GUIDE TO TURKISH REPUBLIC OF NORTHERN CYPRUS LEGAL SYSTEM
HASIPOGLU AKBILEN & PARTNERS LAW OFFICE, ATTORNEYS AT LAW
HA & PARTNERS
HASIPOGLU AKBILEN & PARTNERS LAW OFFICE ATTORNEYS AT LAW
GUIDE TO
TRNC IMMOVABLE PROPERTY COMMISSION
HA & Partners Law Office …
The Guide is prepared to give general information on Turkish Republic of Northern Cyprus Legal System and practice by Hasipoglu Akbilen & Partners Law Office and it does not constitute legal advice or a legal opinion.
INSIDE THE GUIDE
1. Introduction to the Immovable Property Commission ………………...
2. How the Commission Operates...... ………………………..
3. How to apply……………………………………………………………
4. How we can help………………………………… …..…………………
Section 1: INTRODUCTION
Section 2: HOW THE IPC OPERATES
The Immovable Property Commission
Following the ruling on the case of Demopoulos vs .Turkey and 7 other cases the European Court of Human Rights on 5 March 2010, the Court upheld that the Immovable Property Commission in North Cyprus was an accessible and effective local remedy for all persons seeking redress and therefore an appropriate forum for deciding on complex matters of property ownership and valuation and assessing financial compensation.
The Commission was set up under the Immovable Property Law (number 67/2005) in accordance with the rulings of the European Court of Human Rights in the case of Xenides-Arestis v. Turkey. The purpose of the Commission is to establish an effective domestic remedy for claims relating to abandoned properties in Northern Cyprus after the troubles in 1974. The Commission officially began its activities on 17 March 2006.
Hearing and making a decision
All natural or legal persons claiming rights to movable and immovable properties may bring a claim by way of an application in person or through a legal representative, to the Immovable Property Commission requesting restitution, exchange or compensation for such property.
Once the application is submitted, it will be served on the Ministry for Housing Affairs
within 21 working days. The Ministry must then respond, giving its opinion, within
30 working days of service.
Following the submission of the opinion of the Ministry, the Commission may call a
meeting to give directions in relation to further detail or documents required and
whether a site inspection will be carried out.
The Commission has the power, should it deem appropriate, to call and hear witnesses.
Decisions of the Commission are taken on a simple majority basis with a quorum of 2/3 of the total number of members. The Commission must announce a decision within 3 months. However, the writing of the reasoned decision may be extended by up to 6 months in some circumstances.
Once the Commission has reached a decision, the Ministry will issue the applicant with an offer of a ‘Friendly Settlement’ setting out the terms of the settlement offer. The applicant must respond to this within 1 month. If the applicant accepts the offer, the Friendly Settlement will be signed and executed. If the applicant rejects the offer, a notice of disagreement will be issued. If no settlement can be reached, the applicant has the right to appeal to the High Administrative Court and then, ultimately to the ECHR.
Remedies
The Commission, after having heard the arguments of the parties and having examined the documents submitted shall decide as to
· restitution of the immovable property to the person whose right in respect to the property has been established, or
· to offer exchange of the property to the said person, or
· decide as to payment of compensation, or
· where the applicant claims compensation for loss of use and/or non-pecuniary damages in addition to restitution, exchange or compensation in return for immovable property.
To date there has been 459 applications lodged before the Commission, 95 have been concluded through friendly settlement and four cases through formal hearings. The Commission has awarded exchange and compensation in two cases, restitution in one case and restitution and compensation in five cases. The Commission has paid GBP 40,191,100 to the applicants as compensation.
The Commission has resulted in thousands of people enjoying a fair, fast and cost effective local remedy to their property dispute rather than making applications direct to the European Court of Human Rights which can be very time consuming and expensive.
Right of Appeal
Parties who are not satisfied with the decision of the Commission have the right to apply to the High Administrative Court. If the applicant is not satisfied with the judgment of the High Administrative Court, he may then lodge an application before the European Court of Human Rights but this can be a rather long and expensive process and the Court may uphold the decision of the Commission.
Application procedure
In proceedings bought before the Commissions the burden of proof rests with the applicant who must satisfy the Commission beyond any reasonable doubt as to their rights to the property in order for a decision to be taken in his favour.
Making an application to the Commission can be a complicated matter requiring professional assistance and guidance. To obtain fast and effective remedies to your property disputes it is recommended to use the services of a legal representative based in Northern Cyprus.
Section 3: HOW TO APPLY
Section 4: HOW WE CAN HELP
At HA & Partners we have gained vast experience in making applications to the Commission, settling property disputes and representing parties at the High Administrative Court.
At HA & Partners we have assisted thousands of people to achieve a fair, fast and cost effective local remedy to their property dispute. Why wait and worry for a perfect solution let our team of professional advocates and advisors help you to claim what’s rightfully yours.
HASIPOGLU AKBILEN & PARTNERS LAW OFFICE CONTACT DETAILS
Hasipoglu Akbilen & Partners Law Office Hasipoglu & Akbilen Law Office
8
17 Namık Kemal Str., Kyrenia, Mersin 10, Turkey Tel: 0392-444-84-85 Fax: 0392-815–72-56
GUIDE TO TURKISH REPUBLIC OF NORTHERN CYPRUS LEGAL SYSTEM
HASIPOGLU AKBILEN & PARTNERS LAW OFFICE, ATTORNEYS AT LAW
Kyrenia Office
17 Namik Kemal Street
Kyrenia
North Cyprus
Telephone No.: + 90 392 444 84 85
Fax No.: + 90 392 815 72 56
Nicosia Office
19 Mahmutpasha Street
Nicosia
North Cyprus
Telephone No.: + 90 392 227 26 20
Fax No.: + 90 392 228 5771
8
17 Namık Kemal Str., Kyrenia, Mersin 10, Turkey Tel: 0392-444-84-85 Fax: 0392-815–72-56
GUIDE TO TURKISH REPUBLIC OF NORTHERN CYPRUS LEGAL SYSTEM
HASIPOGLU AKBILEN & PARTNERS LAW OFFICE, ATTORNEYS AT LAW
Mustafa Akbilen (Partner)
E-mail:
Oguzhan Hasipoglu (Partner)
E-mail:
Mary Ozkarsulu
E-mail:
Information:
Web: www.lawyercyprus.com
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