10
CYPRUS v. TURKEY JUDGMENT
29. The respondent Government maintained before the Commission that
the question of the Varosha district of Famagusta along with the issues of
freedom of movement, freedom of settlement and the right of property could
only be resolved within the framework of the inter-communal talks (see
paragraph 16 above) and on the basis of the principles agreed on by both
sides for the conduct of the talks. Until an overall solution to the Cyprus
question, acceptable to both sides, was found, and having regard to security
considerations, there could be no question of a right of the displaced persons
to return. The respondent Government further submitted that the regulation
of property abandoned by displaced persons, as with restrictions on crossborder movement, fell within the exclusive jurisdiction of the “TRNC”
authorities.
30. The Commission found that it was common knowledge that with the
exception of a few hundred Maronites living in the Kormakiti area and
Greek Cypriots living in the Karpas peninsula, the whole Greek-Cypriot
population which before 1974 resided in the northern part of Cyprus had left
that area, the large majority of these people now living in southern Cyprus.
The reality of this situation was not contested by the respondent
Government.
31. The Commission noted with reference to its earlier findings in its
1976 and 1983 reports that there was no essential change in the situation
obtaining at the time of the introduction of the instant application.
Accordingly, and this was not disputed either by the respondent
Government, displaced Greek Cypriots had no possibility of returning to
their homes in northern Cyprus and were physically prevented from
crossing into the northern part on account of the fact that it was sealed off
by the Turkish army. The arrangements introduced by the “TRNC”
authorities in 1998 to allow Greek Cypriots and Maronites to cross into
northern Cyprus for the purposes of family visits or, as regards Greek
Cypriots, visits to the Apostolos Andreas Monastery, did not affect this
conclusion.
32. Nor did the respondent Government dispute the fact that GreekCypriot owners of property in northern Cyprus continued to be prevented
from having access to, controlling, using and enjoying their property. As to
the fate of that property, the Commission found it established that up until
1989 there was an administrative practice of the Turkish-Cypriot authorities
to leave the official Land Register unaffected and to register separately the
“abandoned” property and its allocation. The beneficiaries of allocations
were issued with “possessory certificates” but not “deeds of title” to the
properties concerned. However, as from June 1989 the practice changed and
thereafter “title deeds” were issued and the relevant entries concerning the
change of ownership were made in the Land Register. The Commission
found it established that, at least since June 1989, the Turkish-Cypriot
authorities no longer recognised any ownership rights of Greek Cypriots in