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BY GEORGE MOUSKIDES
Following the positive developments for the Greek Cypriot side in the Orams case, understandably one might ask whether the legal property issues may give a push to the solution of the Cyprus problem.
Appeals by a number of Turkish Cypriots reclaiming their property in the free areas are placing pressure on our government to rethink the present status of the Turkish Cypriot properties.
As over-simplified as this might sound, these developments in property may give extra incentives to the negotiating parties in the peace talks to expedite a solution.
To be more specific, as things are evolving with the legal cases, if the Greek Cypriots acquire the right for compensation from the prohibition of the use of their properties in the occupied areas and at the same time the right to demand the return of their properties, with the latter also being valid for the Turkish Cypriots, then one of the thorniest aspects of the Cypriot problem may be close to a settlement.
An article in the Turkish press stated that Mrs Nezire Sofi, a Turkish Cypriot who lives in England, submitted an appeal to the European Court of Human Rights in 2004, and reached a settlement with the Cypriot government for the sum of €500,000 for her property in the areas controlled by the government of the Republic of Cyprus. Also, that the government committed itself to amending the way it deals with Turkish Cypriot properties.
In order to put matters into perspective, we need to mention that Turkish Cypriot land in Cyprus amounts to 848,858 hectares. Across the island, Turkish Cypriot property amounts to 12.3% of the total land, and of this 10.14% or roughly 82% are in the free areas.
What is of paramount importance is that the Orams case creates a precedent and opens the door for other Greek Cypriots to follow the same course, for compensation and “possession” of their property.
What is “possession”?
Does this refer to the return of the property with full rights? Will the Greek Cypriots get possession of their land in the occupied areas and say have the right to build a house on it?
Well, we are not there yet. These are legal questions that will require time to be decided by the courts, if ever. What is certain is that the Orams decision, apart from the compensation that will need to be paid, will create serious economic problems in the occupied areas. The construction industry, which already faces serious problems, will be further damaged as many foreigners will hurry to find ways to sell the properties they illegally bought in the occupied areas. This will create economic troubles for the average Turkish Cypriot as well.
Only time will tell how all these legal issues will evolve. We urge our government to encourage as many Greek Cypriots as possible to appeal to the European courts claiming their properties. At the same time we suggest that our government solves the property issues for Turkish Cypriot properties in the free areas.
George Mouskides is Chairman of the Association for the Promotion of Property Development and Manager of Fox Smart Estate Agency
