Myra Xenides- Arestis v. Turkey

XENIDES-ARESTIS v. TURKEY DECISION 5instrument, only a fee of 100,000,000 TL (one hundred million Turkish Liras) shall bepaid for each application.(2) The entry and exit in and out of the Turkish Republic of Northern Cyprus ofpersons, their legal representatives and agents applying to the Commission with aclaim in virtue of the application of this Law, as well as of any person to be heard ontheir behalf, shall be free.Production of Documents to the Commission5. For Commission procedures specified in this Law, original documents, or copiesof documents certified by a certifying officer for purposes of control together with theoriginal documents which the parties wish to submit may be produced or filed with theCommission by the parties.Burden of Proof and Factors as Basis of Decision6. In proceedings before the Commission the burden of poof shall rest with theapplicant who must satisfy the Commission as to the following in order that a decisionmay be taken in his favour:(1) The immovable property in respect of which legal rights are claimed is or can beno other than that claimed in the petition.(2) The immovable property to which the applicant claims legal rights wasregistered in his name before 20 July 1974 and/or he is the legal heir of the person inwhose name the immovable property was so registered.(3) There are no entitled persons according to the Land Registry records other thanthose claiming legal rights under this Law.(4) Compensation to be paid to the entitled person represents the total of the marketvalue of the immovable property on 20 July 1974 together with compensation for lossof use.(5) The immovable property in respect of which legal rights are claimed was notsubject to a mortgage and/or to any charge or restraint imposed by virtue of ajudgment or order of a competent court before 20 July 1974, if otherwise, it must beclearly stated in whose favour such liabilities are, the amount of debt and the rate ofinterest, the date on which the debt has been incurred and the amount, and if partpayment has been made the date and amount thereof.Respondent Party to Applications7. The respondent party to applications to be lodged under this Law may be theMinistry and/or the Office of the Attorney-General representing the Ministry.