PROCEDURE

The case originated in an application (no. 35214/97) 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 two Cypriot nationals, Mr Michael P. Hapeshis and Mrs Maria Hapeshi-Michaelidou (“the applicants”), on 10 January 1997.

The applicants were represented by Mr M. Triantafillides, Mr K. Chrysostomides and Mr C. Clerides, three 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 February 2000 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 applicants, who are brother and sister, were born in 1959 and 1942 respectively. The first applicant (who is a Cypriot and British citizen) lives in London, while the second applicant (a Cypriot citizen) resides in Larnaca.

The applicants alleged that until August 1974 they were living in a house owned by their father in Ayios Amvrosios, in the District of Kyrenia (northern part of Cyprus). This house was built on plot no. 233/9 of sheet/plan 13/23. The second applicant, who had been recently married, was living with her husband and daughter in the east wing of the house, a separate residence, while the first applicant was living with his mother and father in the west wing. The plot on which the two semi-detached residences had been built covered an area of 517 square metres (m²); each residence was of 290 m². They both had a garage and two floors.

The applicants left their house on 13 August 1974, as the Turkish troops were advancing. On 17 August 1974 their father tried to visit his property but was arrested by Turkish soldiers. He was released on the same day, since he was a British citizen.

On 19 May 1991 the applicants' father died. According to his will, dated 18 May 1988, the house and land in question was to be equally shared by the two applicants. On 30 July 1991, Mr T. Michaelides was appointed as executor of his will. On 10 July 1995 the applicants registered, in equal shares, their titles with the Department of Lands and Surveys of the Republic of Cyprus. The first applicant got the west residence, while the second applicant got the east one. The first applicant tried, via the British consular authorities, to visit his property, but did not obtain permission.

The applicants had been informed that their house had been occupied by high-ranked Turkish military officers.