PROCEDURE

The case originated in an application (no. 16160/90) 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 a Cypriot national, Mr Christos Saveriades (“the applicant”), on 26 January 1990.

The applicant was represented by Mr C. Clerides and Mr A. Demetriades, two lawyers practising in Nicosia. The Turkish Government (“the Government”) were represented by their Agent, Mr Z.M. Necatigil.

The applicant alleged, in particular, that the Turkish occupation of the northern part of Cyprus had deprived him of his 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 26 September 2002 the Court declared the application partly admissible.

The applicant and the Government each filed observations on the merits (Rule 59 § 1).

THE FACTS

The applicant was born in 1938 and lives in Nicosia.

The applicant was born in Peristerona, a village in the District of Famagusta in northern Cyprus. He lived in Famagusta with his family in a four-bedroom apartment with an unobstructed view towards the sea, which he claimed that he owned. This apartment, located at no. 128 of the commercial and touristic main street named Kennedy Avenue, was indicated by no. 703 on a building erected upon a building site with plot no. 937 of block C and sheet/plan 33/21.2.3. It was registered in the name of the applicant under registration no. 1057.

The applicant further claimed that at the time of the 1974 Turkish invasion he was the owner of land in Famagusta on which was located an Intercommunal Secondary Grammar school, known as the “Centre of Higher Studies”. This land covered a total area of 6,299 m², on plot no. 900 of block D and sheet/plan 24/59W2. It was registered in the name of the applicant under registration no. D-4840. On this land the applicant had erected a three-storey building, which had a total area of 2,020 m², comprising a basement, ground floor and two vertical floors above it. The applicant submitted that he was the owner and headmaster of the above-mentioned school, the premises of which are now part of the “Eastern Mediterranean University”.

In support of his claims to ownership, the applicant produced the following documents:

an agreement reached on 1 September 1968 between a certain G. Nicolaides and Mr Takis Saveriades (a member of the applicant's family) for the sale of an apartment located on the seventh floor of a flat on the Famagusta coast;

a certificate issued on 28 November 2002 by the Department of Lands and Surveys of the Republic of Cyprus stating that the applicant was the owner of a flat without parking space, located in Famagusta, Kennedy Avenue, registered under plot no. 937, sheet/plan 3/21.2.3;

a certificate issued on 11 September 2001 by the Department of Lands and Surveys of the Republic of Cyprus stating that the applicant was the owner of a field with an unregistered building, located in Famagusta, Salaminas Avenue, registered under plot no. 900, sheet/plan 24/59;

a building permit issued on 11 September 1963 concerning plot no. 900, sheet/plan 24/59

At the time of the 1974 Turkish invasion, the applicant and his family fled to southern Cyprus. He claimed that since then he had been deprived of his property rights, all his property being located in the area which is under the occupation and the control of the Turkish military authorities. The latter prevented him from having access to and from using and possessing his home and property in Famagusta as well as from practising his profession there.
NOT_CONFIDENTIAL
check
001-94238_a1_e1
001-94238_a1_em1
CODE
DIRECT
16160/90
NOT_CONFIDENTIAL
insert
001-94238_a1_e2
001-94238_a1_em2
ORG
NO_MASK
Republic of Turkey
NOT_CONFIDENTIAL
check
001-94238_a1_e3
001-94238_a1_em3
DEM
NO_MASK
Cypriot
NOT_CONFIDENTIAL
check
001-94238_a1_e4
001-94238_a1_em4
PERSON
DIRECT
Mr Christos Saveriades
NOT_CONFIDENTIAL
check
001-94238_a1_e5
001-94238_a1_em5
DATETIME
QUASI
26 January 1990
NOT_CONFIDENTIAL
check
001-94238_a1_e6
001-94238_a1_em6
PERSON
QUASI
Mr C. Clerides
NOT_CONFIDENTIAL
check
001-94238_a1_e7
001-94238_a1_em7
PERSON
QUASI
Mr A. Demetriades
NOT_CONFIDENTIAL
check
001-94238_a1_e8
001-94238_a1_em8
LOC
QUASI
Nicosia
NOT_CONFIDENTIAL
check
001-94238_a1_e9
001-94238_a1_em9
ORG
NO_MASK
Turkish Government
NOT_CONFIDENTIAL
check
001-94238_a1_e10
001-94238_a1_em10
PERSON
QUASI
Mr Z.M. Necatigil
NOT_CONFIDENTIAL
check
001-94238_a1_e11
001-94238_a1_em11
DEM
NO_MASK
Turkish
NOT_CONFIDENTIAL
correct
001-94238_a1_e12
001-94238_a1_em12
LOC
NO_MASK
Cyprus
NOT_CONFIDENTIAL
check
001-94238_a1_e13
001-94238_a1_em13
DATETIME
QUASI
26 September 2002
NOT_CONFIDENTIAL
check
001-94238_a1_e14
001-94238_a1_em14
DATETIME
QUASI
1938
NOT_CONFIDENTIAL
check
001-94238_a1_e8
001-94238_a1_em15
LOC
QUASI
Nicosia
NOT_CONFIDENTIAL
check
001-94238_a1_e15
001-94238_a1_em16
LOC
QUASI
Peristerona
NOT_CONFIDENTIAL
check
001-94238_a1_e16
001-94238_a1_em17
LOC
QUASI
District of Famagusta
NOT_CONFIDENTIAL
check
001-94238_a1_e12
001-94238_a1_em18
LOC
NO_MASK
Cyprus
NOT_CONFIDENTIAL
check
001-94238_a1_e17
001-94238_a1_em19
LOC
QUASI
Famagusta
NOT_CONFIDENTIAL
insert
001-94238_a1_e18
001-94238_a1_em20
MISC
QUASI
no. 128
NOT_CONFIDENTIAL
check
001-94238_a1_e19
001-94238_a1_em21
LOC
QUASI
Kennedy Avenue
NOT_CONFIDENTIAL
insert
001-94238_a1_e20
001-94238_a1_em22
MISC
QUASI
no. 703
NOT_CONFIDENTIAL
insert
001-94238_a1_e21
001-94238_a1_em23
MISC
QUASI
no. 937 of block C
NOT_CONFIDENTIAL
correct
001-94238_a1_e22
001-94238_a1_em24
MISC
QUASI
33/21.2.3
NOT_CONFIDENTIAL
correct
001-94238_a1_e23
001-94238_a1_em25
CODE
QUASI
1057
NOT_CONFIDENTIAL
check
001-94238_a1_e24
001-94238_a1_em26
DATETIME
QUASI
1974
NOT_CONFIDENTIAL
check
001-94238_a1_e11
001-94238_a1_em27
DEM
NO_MASK
Turkish
NOT_CONFIDENTIAL
correct
001-94238_a1_e17
001-94238_a1_em28
LOC
QUASI
Famagusta
NOT_CONFIDENTIAL
check
001-94238_a1_e25
001-94238_a1_em29
ORG
QUASI
Intercommunal Secondary Grammar school
NOT_CONFIDENTIAL
correct
001-94238_a1_e25
001-94238_a1_em30
ORG
QUASI
001-94238_a1_em29
“Centre of Higher Studies”
NOT_CONFIDENTIAL
insert
001-94238_a1_e26
001-94238_a1_em31
MISC
QUASI
plot no. 900 of block D
NOT_CONFIDENTIAL
correct
001-94238_a1_e27
001-94238_a1_em32
MISC
QUASI
24/59W2
NOT_CONFIDENTIAL
insert
001-94238_a1_e28
001-94238_a1_em33
CODE
QUASI
D-4840
NOT_CONFIDENTIAL
check
001-94238_a1_e29
001-94238_a1_em34
ORG
QUASI
“Eastern Mediterranean University”
NOT_CONFIDENTIAL
check
001-94238_a1_e30
001-94238_a1_em35
DATETIME
QUASI
1 September 1968
NOT_CONFIDENTIAL
check
001-94238_a1_e31
001-94238_a1_em36
PERSON
QUASI
G. Nicolaides
NOT_CONFIDENTIAL
check
001-94238_a1_e32
001-94238_a1_em37
PERSON
QUASI
Mr Takis Saveriades
NOT_CONFIDENTIAL
correct
001-94238_a1_e17
001-94238_a1_em38
LOC
QUASI
Famagusta
NOT_CONFIDENTIAL
check
001-94238_a1_e33
001-94238_a1_em39
DATETIME
QUASI
28 November 2002
NOT_CONFIDENTIAL
check
001-94238_a1_e34
001-94238_a1_em40
ORG
NO_MASK
Department of Lands and Surveys
NOT_CONFIDENTIAL
correct
001-94238_a1_e35
001-94238_a1_em41
ORG
NO_MASK
Republic of Cyprus
NOT_CONFIDENTIAL
check
001-94238_a1_e36
001-94238_a1_em42
LOC
QUASI
Famagusta, Kennedy Avenue
NOT_CONFIDENTIAL
insert
001-94238_a1_e37
001-94238_a1_em43
MISC
QUASI
plot no. 937
NOT_CONFIDENTIAL
insert
001-94238_a1_e38
001-94238_a1_em44
MISC
QUASI
3/21.2.3
NOT_CONFIDENTIAL
check
001-94238_a1_e39
001-94238_a1_em45
DATETIME
QUASI
11 September 2001
NOT_CONFIDENTIAL
check
001-94238_a1_e34
001-94238_a1_em46
ORG
NO_MASK
Department of Lands and Surveys
NOT_CONFIDENTIAL
check
001-94238_a1_e35
001-94238_a1_em47
ORG
NO_MASK
Republic of Cyprus
NOT_CONFIDENTIAL
check
001-94238_a1_e40
001-94238_a1_em48
LOC
QUASI
Famagusta, Salaminas Avenue
NOT_CONFIDENTIAL
insert
001-94238_a1_e41
001-94238_a1_em49
MISC
QUASI
plot no. 900
NOT_CONFIDENTIAL
correct
001-94238_a1_e42
001-94238_a1_em50
MISC
QUASI
24/59
NOT_CONFIDENTIAL
check
001-94238_a1_e43
001-94238_a1_em51
DATETIME
QUASI
11 September 1963
NOT_CONFIDENTIAL
check
001-94238_a1_e41
001-94238_a1_em52
MISC
QUASI
plot no. 900
NOT_CONFIDENTIAL
correct
001-94238_a1_e42
001-94238_a1_em53
MISC
QUASI
24/59
NOT_CONFIDENTIAL
check
001-94238_a1_e24
001-94238_a1_em54
DATETIME
QUASI
1974
NOT_CONFIDENTIAL
check
001-94238_a1_e11
001-94238_a1_em55
DEM
NO_MASK
Turkish
NOT_CONFIDENTIAL
check
001-94238_a1_e12
001-94238_a1_em56
LOC
NO_MASK
Cyprus
NOT_CONFIDENTIAL
check
001-94238_a1_e11
001-94238_a1_em57
DEM
NO_MASK
Turkish
NOT_CONFIDENTIAL
insert
001-94238_a1_e17
001-94238_a1_em58
LOC
QUASI
Famagusta
Christos Saveriades
TUR
CHAMBER
Task: Annotate the document to anonymise the following person: Christos Saveriades