LORDOS TOURIST LIMITED v. TÜRKİYE and 9 other applications

Published on 10 February 2024   SECOND SECTION Application no. 56149/17 LORDOS TOURIST LIMITED against Türkiye and 9 other applications (see list appended) communicated on 22 January 2025 SUBJECT MATTER OF THE CASE The applications concern the length of judicial proceedings initiated before the Immovable Property Commission (“IPC”), established in 2005 to examine the Greek Cypriots’ property claims in the “Turkish Republic of Northern Cyprus” (“TRNC”) as a result of the events of 1974 (see details in the Appendix below). The cases raise, in addition to the issue of the length of proceedings before the IPC, the problem of the lack of effective remedies in this respect. In particular, the applicants allege that the proceedings before the IPC last too long, they do not have any remedy to accelerate them and that their property claims have no prospect of success because of their religion and ethnic origin. The applicants complain of a violation of Articles 6, 13 and 14 of the Convention and Article 1 of Protocol No. 1 to the Convention. Some of the applicants also allege that they cannot return to their family homes and live there under Article 8 of the Convention (applications nos. 64919/17, 79198/17, 23525/18, 4003/21 and 55841/21).     QUESTIONS TO THE PARTIES 1.  Having regard to the length and the practical operation of the proceedings before the IPC, has there been a breach of the applicants’ rights under Articles 6 § 1 and 8 of the Convention and Article 1 of Protocol No. 1, taken alone and in conjunction with Article 14 of the Convention (see Cyprus v. Turkey [GC], no. 25781/94, §§ 174-175, ECHR 2001-IV; Scordino v. Italy (no. 1) [GC], no. 36813/97, §§ 134-227, ECHR 2006-V; Tierce v. San Marino, no. 69700/01, §§ 24-32, ECHR 2003-VII; and Joannou v. Turkey, no. 53240/14, §§ 56-109, 12 December 2017)?   2.  Did the applicants have at their disposal an effective remedy for their complaints under Articles 6 § 1 and 8 of the Convention and Article 1 of Protocol No. 1 (either alone or taken in conjunction with Article 14 of the Convention), as required by Article 13 of the Convention (see Joannou, ibid.; Marshall and Others v. Malta, no. 79177/16, §§ 54-90, 11 February 2020; and Bara and Kola v. Albania, nos. 43391/18 and 17766/19, §§ 98‑124, 12 October 2021)?       APPENDIX No. Application no. Case name Introduction date Applicant Year of Birth Place of Residence Nationality Represented by Summary of facts 1. 56149/17 Lordos Tourist Limited v. Türkiye 20/06/2017 LORDOS TOURIST LIMITED 1965 CYPRUS Cypriot Achilleas DEMETRIADES The applicant applied to the IPC on 14 July 2011. On 20 January 2012 the applicant filed an application for judgment in default. The Attorney General’s Office did not submit an opinion or an opposition to the IPC in reply to the applicant’s claims. The hearings have been adjourned many times and the proceedings before the IPC are still pending. 2. 64919/17 Kyriakides and Kyriakidou v. Türkiye 04/08/2017 Costas G. KYRIAKIDES 1929 Nicosia (Cyprus) Cypriot Rita KYRIAKIDOU ANTHOULLI 1900 Cypriot Achilleas DEMETRIADES The applicants applied to the IPC on 20 December 2011. On 28 May 2012 the applicants filed an application for judgment in default. The Attorney General’s Office did not submit an opinion or an opposition to the IPC in reply to the applicants’ claims. The hearings have been adjourned many times and the proceedings before the IPC are still pending. 3. 79198/17 Pavlou v. Türkiye 10/11/2017 Kyproulla PAVLOU 1948 Pretoria Cypriot, British Achilleas DEMETRIADES The applicant applied to the IPC on 31 January 2013. On 29 July 2015 the applicant filed an application for judgment in default. The Attorney General’s Office did not submit an opinion or an opposition to the IPC in reply to the applicant’s claims. The hearings have been adjourned many times and the proceedings before the IPC are still pending. 4. 79212/17 Josephides v. Türkiye 18/10/2017 Costas JOSEPHIDES 1932 Essex Cypriot, British Murat Metin HAKKI The applicant applied to the IPC on 4 October 2012. The Attorney General’s Office did not submit an opinion or an opposition to the IPC in reply to the applicant’s claims. The hearings have been adjourned many times and the applicant withdrew his application on 4 October 2017. 5. 23525/18 Yiapani v. Türkiye 03/05/2018 Stella YIAPANI 1947 LIMASSOL Cypriot Achilleas DEMETRIADES The applicant applied to the IPC on 5 December 2011. On 16 February 2012 the applicant filed an application for judgment in default. The Attorney General’s Office did not submit an opinion or an opposition to the IPC in reply to the applicant’s claims. The hearings have been adjourned many times and the proceedings before the IPC are still pending. 6. 60629/19 Torikian and Others v. Türkiye 14/11/2019 Krikor TORIKIAN 1950 TORONTO Canadian Sylvia Brenda DARIAN 1954 Pasadena American Seta NIGOGHOSSIAN 1939 ONTARIO Canadian Tenny Lisa NIGOGHOSSIAN 1963 Ontario - Canada Canadian Peter Haig NIGOSIAN 1961 Ontario - Canada Canadian Zvart TOKATLIAN 1946 VANCOUVER Canadian Vahan Edmond TORIKIAN 1954 ONTARIO Canadian Achilleas DEMETRIADES The applicants applied to the IPC on 21 December 2015. On 27 July 2016 the applicants filed an application for judgment in default. The Attorney General’s Office did not submit an opinion or an opposition to the IPC in reply to the applicants’ claims. The hearings have been adjourned many times and the proceedings before the IPC are still pending.   7. 4003/21 Neophytou v. Türkiye 22/12/2020 Maria NEOPHYTOU Limassol Cypriot Achilleas DEMETRIADES The applicant applied to the IPC on 13 December 2011. On 29 May 2012 the applicant filed an application for judgment in default. The Attorney General’s Office did not submit an opinion or an opposition to the IPC in reply to the applicant’s claims. The hearings have been adjourned many times and the proceedings before the IPC are still pending. 8. 19378/21 Ioannou v. Türkiye 02/04/2021 Stelios IOANNOU 1941 Nicosia Cypriot Ioannis IOANNOU 1968 Nicosia Cypriot Maria IOANNOU 1970 Nicosia Cypriot Murat Metin HAKKI The applicants applied to the IPC on 31 May 2012. On 22 February 2013 the applicants filed an application for judgment in default. The Attorney General’s Office did not submit an opinion or an opposition to the IPC in reply to the applicants’ claims. The hearings have been adjourned many times and the proceedings before the IPC are still pending. 9. 55841/21 Florides v. Türkiye 05/11/2021 Marios FLORIDES 1965 Larnaca Cypriot Achilleas DEMETRIADES The applicant applied to the IPC on 21 November 2014. The Attorney General’s Office did not submit an opinion or an opposition to the IPC in reply to the applicant’s claims. The hearings have been adjourned many times and the proceedings before the IPC are still pending. 10. 19059/23 Nicolatos and Tanou v. Türkiye 24/04/2023 Myron-Michael NICOLATOS 1952 Limassol Cypriot Miranda TANOU 1949 Nicosia Cypriot Achilleas DEMETRIADES The applicants applied to the IPC on 26 April 2012. On 27 June 2012 the applicants filed an application for judgment in default. The Attorney General’s Office did not submit an opinion or an opposition to the IPC in reply to the applicants’ claims. The hearings have been adjourned many times and the proceedings before the IPC are still pending.