone or taken in conjunction with Article 14 of the Convention), as required by Article 13 of the Convention?