The European Court of Human Rights has announced its final verdict on the Arestis Case yesterday (7 December) and accepted the Immovable Property Commission which was established in the TRNC last year, as an “internal law procedure“(domestic remedy).

It was stressed that the Immovable Property Commission had begun functioning within the framework of ECHR’s suggestion made in March and December 2005 and stated that steps taken by Ankara in this direction were welcomed.

The decision is expected to affect the future of more than 1400 Greek Cypriot cases at the ECHR.

Law experts had considered the ECHR’s decision, which accepted the Immovable Property Commission as an internal law procedure, as a positive development for the Turkish side and stressed that in time all the cases could be directed to the Commission. Experts also said it was important that while deciding on the amount of the compensation the ECHR considered the amount envisaged by the Commission.

The Immovable Property Commission was set up with the aim of creating an internal law procedure for property issues in line with “The Law on Compensation, Exchange and Restitution of the Immovable Property”, which after long debates was approved and put into force on 19 December 2005. The Commission is responsible on implementing the law which envisaged compensation, exchange and restitution of the former Greek Cypriot properties in North Cyprus.

The Commission headed by Sümer Erkmen is composed of seven members, two of which are foreign members.

The Commission, which had received about 80 applications from the Greek Cypriots for their former property in the North and concluded 10 out of them, had also produced a decision for the Arestis case at the ECHR. The Commission offered to pay a total of 460 thousand CYP (Cyprus pounds), 220 thousand CYP of this for the property and 240 thousand CYP for the loss of income, to Arestis who applied to the ECHR requesting compensation for her former property in Varosha. The Commission had sent this offer in written to Arestis’ lawyer.

Speaking after the meeting, President Talat said they had a very fruitful meeting. Talat said he evaluated Turkey’s proposal to open one of its air and sea ports in return of the opening of Ercan Airport and Famagusta port as a new and positive opening.

Considering the Greek Cypriot side’s reaction in response to Turkey’s proposal as “odd”, President Talat said:

“Greek Cypriot side’s reaction and attitude against Turkey’s proposal show how strict they are and how much they want to pressurize the Turkish Cypriots. The EU should observe and acknowledge this attitude. We propose reasonable things, but the Greek Cypriot side rejects our proposals. Because they think that by setting their demands as a precondition, they would derail Turkey’s EU process or obtain concessions. I would like to reiterate that this will not be possible.”

Explaining that during his meeting with Bot they discussed the settlement of the Cyprus issue and developments regarding Turkey’s EU process, Talat said he once more stressed the importance of settling the Cyprus issue within the framework of the UN.

President Talat pointing out that they also discussed the property issue, which was a very interesting issue for Netherlands, said he explained that the recent decision of the European Court of Human Rights had put forward the Turkish Cypriot side’s rightfulness and seriousness on the property issue.

“Although the Turkish Cypriots believe that the property issue could be settled within the framework of a comprehensive settlement, they established the Immovable Property Commission with the aim of creating an internal law procedure as a temporary solution. ECHR’s decision considering this as positive has put forward our seriousness on this issue. I think these are important developments. These show that the Turkish Cypriots are following the right path in the Cyprus issue and they are very sincere for the settlement of the Cyprus problem.

Turkey proposed to open one of its sea and airports for one year in return of the one-year opening of Ercan Airport and Famagusta port and the start of a settlement initiative in Cyprus in 2007.

The proposal, which was taken up during the Meeting of Permanent Representatives in Brussels, was conveyed orally to EU Term President Finland, the UK, Italy, Spain and Sweden. According to the proposal, the related sides would return to their current position if a settlement could not be reached until the end of 2007.

The Greek Cypriot administration stated that they would never approve the opening of Ercan Airport to international flights and the government Spokesman of the Greek Cypriot administration Christodoulos Pashiardis said: This could never happen”.