PROCEDURE

The case originated in an application (no. 35214/97) 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 two Cypriot nationals, Mr Michael P. Hapeshis and Mrs Maria Hapeshi-Michaelidou (“the applicants”), on 10 January 1997.

The applicants were represented by Mr M. Triantafillides, Mr K. Chrysostomides and Mr C. Clerides, three lawyers practising in Nicosia. The Turkish Government (“the Government”) were represented by their Agent, Mr Z.M. Necatigil.

The applicants alleged that the Turkish occupation of the northern part of Cyprus had deprived them of their 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 8 February 2000 the Court declared the application admissible.

The applicants and the Government each filed observations on the merits (Rule 59 § 1). In addition, third-party comments were received from the Government of Cyprus, which had exercised its right to intervene (Article 36 § 1 of the Convention and Rule 44 § 1 (b)).

THE FACTS

The applicants, who are brother and sister, were born in 1959 and 1942 respectively. The first applicant (who is a Cypriot and British citizen) lives in London, while the second applicant (a Cypriot citizen) resides in Larnaca.

The applicants alleged that until August 1974 they were living in a house owned by their father in Ayios Amvrosios, in the District of Kyrenia (northern part of Cyprus). This house was built on plot no. 233/9 of sheet/plan 13/23. The second applicant, who had been recently married, was living with her husband and daughter in the east wing of the house, a separate residence, while the first applicant was living with his mother and father in the west wing. The plot on which the two semi-detached residences had been built covered an area of 517 square metres (m²); each residence was of 290 m². They both had a garage and two floors.

The applicants left their house on 13 August 1974, as the Turkish troops were advancing. On 17 August 1974 their father tried to visit his property but was arrested by Turkish soldiers. He was released on the same day, since he was a British citizen.

On 19 May 1991 the applicants' father died. According to his will, dated 18 May 1988, the house and land in question was to be equally shared by the two applicants. On 30 July 1991, Mr T. Michaelides was appointed as executor of his will. On 10 July 1995 the applicants registered, in equal shares, their titles with the Department of Lands and Surveys of the Republic of Cyprus. The first applicant got the west residence, while the second applicant got the east one. The first applicant tried, via the British consular authorities, to visit his property, but did not obtain permission.

The applicants had been informed that their house had been occupied by high-ranked Turkish military officers.
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CODE
DIRECT
35214/97
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001-94218_a10_e2
001-94218_a10_em2
ORG
NO_MASK
Republic of Turkey
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001-94218_a10_e3
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DEM
QUASI
Cypriot
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001-94218_a10_e4
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PERSON
DIRECT
Mr Michael P. Hapeshis
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001-94218_a10_e5
001-94218_a10_em5
PERSON
DIRECT
Mrs Maria Hapeshi-Michaelidou
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001-94218_a10_e6
001-94218_a10_em6
DATETIME
QUASI
10 January 1997
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001-94218_a10_e7
001-94218_a10_em7
PERSON
QUASI
Mr M. Triantafillides
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001-94218_a10_e8
001-94218_a10_em8
PERSON
QUASI
Mr K. Chrysostomides
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001-94218_a10_e9
001-94218_a10_em9
PERSON
QUASI
Mr C. Clerides
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001-94218_a10_e10
001-94218_a10_em10
LOC
QUASI
Nicosia
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001-94218_a10_e2
001-94218_a10_em11
ORG
NO_MASK
001-94218_a10_em2
Turkish Government
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PERSON
QUASI
Mr Z.M. Necatigil
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001-94218_a10_e12
001-94218_a10_em13
LOC
NO_MASK
northern part of Cyprus
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001-94218_a10_e13
001-94218_a10_em14
DATETIME
QUASI
1 November 1998
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001-94218_a10_e14
001-94218_a10_em15
DATETIME
QUASI
8 February 2000
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001-94218_a10_e15
001-94218_a10_em16
ORG
NO_MASK
Government of Cyprus
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DEM
QUASI
brother
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DEM
QUASI
sister
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001-94218_a10_e18
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DATETIME
QUASI
1959
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001-94218_a10_e19
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DATETIME
QUASI
1942
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001-94218_a10_e3
001-94218_a10_em21
DEM
QUASI
Cypriot
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001-94218_a10_e20
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DEM
QUASI
British
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001-94218_a10_e21
001-94218_a10_em23
LOC
QUASI
London
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001-94218_a10_e3
001-94218_a10_em24
DEM
QUASI
Cypriot
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001-94218_a10_e22
001-94218_a10_em25
LOC
QUASI
Larnaca
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001-94218_a10_e23
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DATETIME
QUASI
August 1974
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LOC
QUASI
Ayios Amvrosios
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LOC
QUASI
District of Kyrenia
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001-94218_a10_em29
CODE
QUASI
233/9
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001-94218_a10_e27
001-94218_a10_em30
CODE
QUASI
13/23
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001-94218_a10_e28
001-94218_a10_em31
MISC
QUASI
east wing
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001-94218_a10_e29
001-94218_a10_em32
MISC
QUASI
west wing
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001-94218_a10_e30
001-94218_a10_em33
QUANTITY
QUASI
517 square metres (m²)
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QUANTITY
QUASI
290 m²
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DATETIME
QUASI
13 August 1974
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ORG
QUASI
Turkish troops
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DATETIME
QUASI
17 August 1974
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DEM
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father
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DEM
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British
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DATETIME
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19 May 1991
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18 May 1988
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DATETIME
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30 July 1991
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PERSON
DIRECT
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Mr T. Michaelides
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DATETIME
QUASI
10 July 1995
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001-94218_a10_em45
ORG
NO_MASK
Department of Lands and Surveys of the Republic of Cyprus
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001-94218_a10_e41
001-94218_a10_em46
MISC
QUASI
west residence
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001-94218_a10_e42
001-94218_a10_em47
MISC
QUASI
east one
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001-94218_a10_e43
001-94218_a10_em48
ORG
QUASI
British consular authorities
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001-94218_a10_e44
001-94218_a10_em49
MISC
QUASI
high-ranked
Michael P. Hapeshis
TUR
CHAMBER
Task: Annotate the document to anonymise the following person: Michael P. Hapeshis