{{Short description|European court case}} {{italic title}}{{Infobox European case|short_name=Loizidou v. Turkey|court=[[European Court of Human Rights]]|Outcome=|Ruling=Violation of Article 1 of Protocol 1 to the [[European Convention on Human Rights]]|DecideDate=18 December|DecideYear=1996|FullName=''Loizidou v. Turkey''|Language=[[English language|English]]|Nationality=[[Cypriot people|Cypriot]]<br>[[Turkish people|Turkish]]|Chamber=[[Grand Chamber of the European Court of Human Rights|Grand Chamber]]|JudgePresident=Rolv Ryssdal|Judge1=Rudolf Bernhardt|Judge2=Feyyaz Gölcüklü|Judge3=Louis-Edmond Pettiti|Judge4=Brian Walsh|Judge4Link=Brian Walsh (judge)|Judge5=Alphonse Spielmann|Judge6=Sibrand Karel Martens|Judge7=Elisabeth Palm|Judge7Link=Elisabeth Palm (judge)|Judge8=Raimo Pekkanen|Judge9=Andreas Nicolas Loizou|Judge10=José María Morenilla|Judge11=András Baka|Judge12=Manuel Antonio Lopes Rocha|Judge13=Luzius Wildhaber|Judge14=Giuseppe Mifsud Bonnici|Judge15=Peter Jambrek|Judge16=Uno Lõhmus|Majority=Ryssdal|JoinMajority=Walsh, Spielmann, Martens, Palm, Pekkanen, Loizou, Morenilla, Wildhaber, Bonnici, Lõhmus|Concurrence=Wildhaber|JoinConcurrence=Ryssdal|Dissent=Bernhardt|JoinDissent=Lopes Rocha|Dissent2=Baka|Dissent3=Jambrek|Dissent4=Petitti|Dissent5=Gölcüklü|CaseNumber=40/1993/435/514}}

'''''Loizidou v. Turkey''''' is a landmark legal case regarding the rights of [[Cypriot refugees|refugees]] wishing to [[right of return|return]] to their former homes and properties.<ref>Vasilios S. Spyridakis, "Loizidou v. Turkey and the Future of Property Compensation for Refugees in Cyprus and Beyond," ''Journal of Modern Hellenism'' no. 25-26 (2008-2009), pp. 129-156.</ref>

The [[European Court of Human Rights]] ruled that Titina Loizidou, and consequently all other refugees, have the right to return to their former properties. The ECHR ruled that [[Turkey]] had violated Loizidou's human rights under Article I of Protocol I of the [[European Convention on Human Rights]],<ref>Loizidou and Cyprus (intervening) v Turkey, App No 15318/89, §64, ECHR 1996-VI</ref><ref>First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms (Council of Europe) 213 UNTS 262, UKTS 46 (1954), ETS No 9, UN Reg No I-2889, Cmd 9221, Art.1</ref> that she should be allowed to return to her home and that Turkey should pay damages to her. Turkey initially ignored this ruling.<ref>{{cite web |url=https://wcd.coe.int/wcd/ViewDoc.jsp?id=417773&Site=CM |title=H54-1 - Loizidou against Turkey, Judgments of 18 December 1996 and 28 July 1998 Application of Article 54 of the ECHR |website=[[Council of Europe]] - Human Rights Meeting |date=8–9 September 1999 |access-date=17 April 2011 }}</ref>

On 22 July 1989 a [[Cyprus|Cypriot]] national Loizidou filed an application against [[Turkey]] to the European Court of Human Rights, represented by Greek-Cypriot lawyer Achilleas Demetriades. Loizidou had been forced out of her home during [[Turkey|Turkey's]] invasion of [[Cyprus]] 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]] but was denied entry into the Turkish occupied part of Cyprus by the [[Turkish army]].

Her application resulted in three judgments by the [[European Court of Human Rights]] ([[Strasbourg]]) which held Turkey responsible for [[human rights]] violations in the northern part of [[Cyprus]], which is under overall control of the Turkish armed forces.

The [[U.S. Department of State]] commented on this case as follows:

{{quote|In 1996 the European Court of Human Rights ruled 11 to 6 that Turkey committed a continuing violation of the rights of a Greek Cypriot woman by preventing her from going to her property located in north Cyprus. The ruling reaffirmed the validity of property deeds issued prior to 1974. The Court also found in this case that "it was obvious from the large number of troops engaged in active duties in northern Cyprus that the Turkish army exercised effective overall control there. In the circumstances of the case, this entailed Turkey's responsibility for the policies and actions of the 'TRNC{{'"}}. In July the Court ordered Turkey to pay the woman approximately $915,000 in damages and costs by October 28. Initially Turkey declined to pay the damages awarded.<ref>{{cite news | title=Turkey declines to pay damages to Greek Cypriot woman | date=October 28, 1998 | work=[[BBC News]] | url=https://news.bbc.co.uk/1/hi/world/europe/203362.stm | access-date=2007-01-31 }}</ref> The Turkish Government stated that it cannot implement the Court's decision, which it contends is a political decision, and argued that the land in question is not Turkish but is part of the "Turkish Republic of Northern Cyprus". The Council of Europe (COE) during 1999 continued to call on the Turkish Government to comply with the Court's decision. In October the COE Committee of Ministers' Deputies voted to deplore Turkey's lack of compliance. A number of similar cases have been filed with the ECHR.}}

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.<ref>{{cite news | title=Turkey compensates Cyprus refugee | date=2 December 2003 | url=https://news.bbc.co.uk/1/hi/world/europe/3257880.stm | work=[[BBC News]] | access-date=2007-01-31 }}</ref>__NOTOC__

== Precedent ==

The case serves as important precedent for judgments in international courts of law regarding the [[Cyprus dispute]].<ref>{{Cite web |url=http://www.kypros.org/Occupied_Cyprus/Turkey_pays_Titina.htm |title=Turkey has finally paid Mrs. Titina Loizidou |quote=Moreover, the ruling of European Court of Human Rights (ECHR) in the case of Loizidou v. Turkey (1998) has set a legal precedent for the payment of reparations by Turkey to the Republic of Cyprus and the victims of its policy of destruction and ethnic cleansing.}}</ref><ref>{{Cite web |url=http://www.argyrou.eclipse.co.uk/Guilty.htm |title=European Court of Human Rights finds Turkey Guilty |archive-url=https://web.archive.org/web/20171130185301/http://argyrou.eclipse.co.uk/Guilty.htm |url-status=dead |archive-date=30 November 2017 |quote=Markides noted that the decision sets a "precedent" and can be characterised as a "landmark in the history of law". }}</ref><ref>{{Cite web |url=http://www.ankarabarosu.org.tr/siteler/AnkaraBarReview/tekmakale/2010-1/6.pdf |title=Property Wars in Cyprus |quote=The case has served as a precedent for dozens of cases that have been concluded in a similar fashion.}}</ref><ref>{{Cite web |url=http://www.orthodoxchristian.info/pages/cyprus2.htm |title=Loizidou v Turkey |quote=This is a landmark case, the first of its kind in Cyprus and has set the precedent for similar actions to be brought against the Turkish government.}}</ref> 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]]. * April 2008: ''Demades v. Turkey'', where Ioannis Demades was awarded damages amounting to €835,000 for loss of use of his [[Kyrenia]] property.<ref>{{cite web|url=http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=834301&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649 |title=Case of Demades vs Turkey |access-date=2010-01-03 |date=22 April 2008 |format=.doc |publisher=HUDOC. European Court of Human Rights HUDOC Portal }}</ref>

The Loizidou case was also cited in the 2001 judgment on the interstate case ''[[Cyprus v. Turkey]]''.

== See also == * ''[[Apostolides v Orams]]'' * [[Eleni Foka]] * ''[[Greek Cypriots, et al. v. TRNC and HSBC Bank USA]]'' * [[Human rights in Turkey]] * [[Human rights in Northern Cyprus]]

== References == {{Reflist|35em}}

== External links == * [http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=695797&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649 Judgment on preliminary objections (1995)] * [http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=695884&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649 Judgment on merits (1996)] * [http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=696078&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649 Judgment on just satisfaction (1998)]

[[Category:1996 in case law]] [[Category:Cyprus dispute]] [[Category:European Court of Human Rights cases decided by the Grand Chamber]] [[Category:European Court of Human Rights cases involving Turkey]] [[Category:European Court of Human Rights cases involving Cyprus]] [[Category:Article 1 of Protocol No. 1 of the European Convention on Human Rights]]