European court rules against Turkey in Greek property case
03 October 2009
The top European human rights court has found Turkey to be in violation of the human rights of two Greek citizens who complained that they could not inherit their sister's immovable property in Turkey on account of their nationality and because of the principle of reciprocity between Greece and Turkey.
The properties in question were three apartment blocks left to Ioannis Fokas and Evangelos Fokas, two brothers from Katerini in Macedonia, Greece, by their late sister, Polikseni Pistika, who had lived in Istanbul.
The applicants complained that they had been deprived of their right to the peaceful enjoyment of their possessions as a result of the national authorities' refusal to recognize them as the legal heirs in respect to the immovable property which had been owned by Pistika, their sister. They further alleged that they had been discriminated against on the basis of their ethnic origin and religious convictions.
In its ruling delivered earlier this week, the European Court of Human Rights eventually decided that Turkey had violated Article 1 of Protocol No. 1 of the European Convention on Human Rights, which covers the right to protection of property.
In a written statement swiftly released on Tuesday, the day when the ruling when was announced, Greek Foreign Minister Dora Bakoyannis welcomed the decision.
“This judgment establishes the right of Greek citizens to inherit immovable property in İstanbul and opens the way for a positive outcome in other, similar cases involving immovable property in İstanbul,” Bakoyannis said. “It is to be noted that this case concerned the matter of Greek citizens whose right to inherit immovable property in İstanbul was not recognized by Turkey.”
English-language daily the Cyprus Mail, meanwhile, noted that the two plaintiffs are also claiming 19 million euros in damages from the Turkish government for being deprived of the use of their property. If the Turkish government refuses to pay this amount, there is a second claim for 5.5 million euros, the equivalent to the estimated value of the property, the daily said.
Source: Today’s Zaman
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