PROCEDURE

The case originated in an application (no. 18364/91) against the Republic of Turkey lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Cypriot national, Mr Andreas Ioannou (“the applicant”), on 7 June 1991.

The applicant, who had been granted legal aid, was represented by Mr K. Chrysostomides, a lawyer practising in Nicosia. The Turkish Government (“the Government”) were represented by their Agent, Mr Z.M. Necatigil.

The applicant alleged that the Turkish occupation of the northern part of Cyprus had deprived him of his home and properties.

The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).

By a decision of 28 March 2000 the Court declared the application admissible.

The applicant and the Government each filed observations on the merits (Rule 59 § 1). In addition, third-party comments were received from the Government of Cyprus, which had exercised its right to intervene (Article 36 § 1 of the Convention and Rule 44 § 1 (b)).

THE FACTS

The applicant was born in 1935 and lives in Nicosia.

The applicant was born and grew up in Ayios Amvrosios, a village in the District of Kyrenia. In 1973 he moved his residence to Kyrenia. During the military intervention of July 1974, Turkish troops evicted the applicant and his family from their home and forced them to leave Kyrenia and flee to the south.

The applicant claimed that he had real properties in northern Cyprus. He produced affirmations of ownership issued by the Department of Lands and Surveys of the Republic of Cyprus, according to which he was the owner of the following properties: (a) Kyrenia, Klepini, Boumbourka, field with trees, sheet/plan 13/33, plot no. 72, area: 2,784 sq. m, share: whole; (b) Kyrenia, Ayios Epiktitos, Karamanou Quarter, field with trees, sheet/plan 12/32, plot no. 235, area: 539 sq. m, share: whole; (c) Kyrenia, Ayios Amvrosios, Alakati tou Platymati, field with trees, sheet/plan 13/19, plot no. 220/2, area: 7,078 sq. m, share: whole; (d) Kyrenia, Ayios Amvrosios, Vasilion, field with trees, sheet/plan 13/20, plot no. 63, area: 3,365 sq. m, share: whole; (e) Kyrenia, Ayios Amvrosios, Vasilion, field with trees, sheet/plan 13/20, plot no. 130, area: 3,301 sq. m, share: whole; (f) Kyrenia, Ayios Amvrosios, Vasilion, field with trees, sheet/plan 13/20, plot no. 151, area: 365 sq. m, share: whole; (g) Kyrenia, Ayios Amvrosios, Platanos, garden and cultivated field, sheet/plan 13/22, plot no. 524, area: 55 sq. m, share: whole; (h) Kyrenia, Ayios Amvrosios, Vrysi tou Potamou, freshwater spring, sheet/plan 13/22, plot no. 608/1, share: whole; (i) Kyrenia, Ayios Amvrosios, Mangou, field with trees, sheet/plan 13/31, plot no. 34, area: 3,819 sq. m, share: whole; (j) Kyrenia, Pano Kyrenia, house with yard (ground level), No. 7, Demosthenous Street, sheet/plan 12/20, plot no. 34, area: 785 sq. m, share: whole.

The applicant alleged that the house described under paragraph 9 (j) above had been his permanent residence. He lived there with his wife Sophia Andreou Ioannou (the applicant in application no. 18360/91), his son Michael Michael (the applicant in application no. 18361/91) and his daughter Christina Michael.

Following the 1974 intervention and the ensuing Turkish military occupation, the applicant was deprived of access to and the use of his property. He participated in various peaceful demonstrations and marches towards his village. On all occasions he was prevented from walking home by the Turkish troops.

On 9 December 1990 the applicant made one further attempt to return to his home and property in Kyrenia and Ayios Amvrosios by participating in a convoy of cars of fellow refugees intending to return home.

The applicant and his fellow refugees, who had informed the Commander of the United Nations (UN) forces in Cyprus of their intentions, arrived at the check point in the “buffer zone“, on the main road which links Nicosia with Ayios Amvrosios and Kyrenia. There, they asked the UN officer on duty to be allowed to return to their homes, property and villages. They requested the same officer to forward their demand to the Turkish military authorities. The officer replied that the latter had refused their request.