PROCEDURE

The case originated in an application (no. 37395/97) 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 three Cypriot nationals, Mr Costas Hadjiprocopiou, Mrs Elli Hadjiprocopiou and Mrs Maria Hadjiprocopiou-Iacovidou (“the applicants”), on 22 July 1997.

The applicants were represented by Mr A. Demetriades and Mrs Vicky Loizides, two lawyers practising in Nicosia. The Turkish Government (“the Government”) were represented by their Agent, Mr Z.M. Necatigil.

The applicants alleged that the Turkish occupation of the northern part of Cyprus had deprived them of their 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 applicants 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 first and second applicants, a married couple, were born in 1916 and 1928 respectively and live in Ayia Napa. The third applicant, their daughter, was born in 1959 and lives in Limassol.

The applicants were the owners of a plot of land and of a building located in Famagusta, in the central Franklin Roosevelt street. The building comprised an underground parking space, eight shops, a cafeteria and six apartments. The shops were on the ground floor, while the apartments were on the first, mezzanine and second floor. Until 14 August 1974 one of these apartments was used by the three applicants as their home and another by the first applicant as his surgery. On 14 August 1974, as the Turkish army was advancing, the applicants had been forced to leave Famagusta. Since then, they had not been able to return to or to enjoy their properties.

In support to their claim to ownership, the applicants produced certificates of affirmation of ownership of Turkish-occupied immovable properties issued by the Department of Lands and Surveys of the Republic of Cyprus. These certificates stated that they were the legal owners of a plot of land with a building of a surface of 811 m² in Famagusta, Ayios Nicolaos Quarter, registered under plot no. 1222, sheet/plan 33/12.6.II, Block E.

On 9 July 2002 the applicants' representative informed the Court that the second applicant, Mrs Elli Hadjiprocopiou, had passed away on 19 October 2000. As a result, her property was subject to an administration. Under the said administration, ¼ of the plot described under paragraph 9 above was transferred to the third applicant, Mrs Maria Hadjiprocopiou-Iacovidou. On 30 March 2001 the first applicant, Mr Costas Hadjiprocopiou, donated ¼ of the same plot to the third applicant. The latter thus became the owner of ½ of the plot at issue.