Lordos and 12 Others v. Turkey



AS TO THE ADMISSIBILITY OF

Application No. 15973/90

by Constantinos LORDOS and 12 others

against Turkey

The European Commission of Human Rights sitting in private on

29 August 1994, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

A. WEITZEL

F. ERMACORA

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

Mrs. G.H. THUNE

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

M.A. NOWICKI

I. CABRAL BARRETO

B. CONFORTI

N. BRATZA

I. BÉKÉS

J. MUCHA

E. KONSTANTINOV

D. SVÁBY

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 20 December 1990

by Constantinos LORDOS and 12 others against Turkey and registered on

11 January 1990 under file No. 15973/90;

Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The 13 applicants (see Annex), members of the Cypriot Association

of displaced and missing Greek-Cypriots (Famagusta Refugee Movement),

are Cypriot citizens, born in and former residents of Famagusta, in

northern Cyprus, where Turkish military forces have been stationed

since 1974. Before the Commission they are represented by

Mr. Adamos Adamides, a lawyer practising in Limassol.

The facts of the case as they have been submitted by the

applicants may be summarised as follows:

The applicants state that during the invasion of July 1974 the

Turkish troops evicted them from their homes and forced them to leave

Famagusta and flee to the south. Since 1974 the town of Famagusta is

under Turkish military occupation.

As a result of the invasion the Turkish military authorities have

occupied and used their homes and properties and have prevented them

from having access to and using their houses and possessing their

properties, from exercising their right to have respect for their

homes and from enjoying their home town and from moving freely to the

town of Famagusta.

The applicants repeatedly made several attempts to return to

their homes and properties in Famagusta. On all occasions they were

prevented by the Turkish troops from walking home. On 19 December 1989

they made a last attempt but they were not allowed through by the

Turkish troops. They are continuously prevented from entering the

northern part of Cyprus because of their Greek-Cypriot origin.

COMPLAINTS

The applicants allege that the facts, as stated above, disclose

violations of Articles 8, 13 and 14 of the Convention, Article 1 of

Protocol N° 1 and Article 2 of Protocol N° 4 to the Convention.

They state that since the invasion of the northern part of Cyprus

in July 1974 on various occasions Turkey has prevented them, because

of their religion and national origin, from returning to their homes

and properties and moving freely to northern Cyprus, from exercising

their rights to respect for their homes and to peaceful enjoyment of

their possessions in breach of Articles 8, 13 and 14 of the Convention,

Article 1 of Protocol N° 1 and Article 2 of Protocol N° 4.

THE LAW

1 The applicants complain under Articles 8, 13 and 14

(Art. 8, 13, 14) of the Convention, Article 1 of Protocol No. 1

(P1-1) and Article 2 of Protocol No. 4 (P4-2) to the Convention of a

continuing violation by Turkish authorities of the rights guaranteed

by these provisions.

2 With regard to the applicants' complaints under Article 2 of

Protocol No. 4 (P4-2) to the Convention, the Commission notes that

Turkey is not a Party to this Protocol. It follows that this part of

the application must be declared inadmissible under Article 27 para. 2

(Art. 27-2) as being incompatible ratione personae with the provisions

of the Convention.

3 With regard to the remainder of the application the Commission

notes that similar issues are pending before the Court in the Loizidou

v. Turkey case. The Commission considers that it cannot at this stage

on the basis of the file determine the admissibility of these

complaints. It finds it necessary to give notice of these complaints

to the respondent Government, without asking for their observations at

this stage, and to adjourn its further examination of the application

pending the Court's determination of the Loizidou case.

For these reasons, the Commission, unanimously

DECLARES INADMISSIBLE the applicants' complaints under Article

2 of Protocol No. 4 (P4-2) to the Convention;

DECIDES TO ADJOURN its examination of the remainder of the

application.

Secretary to the Commission President of the Commission

(H. C. KRÜGER) (C. A. NØRGAARD)

ANNEX

The applicants of the present Application, all permanent

residents of Famagusta until July 1974, are:

1 Konstantinos LORDOS, born in 1940 in Famagusta and since 1974

resident at Nicosia, Honorary President of the Famagusta

Refugee Movement (FRM).

2 Kikis CHRISTOFIDES, born in 1941 in Famagusta and since 1974

resident at Limassol, Chairman of the FRM.

3 Zacharias SPYRIDONOS, born in 1938 in Famagusta and since 1974

resident at Limassol, Member.

4 Stavros IOANNOU, born in 1952 in Famagusta and since 1974

resident at Limassol, Member.

5 Areti IONIDOU, born in 1946 in Famagusta and since 1974

resident at Limassol, Member.

6 Michalis EVANGELIDES, born in 1953 in Famagusta and since 1974

resident at Limassol, Member.

7 Loizos LOIZIDES, born in 1925 in Famagusta and since 1974

resident at Limassol, Member.

8 Christos HADJIMANOLIS, born in 1940 in Famagusta and since 1974

resident at Limassol, Member.

9 Panayiotis SERGIS, born in 1929 in Trikomo and since 1974

resident at Aglantzia, Member.

10 Georgios MISIRLIS, born in 1952 in Famagusta and after 1974

resident at Limassol, Member.

11 Georgios ROUVAS, born in 1926 in Famagusta and after 1974

resident at Larnaca, Member.

12 Eleni ANTONIADOU, born in 1948 in Nicosia, resident of

Famagusta and after 1974 resident at Limassol, Member.

13 Stelios MANDRIDES, born in 1948 resident at Famagusta and after

1974 resident at Nicosia, Member.