Cyprus’ attorney-general’s office has issued a statement responding to the European court of human rights (ECHR) ruling on the long-running property rights case involving a British citizen whose home was used by the UN peacekeeping forces in the buffer zone. The statement, released today, criticises the national courts for failing to assess the proportionality of the state’s actions in this case, which ultimately led to a violation of the applicant’s property rights.

The attorney-general’s office underlined that while the use of the property served the public interest of maintaining peace and security, the national courts failed to adequately weigh the balance between the state’s actions and the homeowner’s rights. It was emphasised that this omission constituted a breach of the applicant’s rights under the European convention on human rights.

The case revolves around Maryanne Ioannides, a British citizen who inherited a property in Nicosia in 1973. After the Turkish invasion in 1974, her property became part of the UN-controlled buffer zone, isolating her from the house. 

In 2001, the Cyprus government allowed the UN peacekeeping forces to use the property without consulting Ioannides, claiming it had no rental value due to its location. However, she did not receive compensation or rent for the use of her property, and her claims for compensation in Cypriot courts were dismissed. The Supreme court ruled that the state did not control the buffer zone and was, therefore, not obliged to pay.

The ECHR, in its ruling earlier this week, acknowledged Cyprus’ security concerns but found that the national courts had failed to properly assess whether the state had adequately balanced the public interest against Ioannides’ property rights. The court ruled that the state should have provided compensation for the property’s use by the UN forces and awarded Ioannides €10,000 in damages and €12,000 in legal costs.

The court also criticised the Cypriot courts for not considering whether Ioannides had given consent for her property to be used, a key element in the balance between public and private rights. It was noted that while the use of her property by the UN was deemed to serve a public interest, the failure to properly assess the proportionality of this intervention left Ioannides without adequate recourse.