CYPRUS v. TURKEY JUDGMENT
45
but also prevented them from using, selling, bequeathing, mortgaging,
developing and enjoying it. In their submission, there were continuing
violations of all the component aspects of the right to peaceful enjoyment of
possessions guaranteed by Article 1 of Protocol No. 1, which states:
“Every natural or legal person is entitled to the peaceful enjoyment of his
possessions. No one shall be deprived of his possessions except in the public interest
and subject to the conditions provided for by law and by the general principles of
international law.
The preceding provisions shall not, however, in any way impair the right of a State
to enforce such laws as it deems necessary to control the use of property in accordance
with the general interest or to secure the payment of taxes or other contributions or
penalties.”
179. The applicant Government contended that the respondent State had
adopted a systematic and continuing policy of interference with the
immovable property of the displaced persons. They stated, inter alia, that
the properties in question, of which the displaced persons were unlawfully
dispossessed following their eviction from the north, were transferred into
Turkish possession. Steps were then taken to “legalise” the illegal
appropriation of the properties and their allocation to “State” bodies,
Turkish Cypriots and settlers from the Turkish mainland. This was effected
by means such as the assignment of “title deeds” to their new possessors.
No compensation had ever been awarded to the victims of these
interferences. Furthermore, specific measures had been taken to develop and
exploit commercially land belonging to displaced persons, Church-owned
land had been transferred to the Muslim religious trust, and agricultural
produce from Greek-Cypriot land was now being exported accompanied by
Turkish certificates.
180. In the applicant Government's submission, the continuing violation
of property rights clearly engaged the responsibility of the respondent State
under the Convention in view of the conclusions reached by the Court in its
Loizidou judgment (merits). Quite apart from that consideration, the
applicant Government pointed out that, in so far as the respondent State
sought to justify the interferences with the displaced persons' property rights
by invoking the derogation contained in Article 1 of Protocol No. 1, the
“legal” measures relied on had necessarily to be considered invalid since
they emanated from an illegal secessionist entity and could not for that
reason be considered to comply with the qualitative requirements inherent in
the notion of “provided for by law”.
181. The Commission observed that the applicant Government's
complaints were essentially directed at the “legislation” and the
acknowledged administrative practice of the “TRNC” authorities. On that
account, the persons aggrieved were not required to take any domestic
remedies, it being noted by the Commission that, in any event, it did not