CEDH · PRESS;HEARINGS;ENG — 2 septembre 2004

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .s61E420C2 { font-family:Arial; font-variant:small-caps } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .sCB55C12D { width:33.29pt; text-indent:0pt; display:inline-block } .s8BFC8C5A { margin-top:0pt; margin-left:108pt; margin-bottom:0pt; text-indent:-85.05pt } .sFED97BC8 { width:62.1pt; text-indent:0pt; display:inline-block } .sE926D4E4 { width:22.95pt; text-indent:0pt; display:inline-block } .sADCA57D5 { width:31.96pt; text-indent:0pt; display:inline-block } .sBF401EEE { width:32.35pt; text-indent:0pt; display:inline-block } .s9F8EB0C0 { width:18.63pt; display:inline-block } .s9E97F54A { width:85.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .s4B8D41EE { font-family:Arial; font-size:10pt }   EUROPEAN COURT OF HUMAN RIGHTS   407 2.9.2004   Press release issued by the Registrar   CHAMBER HEARING XENIDES-ARESTIS v. TURKEY     The European Court of Human Rights is holding a Chamber hearing today, Thursday, 2   September 2004 at 9.30 a.m., on the admissibility in the case of: Xenides-Arestis v. Turkey (application no. 46347/99).   The applicant   The applicant, Myra Xenides-Arestis, was born in 1945 and is a Cypriot national of Greek-Cypriot origin. She lives in Nicosia.   Summary of the facts   The applicant claims to own half a share in a plot of land in the area of Ayios Memnon, in Famagusta (Northern Cyprus), which was given to her by her mother. There are a shop, a flat and three houses on the land. She maintains that one of the houses was her home, where she lived with her husband and children, and that the rest of the property was either used by members of the family or rented out. She also states that she owns part of a plot of land with an orchard.   The applicant maintains that she has been prevented from living in her home or using her property since August 1974,   as a result of the continuing division of Cyprus since the conduct of military operations in northern Cyprus by Turkey in July and August 1974.   On 30 June 2003 the “Parliament of the Turkish Republic of Northern Cyprus” enacted the “Law on Compensation for Immovable Properties Located within the Boundaries of the Turkish Republic of Northern Cyprus”. A commission was set up under this “law” with a mandate to deal with compensation claims.   The United Nation’s plan for the reunification of Cyprus (the Foundation Agreement – Settlement Plan) was put to the vote in Cyprus on 24 April 2004, with two separate referendums being held for the Greek-Cypriot and Turkish-Cypriot communities. However, the plan was rejected in the Greek-Cypriot referendum and did not, therefore, enter into force.   Complaints   The applicant complains of a continuing violation of her rights under Articles 8 (right to respect for home) and of Article 1 of Protocol No. 1 (protection of property) of the European Convention on Human Rights in that, since August 1974, she has been deprived of her right to property and her home. She also maintains that Turkish military forces prevent her from having access to, from using and enjoying her home and property because she is Greek Orthodox and of Greek-Cypriot origin, in violation of Article 14 (prohibition of discrimination) of the Convention.   Procedure   The application was lodged with the European Court of Human Rights on 4 November 1998.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Georg Ress (German), President , Ireneu Cabral Barreto (Portuguese), Lucius Caflisch (Swiss) [1] , Riza Türmen (Turkish), John Hedigan (Irish), Kristaq Traja (Albanian), Alvina Gyulumyan (Armenian), judges , Boštjan Zupančič (Slovenian) , Margarita Tsatsa-Nikolovska (Macedonian) , Hanne Sophie Greve (Norwegian) , substitute judges , and also Vincent Berger , Section Registrar .   Representatives of the parties   Cypriot Government:   Solon Nikitas , Agent,     Lord Lester of Herne Hill, Stella Mary Joannides , Shaheed Fatima , Mary-Anne Stavrinides , Counsel .   Turkish Government:   Zaim Necatigil , Agent,     Elihu Lauterpacht, Daniel Bethlehem, Penelope Nevill , Ruşen Ergeç , Counsel,     Ertuğrul Apakan , Duray Polat, Münci Özmen, Meltem Gülşen, İlkay Kocayiğit, Advisers.   Applicant:     Achilleas Demetriades , Ian Brownlie , Joanna Loizidou , Counsel .     After the hearing the Court will begin its deliberations, which are held in private. A decision on admissibility will be delivered at a later date.     ***   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site. [1] Judge in respect of Liechtenstein.