ECHR Rules on IPC in Case of KV Mediterranean Tours Ltd v. Türkiye
In a significant judgment involving property claims in Cyprus, the European Court of Human Rights (ECtHR) has issued a ruling in the case of K.V. Mediterranean Tours Limited v. Türkiye, highlighting both the legal standing of the Immovable Property Commission (IPC) in Northern Cyprus.
Background of the Case
K.V. Mediterranean Tours Ltd, a Cypriot company, had sought redress over a ten-floor seaside apartment block located in the fenced-off area of Varosha, Famagusta, which has remained inaccessible since 1974. Initially, in 2005, the company had approached the ECtHR directly, but the case was dismissed following the Demopoulos v. Turkey decision, in which the Court recognized the IPC as an effective domestic remedy for property-related claims in the north.
Subsequently, the company filed an application with the IPC in 2010, seeking compensation for the loss of use of its property. However, due to prolonged delays in the proceedings and limited progress in the resolution of the claim, K.V. Mediterranean Tours re-applied to the ECtHR in 2017, after exhausting available legal avenues in the north.
The ECHR’s Findings
While the Court reaffirmed the IPC's status as a legitimate domestic remedy, it found that the lengthy delay in handling the application amounted to a violation of Article 1 of Protocol No. 1 of the European Convention on Human Rights, which protects the right to peaceful enjoyment of one’s possessions.
As a result, Turkey was ordered to pay compensation for moral damages to be determined following submissions by both parties within a three-month period. The ruling will become final unless either side refers the case to the 17-judge Grand Chamber of the Court during this period.
Legal and Political Significance
This ruling adds to a series of decisions, including the landmark Titina Loizidou and Xenides-Arestis cases, where the ECtHR has held Turkey accountable for the consequences of property deprivation in Northern Cyprus.
The judgment underscores that, while the IPC remains the designated mechanism for addressing displaced property claims, delays in its procedures may constitute violations of human rights, particularly when legal remedies are not delivered within a reasonable timeframe.
Looking Ahead
K.V. Mediterranean Tours Ltd is now focusing on the amount of compensation to be awarded and on preserving its right to return to the property, pending the finalization of the ECtHR's ruling. The outcome will likely influence the approach of other displaced property owners with similar claims—especially those related to Varosha—and may exert further pressure for reform within the IPC to ensure more timely and effective remedies.
This article has been prepared by Sertbay Law Firm.
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