PROCEDURE

The case originated in an application (no. 18404/91) 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 Loukas Nicola (“the applicant”), on 31 May 1991.

The applicant was represented by Mr L. 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 deprived him of his home and properties.

The applicant died on 25 May 1992. On 27 July 1999 his son, Mr Andreas Luca Nicolaides, who had become the administrator of his estate, informed the Court that he wished to pursue the application on behalf of the deceased. This intention was confirmed on 26 January 2008.

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 1904 and lives in Nicosia.

The applicant claimed that until 1974 he had lived with his family (composed of his wife, two of his sons, his married daughter, her husband and her two children) in a house which belonged to him in Trypimeni, a village in the District of Famagusta.

The applicant produced a copy of the original title deed, dated 3 February 1936. According to this document, the house at issue originally consisted of two rooms at ground level, one room on the upper floor, two verandas, one stable, one village oven and a yard with trees. It was registered under registration number 5299, sheet/plan 13/40, plot no. 165. The area of the applicant’s land was 377 sq. m. According to an affidavit signed by the applicant’s son, three additional rooms (one downstairs and one upstairs) had been built prior to July 1974. The house had an overall inside area of approximately 200 sq. m.

In July 1974, according to the applicant, he had been forced to leave Famagusta and flee to the area still controlled by the Cypriot Government.

Since 1974 the applicant had been unable to return to his home and property in the northern part of Cyprus. On 9 December 1990 he took part in a car convoy organised by persons from three villages in Kyrenia and from Trypimeni wishing to return to their homes in the north peacefully. The participants in the convoy had informed the commander of the United Nations (UN) forces in Cyprus of their intention to return home. They drove to the “buffer zone” checkpoint on the main road linking Nicosia and Famagusta. There they stopped and asked the UN officer on duty to be allowed to return to their homes, property and villages. They requested him to transmit their demand to the Turkish military authorities. The UN officer announced to the applicant and the other participants in the convoy that their request to drive through the checkpoint and enter the northern part of Cyprus had been refused by the Turkish military authorities.

The applicant alleged that his house in Trypimeni had been used by the Turkish army. The Government disputed this allegation.