In this article, G KOUZALIS LLC will explain to you the latest “Compensation Mandate: Turkey’s (Turkiye’s) Legal Obligation in the Cyprus Property Rights Case”.
Introduction:
In a landmark decision, the Committee of Ministers of the Council of Europe has issued a resounding verdict, requiring Turkey’s (Turkiye’s) to unconditionally pay compensation amounting to €60 million (approximately $64 million) to individuals who have been denied access to their properties in the occupied northern part of Cyprus. This verdict comes in response to a grievous human rights violation, as confirmed by the European Court of Human Rights (ECtHR), which had previously convicted Turkey’s (Turkiye’s) of neglecting the rights of affected individuals. The awarded compensation encompasses both the original sum and accrued interest, totaling 40 million Euros for the victims and an additional 20 million Euros in interest since the initial decision.
The Legal Grounds:
The crux of the prosecution’s case revolves around the violation of Article 1 of Protocol No. 1 of the European Convention on Human Rights, which concerns the protection of property. The Committee of Ministers has unequivocally declared that Turkey’s (Turkiye’s) has transgressed this fundamental provision by perpetually obstructing access to property situated in the Turkish occupied side of Northern Cyprus. This violation strikes at the heart of individual property rights, as enshrined in the Convention.
Moreover, the plaintiffs have laid an additional charge against Turkey’s (Turkiye’s) under Article 8 of the Convention, which safeguards the right to respect for one’s home. The claimants argue that Turkey’s (Turkiye’s) actions, or rather inactions, have violated their rights in this regard, thereby compounding the infringement of their property rights. This dual violation underscores the gravity of the situation and the urgent need for rectification.
The Significance:
This ruling carries profound significance not only for the victims of this specific case but also for the broader landscape of human rights enforcement within the European context. Turkey’s (Turkiye’s) obligation to pay substantial compensation serves as a powerful deterrent against future violations of property and housing rights. It sends a clear message that states must be held accountable for their actions or inactions that infringe upon the fundamental rights of their citizens, and this accountability extends to any territory under their control.
Furthermore, the Committee of Ministers’ decision reinforces the crucial role played by the ECtHR and the European Convention on Human Rights in upholding the principles of justice, fairness, and respect for human dignity across the continent. It underscores that no state, regardless of its geopolitical or strategic interests, is exempt from the reach of international human rights law.
Conclusion:
In the face of this momentous ruling, Turkey’s (Turkiye’s) is compelled to pay €60 million in compensation for its violations of property and housing rights. This verdict sets a significant precedent, firmly establishing that the European Convention on Human Rights is a robust framework for safeguarding individual liberties and ensuring accountability when these liberties are trampled upon. As the Committee of Ministers acts in defense of these rights, the victims in this case find a measure of justice, and the world watches as human rights are upheld, reaffirming the principle that no one is above the law.
For any further questions and concerns regarding this case or other legal matters, please do not hesitate to contact our legal department at GK LLC. We are here to provide guidance and assistance to ensure the protection of your rights and interests in the future.