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''Loizidou v. Turkey'' is a landmark legal case regarding the rights of
refugees A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution.
wishing to
return Return may refer to: In business, economics, and finance * Return on investment (ROI), the financial gain after an expense. * Rate of return, the financial term for the profit or loss derived from an investment * Tax return, a blank document or t ...
to their former homes and properties. The
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
ruled that Titina Loizidou, and consequently all other refugees, have the right to return to their former properties. The ECHR ruled that
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
had violated Loizidou's human rights under Article I of Protocol I of the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
, that she should be allowed to return to her home and that Turkey should pay damages to her. Turkey initially ignored this ruling. On 22 July 1989 a
Cypriot Cypriot (in older sources often "Cypriote") refers to someone or something of, from, or related to the country of Cyprus. * Cypriot people, or of Cypriot descent; this includes: **Armenian Cypriots **Greek Cypriots **Maronite Cypriots **Turkish C ...
national Loizidou filed an application against
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
to the European Court of Human Rights, represented by Greek-Cypriot lawyer Achilleas Demetriades. Loizidou had been forced out of her home during Turkey's invasion of
Cyprus Cyprus ; tr, Kıbrıs (), officially the Republic of Cyprus,, , lit: Republic of Cyprus is an island country located south of the Anatolian Peninsula in the eastern Mediterranean Sea. Its continental position is disputed; while it is geo ...
in 1974 along with around 200,000 other Greek-Cypriots. During more than 20 years, she made a number of attempts to return to her home in
Kyrenia Kyrenia ( el, Κερύνεια ; tr, Girne ) is a city on the northern coast of Cyprus, noted for its historic harbour and castle. It is under the ''de facto'' control of Northern Cyprus. While there is evidence showing that the wider region ...
but was denied entry into the Turkish occupied part of Cyprus by the
Turkish army The Turkish Land Forces ( tr, Türk Kara Kuvvetleri), or Turkish Army (Turkish: ), is the main branch of the Turkish Armed Forces responsible for land-based military operations. The army was formed on November 8, 1920, after the collapse of the ...
. Her application resulted in three judgments by the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
(
Strasbourg Strasbourg (, , ; german: Straßburg ; gsw, label=Bas Rhin Alsatian, Strossburi , gsw, label=Haut Rhin Alsatian, Strossburig ) is the prefecture and largest city of the Grand Est region of eastern France and the official seat of the Eu ...
) which held Turkey responsible for
human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
violations in the northern part of
Cyprus Cyprus ; tr, Kıbrıs (), officially the Republic of Cyprus,, , lit: Republic of Cyprus is an island country located south of the Anatolian Peninsula in the eastern Mediterranean Sea. Its continental position is disputed; while it is geo ...
, which is under overall control of the Turkish armed forces. The
U.S. Department of State The United States Department of State (DOS), or State Department, is an United States federal executive departments, executive department of the Federal government of the United States, U.S. federal government responsible for the country's fore ...
commented on this case as follows: The Court also stated expressly that the damages awarded were not compensation for the property per se, but only for the denial of the ownership and use of the property, and that Loizidou retains full legal ownership of her property. In 2003 Turkey paid Loizidou the compensation amounts (of over $1 million) ruled by the European Court of Human Rights.__NOTOC__


Precedent

The case serves as important precedent for judgments in international courts of law regarding the
Cyprus dispute The Cyprus problem, also known as the Cyprus dispute, Cyprus issue, Cyprus question or Cyprus conflict, is an ongoing dispute between Greek Cypriots in the south and Turkish Cypriots in the north. Initially, with the Modern history of Cyprus#In ...
. Similar cases have been brought to the ECHR are awaiting judgement and two have been concluded in a similar fashion: * May 2007: ''Myra Xenides v. Turkey'', where Myra Xenides was awarded damages for loss of use of her property in
Famagusta Famagusta ( , ; el, Αμμόχωστος, Ammóchostos, ; tr, Gazimağusa or ) is a city on the east coast of Geography of Cyprus, Cyprus. It is located east of Nicosia District, Nicosia and possesses the deepest harbour of the island. Duri ...
. * April 2008: ''Demades v. Turkey'', where Ioannis Demades was awarded damages amounting to €835,000 for loss of use of his
Kyrenia Kyrenia ( el, Κερύνεια ; tr, Girne ) is a city on the northern coast of Cyprus, noted for its historic harbour and castle. It is under the ''de facto'' control of Northern Cyprus. While there is evidence showing that the wider region ...
property. The Loizidou case was also cited in the 2001 judgment on the interstate case ''
Cyprus v. Turkey ''Cyprus v. Turkey'' (IV) (2001) (No. 25781/94) is a case raised by Cyprus against Turkey in 1994 and decided on merits by the Grand Chamber of the European Court of Human Rights in 2001. It concerns the situation existing in Northern Cyprus aft ...
''.


See also

* ''
Apostolides v Orams ''Apostolides v Orams'' is a landmark legal case decided in the European Court of Justice on 28 April 2009. It concerned the right for Greek Cypriot refugees to reclaim land in northern Cyprus, displaced after the Turkish invasion of Cyprus in 1 ...
'' *
Eleni Foka Enclaved Greek Cypriots are the Greek Cypriots who have remained in enclaved villages in Northern Cyprus after the Turkish invasion of Cyprus in 1974. In 2014, the population of Greek Cypriots was 343. The Greek Cypriots in Rizokarpaso elects the ...
* ''
Greek Cypriots, et al. v. TRNC and HSBC Bank USA ''Toumazou et al. v. Republic of Turkey et al.'', was a class action suit by Greek Cypriots and others against the TRNC Representative Offices in the United States and HSBC Bank USA. Turkey was dropped as defendant on 16 February 2010 and the lawsu ...
'' *
Human rights in Turkey Human rights in Turkey are protected by a variety of international law treaties, which take precedence over domestic legislation, according to Article 90 of the 1982 Constitution. The International Covenant on Civil and Political Rights (ICCPR ...
*
Human rights in Northern Cyprus Human rights in Northern Cyprus are protected by the constitution of Northern Cyprus.Judgment on preliminary objections (1995)

Judgment on merits (1996)

Judgment on just satisfaction (1998)
1996 in case law Cyprus dispute European Court of Human Rights cases decided by the Grand Chamber European Court of Human Rights cases involving Turkey European Court of Human Rights cases involving Cyprus Article 1 of Protocol No. 1 of the European Convention on Human Rights