The European court of human rights (ECHR) has delivered a landmark ruling against Cyprus, finding that the state violated property rights by failing to compensate a homeowner whose property has been used by UN peacekeeping forces for over two decades.
The court acknowledged Cyprus’ argument for restricting access to the site due to security concerns but ruled unanimously that the government should have provided fair compensation.
At the heart of the case is Maryanne Ioannides, a British citizen who inherited a house in Nicosia in 1973. Following the 1974 Turkish invasion, her property became part of the UN-controlled buffer zone, cutting her off from the property.
In 2001, Cypriot authorities permitted UN peacekeepers to utilise the property without consulting her, justifying the decision by claiming the house had no rental value due to its location. Ioannides pursued compensation in the Cypriot courts, but her claims were dismissed, with the supreme court ruling that the state did not control the buffer zone and therefore had no obligation to pay.
The ECHR’s ruling delivered a nuanced verdict. The court supported Cyprus’ claim that security concerns necessitated restricting access to the buffer zone and concluded that such measures did not breach Ioannides’ rights.
However, it unanimously determined that the government retained enough regulatory authority over the area to compensate her for the property’s use. The court emphasised that the state’s refusal to pay rent for over two decades imposed an undue burden on the homeowner, breaching her fundamental property rights.
The judgment also criticised Cypriot courts for failing to assess whether Ioannides had given her consent to the property’s use. It stressed the importance of balancing public interest with individual property rights, even in regions with limited state oversight. As part of its ruling, the ECHR awarded Ioannides €10,000 in damages and an additional €12,000 in legal costs.
This decision highlights the ongoing challenges linked to the island’s division since 1974, with the buffer zone remaining a symbol of unresolved disputes and humanitarian concerns.
For many property owners affected by similar circumstances, this ruling could pave the way for further claims, potentially reshaping the way authorities address such cases in the future.
While the judgment is not yet final, it marks a critical turning point for property rights in Cyprus, reminding states of their obligations to uphold fundamental rights, even in complex and politically sensitive environments. As the implications of this case unfold, it adds yet another layer to the intricate legal and human story of the island’s division.
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