The Republic of Cyprus, a member of the European Union and self-proclaimed bastion of human rights, is paradoxically home to one of the most persistent and egregious violations of these very principles: the systematic denial of property rights to Turkish Cypriots.

This is not merely a legal issue but a matter that strikes at the heart of justice, equity, and human dignity. Despite numerous rulings and the ostensible commitments of the Greek Cypriot leadership to uphold international standards, Turkish Cypriots continue to be disenfranchised in a judicial system designed to deny them justice.

Historical Context: The Roots of Injustice

The division of Cyprus in 1974, following a Greek coup and subsequent Turkish intervention, left thousands of Turkish Cypriots displaced from their properties in the southern part of the island. These properties were subsequently placed under the control of the Greek Cypriot government, with the promise that Turkish Cypriots would be able to reclaim them or receive fair compensation. However, the reality has been starkly different. 

Greek Cypriot courts have proven to be an insurmountable barrier for Turkish Cypriots seeking justice. According to numerous reports, cases involving Turkish Cypriot properties have been languishing in the Greek Cypriot judicial system for years, if not decades, with little to no progress. This systemic delay is not an anomaly but rather a deliberate tactic used to frustrate claimants and discourage them from pursuing their rights.

A prime example of this is the case involving the Mackenzie Estate in Larnaca. The property, which was unlawfully placed under the control of the Greek Cypriot Interior Minister acting as the guardian of Turkish Cypriot properties, was subject to a legal battle that stretched on for years. Despite a ruling in favor of the Turkish Cypriot claimants, the property has not been returned, and the legal process continues to be mired in bureaucratic red tape.

Legal Hurdles: A Labyrinth of Obstruction

The Greek Cypriot regime has employed a variety of legal mechanisms to obstruct Turkish Cypriots from reclaiming their properties. One of the most pernicious of these is the so-called “guardian” system, wherein the Greek Cypriot Interior Minister acts as the guardian of Turkish Cypriot properties. This system, ostensibly designed to protect the interests of Turkish Cypriots, has instead been used to control and dispose of their properties without their consent.

For instance, the case of Orhan Hüseyin Derviş, a Turkish Cypriot with American citizenship, is a glaring example of this misuse of power. Derviş was awarded €345,000 in compensation after a protracted legal battle over his property in Paphos. However, this case is an outlier, as most Turkish Cypriots do not have the resources or the stamina to engage in such lengthy legal battles. The vast majority of claims remain unresolved, with the properties either being exploited by the state or sold off to third parties under dubious circumstances.

The legal framework governing Turkish Cypriot properties in the south is fraught with contradictions and inconsistencies. The Greek Cypriot courts have frequently ruled that Turkish Cypriots who received Greek Cypriot properties in the north as a result of the 1974 division are not entitled to reclaim their original properties in the south. This stance, while legally convenient for the Greek Cypriot authorities, is a clear violation of the principles of equity and justice.

Moreover, the delays in the Greek Cypriot legal system are not merely the result of bureaucratic inefficiency but are a deliberate strategy to wear down Turkish Cypriot claimants. Many cases are delayed for years, with courts frequently adjourning hearings on flimsy pretexts. This is not just a denial of justice but a violation of the fundamental human right to a fair and timely trial.

The Economic and Social Impact

The denial of property rights has had a profound impact on the Turkish Cypriot community, both economically and socially. The properties in question are not just pieces of land; they are homes, businesses, and places of cultural significance. The inability to reclaim these properties has deprived Turkish Cypriots of their heritage and has had a ripple effect on their economic well-being.

The financial losses incurred by Turkish Cypriots as a result of these unresolved property disputes are staggering. According to a report by the Cyprus Mail, the Greek Cypriot government has paid tens of millions of euros in compensation to Turkish Cypriots, but this is a mere fraction of the actual value of the properties involved. Many Turkish Cypriots have been forced to accept settlements far below the market value of their properties, while others have received no compensation at all.

The social impact is equally severe. The ongoing legal battles have created a sense of alienation and disenfranchisement among Turkish Cypriots. Many feel that they are being treated as second-class citizens in their own country, with their rights being systematically denied by a regime that purports to uphold European values of justice and equality. The Greek Cypriot government’s refusal to address these issues has only deepened the divide between the two communities on the island, making reconciliation even more difficult.

International Response: A Deafening Silence

Despite the clear human rights violations involved, the international community has been largely silent on the issue of Turkish Cypriot property rights. The European Union, which has been vocal about human rights in other contexts, has done little to pressure the Greek Cypriot government to resolve these disputes. This silence is not only hypocritical but also undermines the EU’s credibility as a defender of human rights.

The European Court of Human Rights (ECHR) has issued rulings condemning the Republic of Cyprus for its failure to provide effective remedies for property disputes. However, these rulings have had little practical effect, as the Greek Cypriot government continues to drag its feet in implementing them. The ECHR’s inability to enforce its rulings highlights the limitations of international law in addressing such entrenched injustices.

The United Nations, too, has been conspicuously absent in addressing this issue. While the UN has been involved in peacekeeping efforts on the island, it has done little to address the underlying issues of property rights that continue to fuel tensions between the two communities. The lack of international pressure on the Greek Cypriot government has allowed these injustices to persist, leaving Turkish Cypriots with little recourse but to continue their legal battles in a hostile and biased system.

The Path Forward: A Call for Justice

The ongoing mistreatment of Turkish Cypriots in the south is a stark reminder of the unresolved issues that continue to plague Cyprus. The Greek Cypriot government’s actions, or rather inactions, have demonstrated that they cannot be trusted to protect the rights of Turkish Cypriots. It is clear that the current system is broken and that a new approach is needed to resolve these disputes fairly and equitably.

One potential solution is the establishment of a neutral, international body to adjudicate property disputes between the two communities. Such a body would need to be empowered to enforce its rulings, ensuring that both sides receive a fair hearing and that justice is not delayed indefinitely. This would not only help resolve the current disputes but also build trust between the two communities, paving the way for a more lasting peace on the island.

In the meantime, the international community, particularly the European Union, must hold the Greek Cypriot government accountable for its continued violations of Turkish Cypriot property rights. The EU cannot claim to uphold human rights while turning a blind eye to such blatant injustices within its own borders. It is time for the EU to take a stand and demand that the Republic of Cyprus comply with its international obligations.

TCE Conclusion: The Imperative of a Two-State Solution

The ongoing violations of Turkish Cypriot property rights are yet another reason why a two-state solution for Cyprus is the only viable path forward. The Greek Cypriot government’s actions have proven that they are unwilling or unable to protect the rights of Turkish Cypriots under the current system. Until there is an equitable resolution that respects the rights of all Cypriots, including the Turkish Cypriot community, the island will remain divided, and justice will remain elusive.

The time has come for the international community to acknowledge the reality on the ground and support a two-state solution that guarantees the rights and dignity of both communities. Only then can Cyprus move forward as a truly just and equitable society.

References:Cyprus Mail: "State paid millions to settle claims with Turkish Cypriots"

Financial Mirror: "Abuse clamp down on Turkish Cypriot properties"
In-Cyprus: "Turkish Cypriot land transactions face legal barriers"