Myra Xenides- Arestis v. Turkey

10 XENIDES-ARESTIS v. TURKEY DECISIONNon-prevention of Proceedings under Certain Laws20. Nothing in this Law shall prevent any proceedings to be carried out under theprovisions of the Requisition of Property Law of 1962, and the CompulsoryAcquisition of Property Law of 1962.Execution of the Law21. This Law shall be executed by the Ministry Responsible for Housing Affairs onbehalf of the Council of Ministers.Entry into force22. This Law shall enter into force upon its publication in the Official Gazette.”COMPLAINTSThe applicant complains of a continuing violation of her rights underArticles 8 of the Convention and 1 of Protocol No. 1 that since August 1974she has been deprived of her property rights, all her property being locatedin the fenced-up area of Famagusta which is under the occupation and thecontrol of the Turkish military forces. She maintains that the latter preventher from having access to, from using and enjoying her home and property.She submits that this is due to the fact that she is Orthodox and of Greek-Cypriot origin, contrary to Article 14 of the Convention.THE LAWThe applicant complains of a continuing violation of her rights underArticles 8 of the Convention and 1 of Protocol No. 1, taken alone and inconjunction with Article 14 of the Convention.The relevant provisions read as follows:Article 8 of the Convention“1. Everyone has the right to respect for his private and family life, his home andhis correspondence.2. There shall be no interference by a public authority with the exercise of this rightexcept such as is in accordance with the law and is necessary in a democratic societyin the interests of national security, public safety or the economic well-being of thecountry, for the prevention of disorder or crime, for the protection of health or morals,or for the protection of the rights and freedoms of others.”