ECHR endorses Tymvios proprty deal
ECHR endorses Tymvios-Turkey property deal
But implementation uncertain
Greek Cypriots who reach a friendly settlement with Turkey
over
their property claims through the European Court of Human Rights have to
fend for themselves if they run into trouble implementing the deal, it
emerged from a ECHR judgment this week.
In its much-awaited endorsement of a settlement between Mike
Tymvios and Ankara, the ECHR told him that if there is any interference
with
his property rights, by implication in the free areas of Cyprus, he would
have to go to court against the government for allegedly interfering with
such rights.
The ECHR also refrained from making any express reference to
the
so-called "immovable property commission", which brokered the friendly
settlement between Tymvios and Turkey.
In Nicosia, government spokesman Stephanos Stephanou was asked
if the government would tell Tymvios to wait in case he asked for his
property exchange deal with Turkey to go through.
Swap
"Certainly. These are government decisions. The Government
will
act after it has examined all aspects of the issue in defence of the
interests of the Republic of Cyprus and of the laws of the Republic."
Tymvios agreed to withdraw his application from the ECHR after
winning it, in exchange for $1m and a property swap.
Through the "immovable property commission" of the occupation
regime he accepted to exchange 600 Cypriot donums of land (skales) near
the
illegal Tymbou airport for 22 donums of Turkish Cypriot land in Larnaca,
administered by the religious Evkaf trust. The $1m is payable on
publication
of the friendly settlement.
Under the terms of the agreement, Turkey will not be held
responsible for any part of the deal that cannot be implemented in the
free
areas.
For the exchange to go through, Tymvios and the Turkish
Cypriot
administrators must both appear before the local land registry in Larnaca
and apply for the transfer of titles.
Under the law of necessity, however, Turkish Cypriot
properties
abandoned in the free areas after 1974, are administered by the Interior
Ministry as the Guardian of such properties until a solution to the Cyprus
problem is found.
In addition, under the law of the Republic, Mike Tymvios is
bankrupt and cannot make decisions about his estate.
Compensation
The Cyprus Government through the Official Receiver had tried
to
intervene in the friendly settlement procedure at Strasbourg but the Court
rejected its arguments.
"Further, in so far as the Court has received submissions from
the Official Receiver (...) drawing attention to the applicant's
bankruptcy
and questioning his ability to enter into any settlement or receive any
compensation, it would only remark that the applicant's status as a
bankrupt
may be of relevance on a domestic level but does not affect the present
application," the ECHR noted in its endorsement.
Commenting, the government spokesman took notice of the
endorsement of the friendly settlement by the ECHR and added that the
Government in cooperation with the Attorney General will study all the
aspects of the endorsement in depth and "where these clash with the laws
of
the Republic or affect its interests, it will defend them."
Tymvios in earlier statements to the Cyprus Weekly had said
that
he did not want to open a front with the government but wanted to offer
the
property he acquired through the friendly settlement with Turkey for
expropriation by the Cyprus Government.
Standing on the property are two school buildings, a petrol
station and a couple of houses.
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