European Convention on Human Rights - exhaustion of domestic remedies - effectiveness of domestic remedies

摘要

The applicants in Demopoulos v. Turkey, all Cypriot nationals of Greek Cypriot origin, claimed to own immovable property in the northern part of Cyprus. They complained mainly under Article 1 of Protocol 1 to the European Convention on Human Rights (Convention) that they had been deprived of their property in northern Cyprus, which is under the control of the Turkish Republic of Northern Cyprus (TRNC). None of the applicants had made an application to the Immovable Property Commission (IPC) for restitution or, compensation in respect of their property. The IPC, established pursuant to Law 67/2005 enacted by the TRNC Parliament, can examine and reach decisions on applications brought by all natural and legal persons claiming rights to immovable or movable property in northern Cyprus. The Grand Chamber of the European Court of Human Rights held that (1) the IPC procedure may be regarded as part of the domestic remedies of Turkey, and (2) the IPC provides accessible and effective redress to Greek Cypriots for violations of their property rights. The Court accordingly rejected the present applications for nonexhaustion of domestic remedies.