The immovable property commission (IPC) in the north of the island is irrelevant to the judgments of the European Court of Human Rights (ECHR) in the Xenides-Arestis group of cases, according to Professor Andreas Orphanides, one of the applicants.
In a letter to the Committee of Ministers of the Council of Europe, ahead of its next meeting on June 4-6, Orphanides said Court judgements are unconditionally executed by the respondent government under the supervision of the Committee and there is no obligation on the applicant to apply to obtain redress from any other party or body of the respondent government, such as the IPC.
He said that apart from the already demonstrated ineffectiveness of the IPC, the commission was established as a domestic remedy prior to the admissibility of applications to the ECHR, and by no means was it meant to be involved with the final judgements of the Court.
Therefore, the IPC is irrelevant to the ECHR judgements, he added.
Orphanides has requested that the Committee of Ministers takes stronger and more effective action for the immediate and unconditional execution of the judgment and the damages awarded by the Court, in 2009 and 2010 respectively. He requests the immediate restoration of possession of his home and property and stressed that the damages awarded were not for the expropriation of his property.
He requested that the Committee of Ministers adopt an interim resolution, which would indicate, among others, that there were strong and negative consequences for a member state that breaches the Convention and violates the statute of the Council of Europe.