Abstract
This article examines the jurisprudence of the European Court of Human Rights, in order to assess the effectiveness of the remedies provided and procedures followed by the Immovable Property Commission (henceforth, IPC), a mechanism that was established by Turkey in order to remedy displaced Greek Cypriots. It recommends changes for the improvement of the IPC and argues that with their adoption, the Commission could act as a blueprint for the establishment of similar remedying bodies in other frozen conflicts as well. Such institutions are not only important in terms of states’ compliance with their human rights obligations, but can also contribute to the resolution of the underlying conflict itself.
Highlights
Over the last decades, the European Court of Human Rights (ECtHR or Court) has adjudicated a number of cases where applicants, who have been forcibly displaced from their properties as a result of violent conflict, seek a remedy for the violation of their rights.[1]
This article examines the jurisprudence of the European Court of Human Rights, in order to assess the effectiveness of the remedies provided and procedures followed by the Immovable Property Commission (IPC), a mechanism that was established by Turkey in order to remedy displaced Greek Cypriots
Several such frozen conflicts exist in Europe and so far, the Court has dealt with cases relating to forced displacement in two of them – Cyprus and Nagorno-Karabakh
Summary
The European Court of Human Rights (ECtHR or Court) has adjudicated a number of cases where applicants, who have been forcibly displaced from their properties as a result of violent conflict, seek a remedy for the violation of their rights.[1] This jurisprudence has been influential in those societies which, years after the ceasefire that ended the violence, are still divided by ‘frozen conflicts’ not yet resolved through comprehensive peace agreements. Drawing lessons from the experiences of the IPC, the ECtHR’s case law and other key international policy documents, the article seeks to provide guidelines for the establishment and operation of such remedying bodies These guidelines could be useful, to the governments of Armenia and Azerbaijan that are currently under an obligation to comply with the ECtHR’s Chiragov/Sargysian judgments, and to other countries affected by frozen conflicts in Europe and elsewhere. If the negotiations are successful, the experiences of the IPC could provide useful insights for the establishment of a new body that, once and for all, will afford a remedy to everyone who has been displaced by the conflict on the island
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