Turkish Cypriots Pursue Compensation Claims Despite Guardian Law Protections
Turkish Cypriots are continuing their pursuit of compensation claims through the courts, despite existing laws empowering the Interior Minister to manage Turkish Cypriot properties.
A total of 46 cases are seeking compensation amounts ranging from €500,000 to over €2 million per case. These legal challenges contest the authority granted by law to the Custodian of Turkish Cypriot Properties to manage properties abandoned by their owners following the 1974 Turkish invasion.
The government finds some reassurance in the fact that this authority has already been deemed constitutional, legal and justified through numerous Supreme Court decisions.
However, there remains a grey area regarding whether the Custodian legislation covers cases of compulsory acquisition that are currently before the courts. The compensation amounts for these acquisitions have been transferred to the Turkish Cypriot Properties Management Service, which may be required to pay these sums to the Turkish Cypriot property owners. State authorities are unable to accurately estimate the potential cost of such an outcome.
Under current legislation, the Interior Minister is appointed as Custodian of Turkish Cypriot properties and manages them for the duration of the current situation until a final settlement is reached.
The law grants the Custodian the same rights and obligations as the Turkish Cypriot owners would have. The Custodian’s key responsibilities include:
- Managing all Turkish Cypriot properties
- Collecting any amounts due to rightful owners and issuing necessary receipts
- Gathering and disposing of property yields in the owner’s best interest
- Making necessary payments for property-related obligations
- Maintaining and improving properties through repairs, developments, and cultivation
- Making arrangements, entering into, terminating or cancelling contracts, and leasing properties under terms most beneficial to the owner
Source: In-Cyprus
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