CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 29 août 1994

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                          AS TO THE ADMISSIBILITY OF                         Application No. 19900/92                       by Phanos EPIPHANIOU and 8 others                       against Turkey         The European Commission of Human Rights sitting in private on 29 August 1994, the following members being present:              MM.    C.A. NØRGAARD, President                  S. TRECHSEL                  A. WEITZEL                  F. ERMACORA                  E. BUSUTTIL                  G. JÖRUNDSSON                  A.S. GÖZÜBÜYÜK                  J.-C. SOYER                  H.G. SCHERMERS                  H. DANELIUS            Mrs.   G.H. THUNE            MM.    F. MARTINEZ                  C.L. ROZAKIS            Mrs.   J. LIDDY            MM.    L. LOUCAIDES                  J.-C. GEUS                  M.P. PELLONPÄÄ                  B. MARXER                  M.A. NOWICKI                  I. CABRAL BARRETO                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  J. MUCHA                  E. KONSTANTINOV                  D. SVÁBY              Mr.    H.C. KRÜGER, Secretary to the Commission           Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;         Having regard to the application introduced on 26 January 1990 by Phanos EPIPHANIOU and 8 others against Turkey and registered on 27 April 1992 under file No. 19900/92;         Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;         Having deliberated;         Decides as follows:   THE FACTS         The 9 applicants (see Annex) are Cypriot citizens, born and formerly domiciled in Famagusta, northern Cyprus, where Turkish military forces have been stationed since 1974.   Until 1974 all were members of the Famagusta Municipal Council.         Before the Commission the applicants are represented by Mr. Adamos Adamides, a lawyer practising in Limassol.         The facts of the case as they have been submitted by the applicants may be summarised as follows:         The applicants state that during the invasion of July 1974 the Turkish troops evicted them from their homes and forced them to leave Famagusta and to flee to the south. Since 1974 the town of Famagusta is under Turkish military occupation.         As a result of the invasion the Turkish military authorities have occupied and used their homes and properties and have prevented them from having access to and using their houses and possessing their properties, from exercising their right to respect for their homes and from enjoying their home town and from moving freely to the town of Famagusta.         The applicants made several attempts to return to their homes and properties in Famagusta. On all occasions they were prevented by the Turkish troops from walking home. On 23 December 1989 they made a last attempt but they were not allowed through by the Turkish troops. They are continuously prevented from entering the northern part of Cyprus because of their Greek-Cypriot origin.   COMPLAINTS         The applicants allege that the facts, as stated above, disclose violations of Articles 8, 13 and 14 of the Convention, Article 1 of Protocol N° 1 and Article 2 of Protocol N° 4 to the Convention.         They state that since the invasion of the northern part of Cyprus in July 1974 on various occasions Turkey has prevented them, because of their religion and national origin, from returning to their homes and properties and moving freely to northern Cyprus, from exercising their rights to respect for their homes and to peaceful enjoyment of their possessions in breach of Articles 8, 13 and 14 of the Convention, Article 1 of Protocol N° 1 and Article 2 of Protocol N° 4.   THE LAW   1.     The applicants complain under Articles 8, 13 and 14 (Art. 8, 13, 14) of the Convention, Article 1 of Protocol No. 1 and Article 2 of Protocol No. 4 (P4-2) to the Convention of a continuing violation by Turkish authorities of the rights guaranteed by these provisions.   2.     With regard to the applicants' complaints under Article 2 of Protocol No. 4 (P4-2) to the Convention, the Commission notes that Turkey is not a Party to this Protocol.   It follows that this part of the application must be declared inadmissible under Article 27 para. 2 (Art. 27-2) as being incompatible ratione personae with the provisions of the Convention.   3.     With regard to the remainder of the application the Commission notes that similar issues are pending before the Court in the Loizidou v. Turkey case.   The Commission considers that it cannot at this stage on the basis of the file determine the admissibility of these complaints.   It finds it necessary to give notice of these complaints to the respondent Government, without asking for their observations at this stage, and to adjourn its further examination of the application pending the Court's determination of the Loizidou case.         For these reasons, the Commission, by a majority         DECLARES INADMISSIBLE the complaints under Article 2 of Protocol       No. 4 (P4-2) to the Convention;         DECIDES TO ADJOURN its examination of the remainder of the       application.   Secretary to the Commission                  President of the Commission         (H. C. KRÜGER)                               (C. A. NØRGAARD)                                    ANNEX         The applicants of the present Application, all permanent       residents of Famagusta until 1974, are as follows:   1.     Phanos EPIPHANIOU, born in 1934 in Famagusta and since 1974       resident of Nicosia, last Mayor of Famagusta.   2.     Sofi PHITIDOU, born in 1947 in Famagusta and since 1974       resident of Nicosia, Deputy Mayor.   3.     Pantelakis KYRIAKIDES, born in 1933 in Famagusta and since   1974       resident of Nicosia, Counsellor.   4.     Kleanthis STAVRI, born in 1936 in Famagusta and since 1974       resident of Nicosia, Counsellor.   5.     Andreas Boyiadjis, born in 1940 in Larnaca, permanent       resident of Famagusta and since 1974 resident of Limassol, Mayor       by rotation.   6.     Christodoulos DIMITRIADES, born in 1925 in Limassol, permanent       resident of Famagusta and since 1974 resident of Limassol,       Counsellor.   7.     Theodoros ECONOMOU, born in 1924 in Famagusta and since 1974       resident of Larnaca, Mayor by rotation.   8.     Anastassis GEORGHIOU, born in 1933 in Famagusta and since 1974       resident of Larnaca, Counsellor.   9.     Ioakeim KALLIS, born in 1943 in Famagusta and since 1974       resident of Limassol, Mayor by rotation.