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FOURTH SECTION CASE of LORDOS and OTHERS V FOURTH SECTION CASE OF LORDOS AND OTHERS v. TURKEY (Application no. 15973/90) JUDGMENT (merits) STRASBOURG 2 November 2010 FINAL 11/04/2011 This judgment has become final under Article 44 § 2 (c) of the Convention. It may be subject to editorial revision. LORDOS AND OTHERS v. TURKEY JUDGMENT (MERITS) 1 In the case of Lordos and Others v. Turkey, The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of: Nicolas Bratza, President, Lech Garlicki, Ljiljana Mijović, David Thór Björgvinsson, Ján Šikuta, Päivi Hirvelä, Işıl Karakaş, judges, and Fatoş Aracı, Deputy Section Registrar, Having deliberated in private on 5 October 2010, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application (no. 15973/90) against the Republic of Turkey lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by thirteen Cypriot nationals, Mr Constantinos G. Lordos, Mr Kikis L. Christofides, Mr Zacharias Spiridonos, Mr Stavros Ioannou, Mr Areti G. Ionides, Mr Michalis Evangelides, Mr Loizos D. Loizides, Mr Christos Hadjimanolis, Mr Panayiotis Sergis, Mr Georgios Misirlis, Mr Georgios Rouvas, Mrs Eleni (alias Lenia) Antoniadou and Mr Stelios Mandrides (“the applicants”), on 20 December 1989. 2. The applicants were represented by Mr A. Demetriades, a lawyer practising in Nicosia. The Turkish Government (“the Government”) were represented by their Agent, Mr Z.M. Necatigil. 3. The applicants alleged, in particular, that the Turkish occupation of the northern part of Cyprus had deprived them of their homes and properties and that they had been the victims of discrimination on grounds of their ethnic origin and religious beliefs. 4. The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11). 5. By a decision of 27 June 2000 the Court declared the application partly admissible. 6. On 11 April 2001 Mr Panayiotis Sergis (hereinafter also referred as applicant no. 9) died. In 2002 the executor of his will, Mr Andis Scordis, transferred the properties of the deceased to his children. On 12 January 2004 their representative indicated that the wife of applicant no. 9, Mrs Eleni (alias 2 LORDOS AND OTHERS v. TURKEY JUDGMENT (MERITS) Lenia) Sergi, and his three children, Sophia, Marianna and Dimitris Sergi, wished to continue the proceedings before the Court. 7. By two written declarations of 5 December 2008, Mr Loizos Loizides and Mr Georghios Rouvas (hereinafter also referred to as applicants nos. 7 and 11) stated that they no longer wished “to proceed further with the case”. 8. The applicants and the Government each filed observations on the merits (Rule 59 § 1). In addition, third-party comments were received from the Government of Cyprus, which had exercised its right to intervene (Article 36 § 1 of the Convention and Rule 44 § 1 (b)). 9. On 21 November 2008 the Evkaf Administration, a religious trust whose headquarters were located in Nicosia (northern Cyprus), sought leave to intervene as a third party (Article 36 § 2 of the Convention). It alleged that it was the owner of some of the properties claimed by the applicants and that the latter had obtained registration of these properties in their names against the principles set out in the “Ahkâm-ül Evkaf Laws”. These principles, adopted with the advent of Ottoman rule in Cyprus, had been upheld and confirmed by subsequent administrations. On 5 December 2008 the President of the Fourth Section of the Court decided to refuse the Evkaf Administration's request, as its intervention was not necessary in the interests of the proper administration of justice (Rule 44 § 2 of the Rules of Court). THE FACTS 10. The applicants were born in 1940, 1941, 1938, 1952, 1946, 1953, 1925, 1940, 1929, 1952, 1926, 1948 and 1948 respectively and live in southern Cyprus. 11. The applicants alleged that their homes, as well as other immovable properties, had been in the districts of Famagusta and Kyrenia (northern Cyprus). In July 1974, as the Turkish troops were advancing, they had been forced to leave their houses and belongings. 12. The properties claimed by the applicants were described as follows in the Court's final decision on the admissibility of the application. 13. Properties of applicant no. 1, Mr Constantinos G. Lordos: (1) Kyrenia, Livera, Fyrades-Tsounni, Plot No. 1, Sheet/Plan: 5/54, Area: 47:2:335m² Use: Land, Share: 1/15; (2) Famagusta, Egkomi, Salamina, Plot No. 56/1, Sheet/Plan: 24/42, Area: 0:8:900m², Use: Land, Share: 1/12; (3) Famagusta, Trikomo, Finikoudia/Leivadia, Plot Nos. 209, 211, 199/1, Sheet/Plan: 15/43, Area: 0:3:213, 0:1:894, 1:3:409, Use: Land, Share: 1/3, 1/3, ½ respectively; LORDOS AND OTHERS v. TURKEY JUDGMENT (MERITS) 3 (4) Famagusta, Trikomo, Pervolia Trikomou/Kokkines, Plot No. 140/1, Sheet/Plan: 15/43, Area: 1:6:92, Use: Land, Share: 1/3; (5) Famagusta, Vasili, Ammos, Plot Nos. 172, 173, 179, Sheet/Plan: 8/21, Area: 0:8:455m², 0:8:848, 0:4:977, Use: Land, Share: 1/8 in total; (6) Famagusta, Vasili, Ammos, Plot Nos. 190, 191, 193, 194, 195, 196, Sheet/Plan: 8/21, Area: 0:6:924, 0:9:912, 0:1:800, 0:1:791, 0:2:370, 0:2:568, Use: Land, Share: ½ in total; (7) Famagusta, Avgorou, Mantres tou Tzipou, Plot No. 187, Sheet/Plan: 32/40, Area: 0:6:331, Use: Land, Share: ¼; (8) Famagusta, Avgorou, Mantres tou Tzipou, Plot Nos. 204, 205, 206, 207, 208/1, 208/2, Sheet/Plan: 32/40, Area: 1:1:3, 1:3:704, 0:4:513, 0:4:696, 0:2:655, 0:2:508, Use: Land, Share: ¼; (9) Famagusta, Ayios Theodoros, Valia, Plot No. 14, Sheet/Plan: 15/24, Area: 1:1:520, Use: Land, Share: 1/5; (10) Famagusta, Ayios Nicolaos, Plot No. 1265, Sheet/Plan: 33/13.4.4, Use: Shop A Lordos Cyprian Court, Share: No. 1265, Sheet/Plan: 33/13.4.4, Use: Shop D - Lordos Cyprian Court, Share: 100%; (11) Famagusta, Chrysi Akti, Plot No. 777, Sheet/Plan: 33/21.1.2, Block A, Area: 0:1:864, Use: Land and buildings, Share: ¼; (12) Famagusta, Ayios Nicolaos, Plot No. 1009, Sheet/Plan: 33/12.6.2, Block D, Area 0:0:660, Use: Land and building 10 shops, 8 flats, 2 underground stores, Share: ¼; (13) Famagusta, Ayios Memnon, Plot Nos. 370, 379, Sheet/Plan: 33/29.3.4, Block E, Area: 0:3:821, Use: Land, Share: 7/20; (14) Famagusta, Acropolis, Plot No. 463, Sheet/Plan: 33/21/4.3, Block J, Area: 0:0:260, Use: Building site, Share: ¼; (15) Famagusta, Ayios Loucas, Plot Nos. 83, 85, Sheet/Plan: 33/3, Block C, Area: Unknown, Use: Land under development, Share: ¼; (16) Famagusta, Salamina, Plot No. 19, Sheet/Plan: 24/59, Block D, Area: 1:8:80, Use: Land in industrial area, Share: 1/6; (17) Famagusta, Salamina, Plot Nos. 1192, 1194, 1181, 1183, Sheet/Plan: 24/60, Block C, Area: 0:0:521, 0:0:535, 0:0:518, 0:0:530, Use: Building site, Share: 1/10, 1/10, ¼, ¼ respectively; (18) Famagusta, Salamina, Plot No. 49, Sheet/Plan:. 24.60, Block D, Area: 6:5:350, Use: Land, Share: 11/80; (19) Famagusta, Salamina, Plot No. 949, Sheet/Plan: 24/60, Block C, Area: 4:7:9, Use: Land under development, Share: 1/10; (20) Famagusta, Salamina, Plot Nos. 180, 181, 183, Sheet/Plan: 24/59, Block D, Area: 0:0:970, 0:0:838, 0:0:731, Use: Building sites, Share: ¼; (21) Famagusta, Salamina, Plot Nos. 192, 194, 195, Sheet/Plan: 33/3, Block D, Area: 0:0:793, 0:0:771, 0:0:801, Use: Building sites, Share: ¼; (22) Famagusta, Salamina, Plot No. 667, Sheet/Plan: 24/59, Block D, Area: 0:0:533, Use: Building site, Share: ¼; 4 LORDOS AND OTHERS v. TURKEY JUDGMENT (MERITS) (23) Famagusta, Salamina, Plot No. 1960, Sheet/Plan: 24/59, Block D, Area: 4:5:732, Use: Land, Share: 17/100; (24) Famagusta, Ayios Loucas, Plot Nos. 1650, 1651, 1656, 1657, 1658, 1659, 1665, 1667, 1668, 1680, Sheet/Plan: 33/3, Block C, Area: Unknown, Use: Land, Share: 7/20; (25) Famagusta, Ayios Loucas, Plot No. 1703, Sheet/Plan: 33/3, Block C, Area: Unknown, Use: Building site, Share: 7/20; (26) Famagusta, Ayios Nicolaos, Plot No. 1006, Sheet/Plan: 33/12/6.2, Block D, Area: 0:0:552, Use: Land and buildings, 6 shops, 4 bedroom (offices), 2 underground stores, Share ¼; (27) Famagusta, Chrysi Akti, Plot No. 781, Sheet/Plan: 3/12.1.2. Block A, Area: 1:0:1455, Use: Golden Plage Hotel (3 star) (96 rooms, reception room, bar, cafeteria, restaurant), Share: ¼; (28) Famagusta, Chrysi Akti, Plot No. 181, Sheet/Plan: 33/21.1.2, Block A, Area: 0:0:466, Use: Building site, Share: ¼; (29) Famagusta, Kantara, Plot No. 56, Sheet/Plan: 68/39, Area: Unknown, Use: Kantara Lodge (9 double rooms, billiard room, sitting room), Share ¼; (30) Famagusta, Chrysi Akti, Plot No. 850, Sheet/Plan: 33/21.2.1, Block A, Area: Unknown, Use: Studio No. 6 Lordos des Sirenes, Share: 100%; (31) Famagusta, Chrysi Akti, Plot No. 850, Sheet/Plan: 33/21.2.1, Block A, Area: Unknown, Use: Flat No. 9 Lordos des Sirenes, Share: 100%; (32) Famagusta, Ayios Ioannis, Plot No. 645, Sheet/Plan: 33/12.3.2 Block C, Area: 0:1:815, Use: Shop No. 1- Lordos Waterfront, Share: 100%; (33) Famagusta, Ayios Ioannis, Plot No.
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