PROCEDURE

The case originated in an application (no. 18360/91) 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, Mrs Sophia Andreou (“the applicant”), on 7 June 1991.

The applicant 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, in particular, that the Turkish occupation of the northern part of Cyprus had deprived her of her home and properties.

The applicant died on 15 December 1993. Her heirs are her husband, Mr Andreas Michael Ioannou, her son, Mr Michael Michael, and her daughter, Mrs Christina Michael. On 3 August 1993 the applicant’s heirs informed the Court that they wished to pursue the application on behalf of the deceased.

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).

On 11 May 1999, the applicant’s heirs were granted legal aid.

By a decision of 15 June 1999 the Court declared the application partly 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 1930.

The applicant claimed that she was the owner of a house with a yard, as well as a garden and four plots of land with trees in the village of Ayios Amvrosios in northern Cyprus. She allegedly also owned half of a plot of land with trees and one sixth of another plot with trees and an olive grove in the same area. The applicant grew up and lived in Ayios Amvosios until 1973, when she claimed to have moved to Kyrenia. She lived there with her family, allegedly in a house owned by her husband. In July 1974, as the Turkish troops were advancing, the applicant and her family had to flee to the area still controlled by the Cypriot Government.

Before the Court, the applicant produced a certificate confirming ownership issued by the Department of Lands and Surveys of the Republic of Cyprus, a certificate for the same purpose signed by the chairman of the local committee of Ayios Amvrosios and a certificate signed by the rural guard of Ayios Amvrosios. It transpires from these documents that the applicant’s properties could be described as follows: (a) Kyrenia, Ayios Amvrosios, within the village, house with yard (ground level), sheet/plan 13/14X, plot nos. 189/1/2/1, 189/3, area: 350 sq. m, share: whole; (b) Kyrenia, Ayios Amvrosios, Tzieheneu Teresi, field with trees, sheet/plan 13/14, plot nos. 189/1/2/1, 189/3, area: 350 sq. m, share: whole; (c) Kyrenia, Ayios Amvrosios, Ayios Demetrianos, field with trees, sheet/plan 13/13, plot no. 193, area: 3.54 decares, share: whole; (d) Kyrenia, Ayios Amvrosios, Moussas, field with trees, sheet/plan 13/21, plot no. 207, area: 1.229 decares, share: whole; (e) Kyrenia, Ayios Amvrosios, Tsioppi, garden/cultivated field, sheet/plan 13/23, plot no. 115, area: 335 sq. m, share: whole; (f) Kyrenia, Ayios Amvrosios, Bambatzera, field with trees, sheet/plan 13/27, plot no. 226, area: 1 hectare, 1.851 decares, share: whole; (g) Kyrenia, Ayios Amvrosios, Vouno tis Mangous, field with trees, sheet/plan 13/31, plot no. 32/1, area: 1 hectare, 9.449 decares, share: whole; (h) Kyrenia, Ayios Amvrosios, Vouno tis Mangous, field with trees, sheet/plan 13/31, plot no. 32/3, area: 1 hectare, 3.186 decares, share: ½; (i) Kyrenia, Ayios Amvrosios, Tzieheneu Teresi, field with olive trees, sheet/plan 13/19, plot no. 171, share: 1/6.

Between 1974 and her death the applicant was unable to return to her home and property in the northern part of Cyprus. She was also unable to make use of her property there in any other manner.

After 1974 the applicant took part in a number of peaceful demonstrations and marches towards Ayios Amvrosios. She claimed that on all occasions she was prevented from “walking home” by Turkish troops. On 9 December 1990 the applicant took part once again in a car convoy organised by persons from Kyrenia wishing to return to their homes in the north peacefully. The participants in the convoy had informed the Prime Minister of Turkey, the representative of the Secretary-General of the United Nations (UN) in Cyprus and the commander of the UN forces on the island of their intention to return home. They drove to the Mia Milia buffer‑zone checkpoint on the main road linking Nicosia and Kyrenia. There they stopped and asked the UN forces 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. Four hours later, 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. The applicant claimed that they had been told that their request had been refused by the Turkish military authorities. The respondent Government contended that the UN officer had consulted the Turkish-Cypriot authorities.