THE CYPRUS PROBLEM AND THE FENCED-OFF VAROSHA: AN ANALYSIS OF THE JUDGMENTS TO DATE

Abstract

Negotiations continuing for more than forty-five years under the auspices of the United Nations (UN) in resolving Cyprus problem have to date ended without agreement. The property dispute has been one of the aspects of the problem. The Immovable Property Commission (IPC) established in the north to examine claims of Greek Cypriots who abandoned their properties has been a development in this regard. In this respect, the properties remaining in the fenced-off area of Varosha deserve a separate analysis. The area has been a military zone since the Turkish military intervention of 1974. The UN Security Council Resolutions 550 (1984) and 789 (1992) state that it should be transferred to the administration of the United Nations for resettlement of its inhabitants. Following the Turkish initiative in 2020 to demilitarize and open the area up for its original inhabitants, the political implications of this move have been subject of various discussions. However, this article attempts to shed light upon upon the domestic decisions and judgments in relation to properties remaining in this area and the implications these might have on the Greek Cypriots property rights. The question is whether and how, the initiative by the Turkish authorities on one hand, and the approach by the IPC on the other hand could impact the prospect of Greek Cypriot claims before the European Court of Human Rights.