''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 ...

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 transcontinental country located mainly on the Anatolian Peninsula in Western Asia, with a small portion on the Balkan Peninsula ...

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 ...

, 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 national Loizidou filed an application against

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 ...

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

(

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 ...

) which held Turkey responsible for

human rights Human rights are moral principles or 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 certain standards of hu ...

violations in the northern part of

, 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 executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other n ...

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 occupation of the island ...

. 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 Cyprus. It is located east of Nicosia and possesses the deepest harbour of the island. During the Middle Ages (especially under t ...

. * April 2008: ''Demades v. Turkey'', where Ioannis Demades was awarded damages amounting to €835,000 for loss of use of his

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 afte ...

''.

References

{{Reflist, 2

External links

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

Precedent

See also

References

External links