IV 

109TH CONGRESS 

1ST SESSION H. RES. 322

Expressing support for the European Court of Human Rights for its decisions 

in the Loizidou v. Turkey and Xenides-Arestis v. Turkey cases and 

for admitting similar cases before the European Court of Human Rights. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2005

Mrs. MALONEY (for herself, Mr. BILIRAKIS, and Mr. PALLONE) submitted the 

following resolution; which was referred to the Committee on International Relations 

RESOLUTION

Expressing support for the European Court of Human 

Rights for its decisions in the Loizidou v. Turkey and 

Xenides-Arestis v. Turkey cases and for admitting similar cases before the European Court of Human Rights.

Whereas Titina Loizidou lived in Kyrenia, a city in the northern, occupied part of Cyprus until 1972 when she and 

her husband moved to Nicosia with the intention of moving back to Kyrenia at a later date; 

Whereas Turkey illegally invaded Cyprus in 1974, thereby denying Loizidou access to the property she had inherited 

from her family; 

Whereas in 1989, Loizidou filed an application against Turkey with the European Commission of Human Rights; 
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•HRES 322 IH 

Whereas the European Court of Human Rights ruled that 

Turkey was responsible for preventing Loizidou from accessing her property in Kyrenia and was found guilty of 

violating her property rights; 

Whereas in 1996, the European Court of Human Rights 

ruled that Turkey must pay Loizidou pecuniary and nonpecuniary damages of $900,000 by October 28, 1998; 

Whereas Turkey failed to meet the October 28, 1998, deadline but compensated Loizidou in 2003; 

Whereas in November 1998, Myra Xenides-Arestis filed a 

complaint against Turkey for violating her property 

rights by preventing her from accessing her property in 

the northern, occupied part of Cyprus; 

Whereas in April 2005, the European Court of Human 

Rights decided that the case brought by Xenides-Arestis 

against Turkey was admissible; 

Whereas in 2005, the European Court of Human Rights 

ruled in the same case that Turkey continues to be responsible for the occupied areas of Cyprus since Turkey 

exercises effective and overall control through the presence of its troops; 

Whereas the European Court of Human Rights ruled that 

the rejection of the Annan plan by the Greek Cypriots 

does not have the legal consequence of bringing to an end 

the continuing violation of the rights of displaced persons; and 

Whereas other Greek Cypriots whose properties were seized 

by Turkey in 1974 are in the process of bringing similar 

claims before the European Court of Human Rights: 

Now, therefore, be it

1 Resolved, That the House of Representatives—
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•HRES 322 IH 

1 (1) commends the European Court of Human 

2 Rights for its judgment in favor of Titina Loizidou 

3 in the Loizidou v. Turkey case and its more recent 

4 judgment on the admissibility of the Xenides-Arestis 

5 v. Turkey case; 

6 (2) urges the European Court of Human Rights 

7 to consider current and future cases brought by 

8 Greek Cypriots against Turkey for the violation of 

9 their property rights; and 

10 (3) urges Turkey to respect the decisions of the 

11 European Court of Human Rights with respect to 

12 Cyprus, uphold the Council of Europe’s founding 

13 values, including respect for the right to property, 

14 and end the illegal exploitation of Greek Cypriot 

15 properties in the areas of Cyprus under Turkish 

16 military occupation.

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