Cyprus Problem | Immovable Property Commission Update

Without Prejudice

Cyprus Problem | Immovable Property Commission Update

It is now 40 years since the division of the island of Cyprus. Depending on which side you live, it is referred to as the invasion of Cyprus by the Turkish Army or the intervention in Cyprus by the Turkish Army.

In an effort to improve relations and fairness the Turkish Government have set up the Immovable Property Commission, the IPC, and here are some details for those Greek Cypriots who lost their property as a result of the division. It seems it has not been updated recently and certainly there is evidence that more and more Greek Cypriots have made claims.

“The Immovable Property Commission (IPC) North Cyprus

What is The (IPC) Immovable Property Commission North Cyprus?

The immovable Property Commission North Cyprus was established with the aim of forming an internal-law procedure for the property issue, which is one of the key issues of the Cyprus problem, formed in accordance with the “Law for the Compensation Exchange and Restitution of Immovable Properties”, within the scope of Article 159 of the Constitution in 2005 and is responsible to implement the said law.

IPC North Cyprus was set up under the Immovable Property Law (number 67/2005) in accordance with the rulings of the European Court of Human Rights in the case of Xenides-Arestis v.Turkey. Following the ruling on the case of Demopulos vs.Turkey and seven other cases at the European Court of Human Rights on 5th March 2010.

In a landmark decision the European Court of Human Rights has strongly supported the role of the Immovable Property Commission TRNC (IPC) in dealing with disputes in relation to property in the North Cyprus, a move which could pave the way for a comprehensive solution to the Cyprus problem. The European Court of Human Rights upheld that the Immovable Property Commission TRNC (Turkish Republic of Northern Cyprus) was an accessible and effective local remedy for all persons seeking redress and is therefore an appropriate forum for deciding on complex matters of property ownership, valuation and assessing financial compensation.

IPC North Cyprus officially began it’s activities on 17th March 2006, upon the appointment of its President, Vice-President and members by the Supreme Council of Judicature among persons nominated by the President of the Turkish Republic of Northern Cyprus. The Commission consists of Mrs. Sümer Erkmen, President, Mr. Güngör Günkan, Vice-President, Mr. Ayfer Erkmen, Mr. Hans C. Kruger, Mr. Romans Mapolar, and Mr. Daniel Tarschys, members.

The purpose of the Immovable Property Commission North Cyprus is to establish an effective domestic solution for claims relating to any abandoned properties in the (TRNC) Turkish Republic of Northern Cyprus after the troubles in 1974.

IPC North Cyprus examines and identifies any claims for restitution, exchange and compensation according to the provisions of the law 67/2005. Considerations are primarily based on bi-zonality and bi communality which have been the main elements of the 1977 – 1979 High Level Agreements along with plans for a settlement of the Cyprus Issue prepared by the United nations.

IPC aims to resolve and satisfy the legitimate claims of property owners without prejudice to the rights of the Turkish Cypriot Community. As of mid-2010 Immovable Property Commission North Cyprus has completed 113 of the 641 applicants that were lodged by way of friendly settlement and four through a formal hearing. Furthermore, IPC has ruled for exchange and compensation in two cases, for restitution and compensation in five cases and one case for restitution. A further case has been delivered with a decision for restitution after the settlement of the Cyprus Issue and one case has been ruled for partial restitution.

IPC North Cyprus seeks to be an effective, just and fast solution for property claims. Furthermore the Immovable Property Commission North Cyprus purports to contribute to the comprehensive settlement of the Cyprus Issue.

To find out more about the IPC, please do not hesitate to contact us at [email protected]

© 2010

Of course as an outsider I would love to see an equitable solution to this problem. That two sets of people who once did live together in peace are now divided and do not entirely trust each other, that they remain divided with no resolution found is so sad.

Let us hope that 2014 becomes the year of the Cyprob solution.

Happy New Year to all Cypriots and all who share this beautiful island with them.

Never give in never give up

Pauline Read

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