The Turkish Cypriot press and information service issued the following press release this week giving details on how Greek Cypriots could apply for restitution or compensation of their property.
“CHANGES ON PROPERTY LAW APPROVED BY PARLIAMENT
Changes on the Draft Law for Compensation, Exchange, and Reinstatement of the Immovable Properties, approved by the TRNC parliament yesterday (19 December 2005) with 29 votes in favour.”
“The law that was prepared to meet the principles of the international law and with the aim of being accepted by the European Court of Human Rights as “internal law”, in addition to compensation and exchange of the Greek Cypriot properties, left in the North, also envisages their reinstatement.”
“According to this law, former Greek Cypriot properties with title deeds, or, which are currently being used by the Turkish Cypriots or, are being used as military facility, or for public benefit can only be returned to their Greek Cypriot owners after a settlement. However, after a settlement, the reinstatement of these properties could only be possible following their expropriation by the TRNC state.”
“The law also regulated conditions for compensation and exchange. In case of application, in order to pay compensation to the relevant Greek Cypriot, the property’s market value in 20 July 1974 and its value increase from 1974 until today will be taken into consideration. While deciding on the compensation, it will also be taken into consideration whether the relevant Greek Cypriot possess any Turkish Cypriot property in the South.”
“In case of exchange, compensation demand for the loss of use or the moral loss for the individual residences is legally guaranteed.”
“The law that gives the execution power to the Ministry of Interior and addresses the Attorney –General’s Office as the claimant, envisages to set up a commission of at least seven people.”
“According to the Law, at least 2 members of the commission would be foreign, and in the definition of the word ‘foreign’ it was stressed that these people should neither be Turkish or Greek Cypriots, nor the citizens of three Guarantor powers, Turkey, Greece and the UK.”
“Speaking at the parliament’s general assembly meeting on this issue, Deputy Prime Minister and Minister for Foreign Affairs Serdar Denktas stated that the “internal law” procedure, which was regulated with the law, would be Turkey’s internal law but the implementing authority would be TRNC.”
“Serdar Denktas stressing that it was out of issue to cancel given title deeds, draw attention to the fact that if the property was to be returned to its Greek Cypriot owner, after the settlement, the Turkish Cypriots’ rights were also protected. Stating that properties that their title deeds were given and which were being used by the Turkish Cypriots would only be returned to their ex-owners after a settlement said at this point expropriation was also guaranteed with this law. Denktas said “it is impossible for the state to not recognize its own title deeds”.”
“Stressing that the principle of bi-zonality, which is as important as the principle of political equality, was also guaranteed and protected with this law Serdar Denktas said the political equality and bi-zonality were Turkish Cypriots rights and cannot be negotiated and this law further strengthened these two points.”
“Prime Minister Ferdi Sabit Soyer for his part stated that the side that wanted to shift the Cyprus issue for its own favour before a settlement, should take steps on the property issue.”
“Soyer stated that the law was prepared to be in conformity with the possible settlement on the bases of political equality and with the changing conditions.”
“Soyer stressing that if the European Court of Human Rights accepted this as an internal law the economy would be strengthened and the values of the properties would increase, said, therefore, the Turkish Cypriots needed this Law.”
“Pointing out that the Law envisaged a settlement on the bases of bi-zonality, Prime Minister Soyer said they would make an additional budget for compensations and if the court decides for compensation they would pay this money.”
