Nicosia: The European Court of Human Rights has directed Turkey to pay £18,000 to the Greek Cypriot company K.V. Mediterranean Tours Limited. This payment includes £7,000 for non-pecuniary damage and £11,000 for costs and expenses related to the company’s property in the fenced-off area of Famagusta.
According to Cyprus News Agency, the ruling in the case of K.V. Mediterranean Tours Limited v. Turkey found a violation of Article 1 of Protocol No. 1, which pertains to the peaceful enjoyment of possessions. The Court, however, withheld a decision on pecuniary damage, citing it as not yet ready for resolution. This aspect will be addressed in a future decision.
The case involves a building complex owned by K.V. Mediterranean Tours Limited, located in Famagusta, an area closed off following the 1974 Turkish intervention. The company filed a compensation claim with the “Immovable Property Commission (IPC)” in 2010 for the loss of use of its property and sought restitution, compensation for non-pecuniary damage, statutory interest, and legal costs.
After exhausting domestic legal remedies in the Turkish-occupied territories, the company appealed to the European Court of Human Rights. The Court, supported by official certificates, recognized K.V. Mediterranean Tours Limited as the property’s legal owner.
The Court’s examination focused on the effectiveness of the “IPC” as a channel for Greek Cypriot compensation claims in the ‘trnc’, Turkey’s illegal regime in occupied territories. The involvement of Evkaf, a religious foundation, in the proceedings and concerns about impartiality in the High Administrative Court were also scrutinized. Evkaf oversees the management of vakifs (foundations) in Cyprus.
The Court acknowledged the progress made by the “IPC” in handling property claims and noted the various remedies offered, such as compensation, exchange, and restitution. However, it criticized the lengthy proceedings, attributing delays to the passive approach of the IPC and the procrastination of ‘trnc’ authorities in document preparation and evidence gathering.
Under Article 46, the Court emphasized the need for sustained efforts to expedite “IPC” proceedings and ensure effective redress for delays. Allegations regarding Evkaf’s participation affecting fairness were dismissed as unsubstantiated, with the Court noting that Evkaf’s involvement was necessary for a fair trial and did not automatically confer ownership to the foundation.
Judges Yksel (Turkey) and Paczolay (Hungary) partially dissented, arguing that the violation of Article 1 of Protocol No. 1 was procedural, linked to a lack of coherence and diligence. They suggested that redress could still be achieved through ongoing IPC proceedings.
Cyprus has remained divided since the 1974 Turkish invasion, with the fenced-off section of Famagusta, Varosha, often called a ‘ghost town.’ UN Security Council resolutions have denounced attempts to settle Varosha by non-inhabitants and called for its transfer to UN administration. Recent actions, including opening parts of Varosha, have not addressed these calls, drawing concern from the UN and the EU.