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OWNERSHIP STATUS OF HOTELS AND OTHER
ACCOMODATION FACILITIES IN THE OCCUPIED
PART OF THE REPUBLIC OF CYPRUS
The
Ministry of Foreign Affairs of the Republic
of Cyprus hereby publishes a list1 of hotels
situated in the Turkish occupied part of
Cyprus. The majority of these hotels belong
to Greek Cypriot displaced persons who were
forced to leave their properties following
the Turkish invasion of 1974 or have been
built illegally on properties belonging
to displaced Greek Cypriots, in violation
of the latter's property rights and without
their consent.
A
number of hotels belong to Turkish Cypriots
or have been built on land belonging to
Turkish Cypriots.
The
European Court of Human Rights, in its Judgment
of 18 December 1996, on theindividual application
of the Greek Cypriot displaced owner Mrs.
Titina Loizidou, against Turkey, and in
the Fourth Interstate Application of Cyprus
against Turkey of 10 May 2001, upheld the
rights of the refugees to their properties.
In the Loizidou case, the Court ordered
the Government of Turkey to compensate the
applicant for the time period of deprivation
of use of her property and to provide full
access and allow peaceful enjoyment of her
property in Kyrenia. The right of the displaced
owners to their properties was reconfirmed
in the most recent decision of the European
Court of Human Rights (Dec. 2005) regarding
the application of Myra Xenides- Arestis
v. Turkey.
It
should also be reminded that, according
to the United Nations Principles on Housing
and Property Restitution for Refugees and
Displaced Persons (the Pinheiro principles)
"all refugees and displaced persons have
the right to have restored to them any housing,
land or property of which they were arbitrarily
or unlawfully deprived.."
Under
Cyprus Law, Greek Cypriot property owners
may bring legal actions before the competent
Courts of the Republic against trespassers
to their properties in the Turkishoccupied
area, claiming damages and other legal remedies
available to them under civil law. Judgments
issued in favour of lawful property owners
shall be recognized and enforced against
property/assets of the defendants/judgment
debtors in any EU member State, under the
provisions of EC Regulation No.44/2001.
In
the case of Meletis Apostolides v. Orams,
the Court of Appeal of England and Wales
has very recently examined the Appeal lodged
by Mr. Apostolides against the High Court
judgment issued on 6.9.2006, which held
that a judgment of the District Court of
Nicosia in favour of Mr. Apostolídes regarding
immovable property owned by him in the area
of Lapithos, illegally held by Mr. and Mrs.
Orams, could not be enforced in England
under Regulation No.44/2001. The Court of
Appeal, at the outset of the hearing proceedings,
rejected the argument submitted on behalf
of the Orams that the interpretation of
the crucial EU Law provisions is so clear
that the Court of Appeal should dismiss
the appeal without referring any questions
to the European Court of Justice. The Court
of Appeal (the Lord Chief Justice presiding)
held that the resolution of the predominant
issues in the case depended upon the interpretation
of EU law and that such interpretation,
being far from clear, should ultimately
rest with the European Court of Justice,
upon a reference for a preliminary ruling
under Articles 68 and 234 of the EC Treaty.
Pending adjudication by the European Court
on the questions referred to it by the Court
of Appeal, it is abundantly clear that the
judgment of the High Court dated 6.9.2006
is of no legal effect, as it hasbeen cast
with serious doubts as to the merits thereof,
such doubts having been clearly expressed
by the Court of Appeal in deciding on the
reference of the critical issues.
It
is also important to note that, under Cyprus's
Criminal Code, Cap.154, any person who,
with intent to defraud, deals in immovable
property belonging to another is guilty
of a felony ("fraudulent dealings in immovable
property belonging to another") and is liable
to imprisonment for up to seven years. Under
the Law a person is deemed to be dealing
in immovable property where he/she (a) sells
to another, or rents to another, or mortgages
to another or encumbers in any way, or makes
available for use by another immovable property,
or (b) advertises or otherwise promotes
the sale or renting out or mortgaging or
charging in any way to another of immovable
property or the use thereof by another,
or (c)concludes an agreement for the sale
to another, or the renting out to another,
or themortgaging to another, or the charging
in any way to the benefit of another, or
the use by another of immovable property,
or (d) accepts the immovable property which
is the object of the dealing. Depending
on the situation, it is also possible that
European Arrest Warrants be issued against
persons who may be prosecuted for the aforesaid
criminal offence in the Republic.
In
the light of the above and bearing particularly
in mind that the right to peaceful enjoyment
of one's property is an inalienable individual
human right protected under the Constitution
of the Republic and the European Convention
on Human Rights, Greek Cypriot property
owners are entitled to legal protection
against any form or unlawful interference
with such rights. Persons responsible for
such interference run a serious risk of
facing legal proceedings, either in the
form of civil action or criminal prosecution,
with grave consequences, as already explained
above.
The
Ministry of Foreign Affairs of the Republic
of Cyprus conveys a strong warning message
to foreign citizens who wish to travel to
the occupied part of Cyprus, that staying
in the listed Greek Cypriot owned hotels
or in hotels which have been built on Greek
Cypriot property without the consent of
the owners, is illegal and contributes and/or
assists in the illegal exploitation/usurpation
of Greek Cypriot properties contrary to
domestic and/or International Law. Such
foreign citizens are, therefore, advised
to seek accommodation in hotels and other
establishments lawfully owned by Turkish
Cypriots.
3
July 2007
An indicative but non-exhaustive list of hotels
operating on the occupied part of Cyprus
can
be found at this
link.
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