A complaint filed by a Greek Cypriot against Turkey over the lack of effectiveness of the Immovable Property Commission (IPC) was upheld unanimously by the European Court of Human Rights on Tuesday.
Turkey’s preliminary objection concerning the non-exhaustion of domestic remedies by Adriani Ioannou who applied for compensation for her property in 2008, was dismissed and the IPC was found to be in violation of Article 1 of Protocol 1, which concerns the right to property.
According to the ECHR decision, “the applicant’s complaint that the proceedings by which she sought compensation for her property located in the “TRNC” had been protracted and ineffective, under Article 1 of Protocol No. 1”.
Turkey was ordered to pay Ioannou €7,000 plus any tax that may be chargeable for non-pecuniary damage and €6,325 plus any tax that may be chargeable to the applicant in respect of costs and expenses, within three months from the date of the final judgement.
The court also ruled that from the expiry of the three months until settlement, simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The ECHR noted, however, that their ruling concerned the particular case only and is “not calling into question the effectiveness of the IPC remedy as such”.
It dismissed the remainder of the applicant’s claim for just satisfaction.