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Cyprus: Property Compensation Scheme

Volume 693: debated on Monday 9 July 2007

asked Her Majesty's Government:

Whether the European Court of Human Rights (ECHR) has approved the property compensation scheme established by the Government of the Turkish Republic of Northern Cyprus; and whether they concur with the ruling of the ECHR.[HL4488]

The European Court of Human Rights (ECHR) noted in its judgment of 7 December 2006 in Xenides-Arestis v Turkey (application no. 46347/99) that,

“the new compensation and restitution mechanism, in principle, has taken care of the requirements of the decision of the Court on admissibility of 14 March 2005 and the judgement on the merits of 22 December 2005. The Court points out that the parties failed to reach an agreement on the issue of just satisfaction where, like in the case of Broniowski v. Poland (friendly settlement and just satisfaction) ([GC], no. 31443/96, ECHR 2005-...), it would have been possible for the Court to address all the relevant issues of the effectiveness of this remedy in detail”.

Under Article 46(1) of the ECHR, the parties to the convention undertake to abide by the final judgment of the court in any case to which they are parties.

asked Her Majesty's Government:

Whether they propose to encourage Greek Cypriot claimants to property in Northern Cyprus to apply for compensation or reinstatement to the Property Commission in Northern Cyprus rather than to the United Kingdom courts. [HL4489]