PROCEDURE

The case originated in an application (no. 36705/97) 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 Orphanides (“the applicant”), on 9 June 1997.

The applicant was represented by Mr C. Clerides, 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 prevented him from having access to 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 8 June 1999 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 1955 and lives in Nicosia.

The applicant claimed that until July 1974 he used to live with his family in a house belonging to his parents in Lapithos, a village in the District of Kyrenia. In July 1974, as the Turkish army was advancing, the applicant and his family had been forced to leave Lapithos. Ever since, they have not been able to return to the applicant’s parents’ house.

On 20 April 1990 the applicant’s parents donated half of their house to the applicant. They also donated to him half of three other houses, two shops and a number of plots of land and water installations in Lapithos. The remaining half of the properties mentioned above was transferred to the applicant’s sister. The transfers at issue were recorded in the Land Registry of the Republic of Cyprus.

The applicant produced the relevant affirmations of ownership issued by the Republic of Cyprus. According to these documents, the applicant’s properties could be described as follows: (a) plot no. 288/3, sheet/plan 11/14 E.1, plot of land – olive grove, area 2,282 sq. m; (b) plots nos. 511 and 513, sheet/plan 11/14E.2, plots of land, area: 3,862 sq. m and 3,405 sq. m respectively; (c) plots nos. 19, 20, 28 and 29, sheet/plan 11/15W.1, plots of land, area: 1,053 sq. m, 1,024 sq. m, 1,769 sq. m and 1,405 sq. m respectively; (d) plots nos. 98 and 128/1, sheet/plan 11/15W.2, lemon plantations, area: 5,219 sq. m and 1,469 sq. m respectively; (e) plot no. 296, sheet/plan 11/15W.2, lemon plantation with bore hole, area: 4,877 sq. m; (f) plots nos. 22, 22/1, 22/2, 22/3 and 22/4, sheet/plan 11/15W.2 and E.2, lemon plantation with two wells and one ground storey residence, area: 7,032 sq. m; (g) plot no. 42, sheet/plan 11/15W.2.E (no. 2), lemon plantation, area: 1,018 sq. m; (h) plot no. 104, sheet/plan 11/15W.2.E (no. 2), tank of an area of 37 sq. m with a freshwater spring; (i) plots nos. 60/1/2, 63/1 and 63/3, sheet/plan 11.23E.1,W (no. 1), lemon plantation (area: 2,358 sq. m) with a bore hole and one tank (area: 84 sq. m); on this property had been constructed: a ground storey residence of an area of 152.25 sq. m; two shops of an area of 56 sq. m; two semidetached ground storey residences (areas: 152.25 sq. m and 63 sq. m respectively); one residence of an area of 219.41 sq. m; (j) plots nos. 53, 773, 774, 775 and 776, sheet/plan 11/23W.2,E.1 and 11/23W1E (no. 2), right to use a freshwater spring.

The applicant alleged that the Turkish occupation of northern Cyprus had prevented him from using and/or enjoying his properties.