Prof. Eyal Benvenisti: Greek Cypriot Judiciary Has No Jurisdiction Over Property

According to Prof. Benvenisti, after 50 years of Greek-Turkish governance on the island, the property rights of those who have established their lives in the region should take precedence over the claims of the descendants of Greek Cypriots who owned property more than 50 years ago.

"This approach is based on the comprehensive, consistent, and long-standing case law of the European Court of Human Rights (ECHR)," said Prof. Benvenisti. "Around 20 years ago, the ECHR ruled that the rights of those residing in the TRNC and acting in accordance with its valid legal framework must be recognized."

Prof. Benvenisti outlined his arguments as follows:

1. In 2005, the TRNC enacted Law No. 67/2005, establishing the Immovable Property Commission (IPC) to address claims over properties owned by Greek Cypriots before 1974. This was done in accordance with directives from the European Court, which recognized this mechanism as the sole framework for resolving such disputes.

2. In the Demopoulos v. Turkey case, the ECHR reviewed and upheld this law, confirming that it complies with international and human rights law.

3. Property transactions carried out under Law No. 67/2005 are legally valid under international law and the European Convention on Human Rights (ECHR).

4. While Greek Cypriots who owned land before 1974 can seek remedies through the IPC, current property owners also have rights.

5. Those who have acquired property in good faith under this legal framework are protected, and their deeds are legally valid.

6. The Republic of Cyprus and its courts must recognize property rights under Law No. 67/2005, as required by international law and the ECHR. Ignoring these rights violates the legal protections of individuals in the TRNC and disrupts public order.

7. The criminal charges brought against Simon Aykut violate his rights under the ECHR, particularly Article 5 (right to liberty and security).

8. The case also breaches Article 6 of the ECHR (right to a fair trial).

9. These actions harm other property owners in the TRNC and violate Cyprus’s international obligations.

10. The legal proceedings against Simon Aykut are contrary to the ECHR and international law.

11. Cyprus's measures risk destabilizing property rights and harming the TRNC economy.