The Loizidou case: A critical examination.

New Turkish Paperback. Roy. 8vo. (24 x 17 cm). In English. 48 p. The Loizidou case: A critical examination. This article is a critical examination of the judgement of the European Court of Human Rights in the Loizidou case, delivered on 18 December 1996, relating to complaints of violation of applicant's rights to her possessions in Kyrenia (Girne) in North Cyprus. The Court found that the prevention of the applicant, a Greek Cypriot living in South Cyprus, from having access to her property in North Cyprus amounted to a violation of her right to possessions. The incident happened during a demonstration by a Greek Cypriot women's group. The applicant was arrested by the Turkish Cypriot police after she violated the United Nations (UN)-controlled buffer-zone and the borders of the Turkish Republic of Northern Cyprus (TRNC). The applicant complained to the European Commission of Human Rights against her arrest and argued that her right to possessions was violated as she was not allowed access to her property. The Commission did not accept her complaints. However, the European Court of Human Rights reversed the finding of the Commission relating to allegation of violation of the right to possessions. The Court wrongly attributed responsibility to Turkey, having failed to take into consideration the political and legal status of the Turkish Cypriot people and the exercise of substantial jurisdiction by the authorities of the TRNC. Moreover, the Court dealt with the right to possessions in isolation of the political situation in the Island. In doing so the Court ignored completely the status of the UN-controlled buffer-zone, and decided the case in isolation of the talks between the Turkish Cypriots and Greek Cypriots and the principles agreed upon in that context. The judgement undermines the principle of "bi-zonality" and therefore, constitutes a set-back to efforts to reach an agreed and peaceful settlement in the Island.