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Press Release Regarding The Confirmation Of Ipc’s (immovable Property Commission) Effectiveness With The Judgement Of The Ecthr , 05.03.2010

The European Court of Human Rights (ECtHR) today (5 March) announced its judgement on the effectiveness of the Immovable Property Commission (IPC), established in line with the Xenides-Arestis judgement of the ECtHR as of 22 December 2005.

IPC’s effectiveness as a domestic remedy has been confirmed with the judgement of the ECtHR. Moreover, after declaring IPC as an effective domestic mechanism, it became imperative for the citizens of the Greek Cypriot Administration to bring their claims primarily before the IPC and to seek a solution for the immovables of which they claim to possess in the Turkish Republic of Northern Cyprus before 1974. In other words, this means that the property cases before the ECtHR has to be referred first and foremost to the IPC. Furthermore, this judgement has confirmed the existence of a functioning legal system in the TRNC as emphasized by the previous ECtHR judgements.

The IPC begun to function as of March 2006, in line with the ECtHR judgements. Since then, more than 450 applications have been made to the IPC and nearly 100 of them have resulted in friendly settlements. The IPC constitutes the only effective settlement mechanism established in the island up till now as regards the property issue, which constitutes one of the most important aspects of the Cyprus problem. On the other hand, this judgment means the recognition of compatibility with international law of the acts of the relevant TRNC authorities and their conformity with European standards.

It is imperative to handle the property issue, which constitutes the most complex aspect of the Cyprus problem, as a whole in a comprehensive settlement and to solve this issue within the UN parameters. Turkey supports the comprehensive settlement negotiations in the island conducted under the auspices of the UN within this understanding. Despite the efforts of the Turkish side to reach a just and lasting solution as soon as possible, the Greek Cypriot leadership fails to show the same determination. We believe, by drawing necessary lessons from the judgement of the ECtHR, the Greek Cypriot Administration will eventually realize that all aspects of the Cyprus question including the property issue should be solved through negotiations with the TRNC.