Epiphaniou and 8 Others v. Turkey



AS TO THE ADMISSIBILITY OF

Application No. 19900/92

by Phanos EPIPHANIOU and 8 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 26 January 1990

by Phanos EPIPHANIOU and 8 others against Turkey and registered on

27 April 1992 under file No. 19900/92;

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 9 applicants (see Annex) are Cypriot citizens, born and

formerly domiciled in Famagusta, northern Cyprus, where Turkish

military forces have been stationed since 1974. Until 1974 all were

members of the Famagusta Municipal Council.

Before the Commission the applicants 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 to 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 respect for their homes and

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

Famagusta.

The applicants 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 23 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 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, by a majority

DECLARES INADMISSIBLE the 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 1974, are as follows:

1 Phanos EPIPHANIOU, born in 1934 in Famagusta and since 1974

resident of Nicosia, last Mayor of Famagusta.

2 Sofi PHITIDOU, born in 1947 in Famagusta and since 1974

resident of Nicosia, Deputy Mayor.

3 Pantelakis KYRIAKIDES, born in 1933 in Famagusta and since 1974

resident of Nicosia, Counsellor.

4 Kleanthis STAVRI, born in 1936 in Famagusta and since 1974

resident of Nicosia, Counsellor.

5 Andreas Boyiadjis, born in 1940 in Larnaca, permanent

resident of Famagusta and since 1974 resident of Limassol, Mayor

by rotation.

6 Christodoulos DIMITRIADES, born in 1925 in Limassol, permanent

resident of Famagusta and since 1974 resident of Limassol,

Counsellor.

7 Theodoros ECONOMOU, born in 1924 in Famagusta and since 1974

resident of Larnaca, Mayor by rotation.

8 Anastassis GEORGHIOU, born in 1933 in Famagusta and since 1974

resident of Larnaca, Counsellor.

9 Ioakeim KALLIS, born in 1943 in Famagusta and since 1974

resident of Limassol, Mayor by rotation.