PROCEDURE

The case originated in an application (no. 41355/98) 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 Savvas Gavriel (“the applicant”), on 27 March 1998.

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, in particular, 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 1 February 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 1942 and lives in the United Kingdom.

The applicant claimed that until 14 August 1974 he and his family used to live in Morphou (Cyprus) in a detached house with a yard (area: 229 sq. m). This property was registered in the name of the applicant’s wife under plot no. 315, sheet/plan 19/32.5.2. On 14 August 1974, as the Turkish forces were advancing, the applicant and his family fled their home leaving behind all its contents, including precious personal belongings.

The applicant also claimed that he was the owner of the following plots of land in northern Cyprus: (a) Nicosia/Kapouti, plot no. 576, sheet/plan 19/16, field, area: 5,017 sq. m; (b) Kyrenia/Livera, plot no. 39/1, sheet/plan 5/62W1, field, area: 112,149 sq. m; (c) Kyrenia/Livera, plot no. 14, sheet/plan 5/62W2, field, area: 171,549 sq. m; (d) Kyrenia/Livera, plot no. 34, sheet/plan 5/63W1, field, area: 22,074 sq. m; (e) Kyrenia/Livera, plot no. 45, sheet/plan 5/63W1, field, area: 11,582 sq. m.

In support of his claim of ownership the applicant produced the relevant certificates of registration and affirmations of ownership issued by the Republic of Cyprus.

The applicant alleged that from 14 August 1974 onwards he had not been able to return to his house and had been continuously prevented from exercising his property rights and enjoying his properties.