Zavou and 160 Others v. Turkey



AS TO THE ADMISSIBILITY OF

Application No. 16654/90

by Soula ZAVOU and 160 others

against Turkey

The European Commission of Human Rights sitting in private on

2 March 1998, the following members being present:

MM S. TRECHSEL, President

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H. DANELIUS

Mrs G.H. THUNE

Mr F. MARTINEZ

Mrs J. LIDDY

MM L. LOUCAIDES

M.A. NOWICKI

I. CABRAL BARRETO

B. CONFORTI

N. BRATZA

I. BÉKÉS

J. MUCHA

D. SVÁBY

G. RESS

A. PERENIC

C. BÎRSAN

P. LORENZEN

K. HERNDL

E. BIELIUNAS

E.A. ALKEMA

M. VILA AMIGÓ

Mrs M. HION

MM R. NICOLINI

A. ARABADJIEV

Mr M. de SALVIA, 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 Soula ZAVOU and 160 others against Turkey and registered on

31 May 1990 under file No. 16654/90;

Having regard to :

- the reports provided for in Rule 47 of the Rules of Procedure of

the Commission;

- the Commission's decision of 29 August 1994 to declare

inadmissible the applicants' complaint under Article 2 of

Protocol No. 4 and to adjourn the examination of the remainder

of the application;

- the Commission's decision of 23 January 1997 to request the

Government to submit observations;

- the letter from the applicants' lawyer dated 2 January 1998;

Having deliberated;

Decides as follows:

FACTS

The application is brought by 161 women (see Appended list) who

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

northern Cyprus, where Turkish military forces have been stationed

since 1974. All applicants are members of the Famagusta Women's

Association. 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, from possessing their

properties, from exercising their right to respect for their homes,

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

Famagusta.

The applicants have repeatedly made 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 and Article 1 of

Protocol No. 1.

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

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

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

homes and properties, from moving freely to northern Cyprus and 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 and Article 1 of Protocol No. 1.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 26 January 1990 and registered

on 31 May 1990.

On 29 August 1994 the Commission decided to reject the

applicants' complaint under Article 2 of Protocol No. 4 and to adjourn

the examination of the remainder of the application.

On 23 January 1997 the Commission decided to request the

Government to submit observations.

On 2 April 1997 the Government requested the Commission to

adjourn the proceedings until the Court had completed its consideration

of the case of Loizidou v. Turkey.

On 18 April 1997 the Commission, having noted that the applicants

had not identified the property they allegedly owned in the northern

part of Cyprus, decided to request them to provide further information

concerning the property in question and, pending receipt of this

information, to suspend the request for submission of observations by

the Government.

On 8 August 1997 applicants Nos. 1, 2, 3, 4, 5, 7, 12, 13, 15,

17, 18, 21, 22, 28, 34, 35, 36, 38, 61, 66, 69, 71, 98, 103, 111, 112,

113, 115, 119, 120, 127, 132, 133, 134, 138, 140 and 147 submitted such

information. On 2 January 1998 the applicants' lawyer informed the

Commission that he had not been able to trace further information in

respect of the remaining applicants and that he withdrew the

application insofar as it had been submitted by them "without prejudice

to their rights to re-institute their claim in the future".

REASONS FOR THE DECISION

The Commission notes that the applicants' representative has

withdrawn the application insofar as it has been introduced by the

applicants in respect of whom he has been unable to provide information

concerning their property in the northern part of Cyprus as requested

by the Commission. Moreover, the Commission considers that respect for

Human Rights as defined in the Convention does not require it to

continue the examination of the application insofar as it has been

introduced by the above-mentioned applicants.

It follows that the application, insofar as it has been

introduced by the applicants who have not furnished the information

requested by the Commission, may be struck off the list of cases

pursuant to Article 30 para. 1 (a) of the Convention.

For these reasons, the Commission, unanimously,

DECIDES TO ADJOURN its examination of the application insofar as

it has been introduced by applicants Nos. 1, 2, 3, 4, 5, 7, 12,

13, 15, 17, 18, 21, 22, 28, 34, 35, 36, 38, 61, 66, 69, 71, 98,

103, 111, 112, 113, 115, 119, 120, 127, 132, 133, 134, 138, 140

and 147;

DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES

insofar as it has been introduced by the remaining applicants.

M. de SALVIA S. TRECHSEL

Secretary President

to the Commission of the Commission

APPENDIX

The applicants of the present application, all permanent

residents of Famagusta until July 1974 and since then most of

them residents of Limassol, are:

1 Soula ZAVOU, born in 1950.

2 Clairi ANGELIDOU, born in 1932 in Nicosia, President of the

Association.

3 Iris PROCOPIOU, born in 1944, Secretary.

4 Chrystalleni LOUCA, born in 1928, Treasurer.

5 Loula HILIMINDRI, born in 1914, Member.

6 Elli SAVERIADOU, born in 1925, Member.

7 Lenia CHRYSOSTOMOU, born in 1936 in Larnaca, Member.

8 Elenitsa MATTHEOU, born in 1938, Member.

9 Loula KALOGERAKI, born in 1946.

10 Ellada HADDJIPAVLI, born in 1945.

11 Stavroula PATSALIDOU, born in 1935.

12 Antigoni ANTONIADOU, born in 1923 in Fiti.

13 Mary PIERIDOU, born in 1937 in Limassol.

14 Hebe KALLI, born in 1937.

15 Photini NEOPHITOU, born in 1928.

16 Anna HADJIDEMETRIOU, born in 1943.

17 Koula Physentzou, born in 1933.

18 Julia TOUMAZI, born in 1920.

19 Georgia Yiangou, born in 1932.

20 Ellada ANDREOU, born in 1945.

21 Magda PSATHA, born in 1928.

22 Maro TOUFEXI, born in 1928.

23 Maro PAPANASTASIOU, born in 1930.

24 Evangelia ZANNETIDOU, born in 1928.

25 Hebe Leoniadou, born in 1917.

26 Maria MICHAELIDOU, born in 1929.

27 Stalo CHURI, born in 1952.

28 Sofoula POTAMITOU, born in 1953.

29 Anthulla CHARALAMBOUS, born in 1935.

30 Seli CHRISTOFIDOU, born in 1937.

31 Theano SAMPSON, born in 1910.

32 Iokasti HADJIPOLYDOROU, born in 1915.

33 Helen PIERIDOU, born in 1944.

34 Anastasia EVANGELIDES, born in 1960.

35 Ariadni EVANGELIDES, born in 1927.

36 Ariadni THEODOROU, born in 1933.

37 Themula COUNNA, born in 1931.

38 Eleni RIVI, born in 1921.

39 Demetra SKOUROU, born in 1940.

40 Nita KOULAPIS, born in 1944.

41 Maro HASAPI, born in 1947.

42 Kalliopi SOZOU, born in 1944.

43 Demetra THEOFANIDOU, born in 1948.

44 Maria Mikelidou, born in 1946 in Kyrenia.

45 Kika PRASTIDI, born in .

46 Paola HARAKI, born in 1915 in Paphos.

47 Katina CONSTANTINOU, born in 1949 in Leonarisso.

48 Varvaritsa KATSOURI, born in 1941.

49 Katia PETROU born in 1953.

50 Maria KALLINICOU, born in 1956.

51 Sia SOLEA, born in 1936 in Trifylia Greece.

52 Maria MBEROU, born in 1961.

53 Vasoula IOANNOU, born in 1945.

54 Pepa CHARALAMBOUS, born in 1938.

55 Edith KOHN, born in 1917 in Budapest.

56 Lia TOUMAZI, born in 1939.

57 Anna MONTANIOU.

58 Chrysanthi MICHAELIDOU, born in 1913.

59 Eleni MARANGOU, born in 1924.

60 Hboy NIKIFOROU, born in 1933.

61 Dora LOIZIDOU, born in 1931.

62 Lily PAPAVASILIOU, born in 1926.

63 Evangelia TOUMAZI, born in 1926.

64 Danae PSARA, born in 1925 and since 1974 resident of Larnaca.

65 Chrystaleni SYMEONIDOU, born in 1912.

66 Domna MARKOU, born in 1935.

67 Noni CHRYSOSTOMOU, born in 1910.

68 Maria MANOLI, born in 1935.

69 Phillio VARNAVA,born in 1932.

70 Elena VARNAVA, born in 1956 in Nicosia.

71 Niki PAVLIDOU, born in 1935.

72 Emilie LIATSOU, born in 1964.

73 Dina HIMIDOU, born in 1961 in Larnaca and since 1974 resident of

Nicosia.

74 Rena LORDOS, born in 1948.

75 Eleni PAPAIAKOVOU, born in 1951 in Nicosia.

76 Eleni KATANI, born in 1945.

77 Androula CHRISTOFOROU, born in 1950.

78 Mairi XIARI, born in 1955.

79 Elena CHRISTOFIDES, born in 1945.

80 Stella PANTELIDOU, born in 1948 in Nicosia.

81 Maro CHADJIMANOLI, born in 1952.

82 Margarita CHAMPOULA, born in 1943 in Nicosia.

83 Popi CYRIAKIDOU, born in 1941.

84 Chimoula KASINOU, born in 1953.

85 Militsa LORDOU, born in 1926.

86 Flora ANASTASIADOU, born in 1920.

87 Rita KYRIAKIDOU, born in 1938 in Nicosia.

88 Rodoula LORDOU, born in 1952 in Nicosia.

89 Thekla KYRIAKIDOU, born in 1948.

90 Loukia CONSTANTINIDOU, born in 1940.

91 Rita ANASTASIADOU, born in 1945.

92 Katina LORDOU, born in 1960 in Nicosia.

93 Angela ALEXANDROU, born in 1947 in Kairo.

94 Nina KOUNNA, born in 1958 in Nicosia.

95 Androula PANAYIOTOU, born in 1951.

96 Kika PAPAGIANI, born in 1953.

97 Silia CHAPIPI, born in 1950.

98 Ersi DICOMITOU, born in 1939.

99 Rodoula CHRISTOFOROU, born in 1958.

100 Lenia CHRISTOFOROU, born in 1961 and since 1974 resident of

Larnaca.

101 Anna ZACHARIADOU, born in 1945.

102 Stella HADJIPHOTI, born in 1943 and since 1974 resident of

Nicosia.

103 Dora BASILIADOU, born in 1939.

104 Maria GEORGIADOU, born in 1967.

105 Evdokia AVRAAMIDOU, born in 1950.

106 Adriani HILIADOU, born in 1948.

107 Thekli PASCHALI, born in 1950.

108 Kaiti ELTON, born in 1943.

109 Maro NICOLAOU, born in 1953.

110 Melpo PATSIA, born in 1947.

111 Militsa HADJIMANOLI, born in 1946.

112 Demetra IOANNIDOU, born in 1945 in Trikomo.

113 Androula ZANGYLOU, born in 1943.

114 Maria ORPHANIDES, born in 1962.

115 Fotoula FRANGESKOU, born in 1946 in Jerusalem.

116 Koula ACHNIOTOU, born in 1938 in Achna.

117 Valentine THOMAIDES, born in 1931.

118 Maria-Niki THOMAIDES, born in 1960.

119 Yiannoula IOANIDOU, born in 1935 in Kakopatria.

120 Christina KLERIDES, born in 1940 in Lefkoniko.

121 Chara ECONOMOU, born in 1941 in Kondea.

122 Nitsa PAPADOPOULOU, born in 1947.

123 Thelma PATSALI, born in 1949.

124 Lea PHILIPPOU, born in 1936.

125 Anna PONTIKI, born in 1936.

126 Litsa CHARALAMBOUS, born in 1938.

127 Dina CHOMATA, born in 1941.

128 Georgoula ORPHANIDOU, born in 1939.

129 Ritsa PHILIPPOU, born in 1944.

130 Agni PANAYIOTOU, born in 1931.

131 Catherine PROTOPAPA, born in 1937.

132 Chariclea PERICLEOUS, born in 1941.

133 Andry PAPA, born in 1950.

134 Thelma SEVASTOPOULOU, born in 1936.

135 Maria PAPA, born in 1946.

136 Eva CHRYSOSTOMI, born in 1936.

137 Androula NIKITA, born in 1926 in Larnaca.

138 Morfo PANAYIOTOU, born in 1951.

139 Dora HADJIPETROU, born in 1954.

140 Avgi PIERIDOU, born in 1929.

141 Nitsa BROUTAS, born in 1928 in Nicosia.

142 Emilia PHILIPPOU, born in 1917 in Nicosia.

143 Lilly PISSARIDOU, born in 1934 in Nicosia.

144 Hariclia CONSTANTINIDOU, born in 1921 in Larnaca.

145 Maroula GHALANOU, born in 1919.

146 Niki ECONOMOU, born in 1920.

147 Maro POUYOUROU, born in 1933.

148 Natalia ARVANITAKIS, born in 1917 and since 1974 resident of

Athens.

The rest are since 1974 residents of Nicosia:

149 Aghni COURTIS, born in 1924.

150 Christina EMPHIETZI, born in 1931.

151 Agni HADJISOTIRIOU, born in 1917.

152 Militsa KLEOPA, born in 1926.

153 Cleo HADJICOSTA, born in 1925.

154 Iris MATSIS, born in 1930.

155 Alkestis EFSTATHIOU, born in 1923.

156 Eleni MATSI, born in 1914.

157 Neda ZOMENI, born in 1937.

158 Foula GEORGIADOU, born in 1923.

159 Fredy GALATOPOULOU, born in 1943.

160 Alexandra MATSIS, born in 1947.

161 Irene DEMETRIOU, born in 1920.