Case of European Court of Human Rights, September 22, 2009 (case CASE OF HAPESHIS AND HAPESHI-MICHAELIDOU v. TURKEY)

Appeal Nbr: 35214/97

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Case of European Court of Human Rights, September 22, 2009 (case CASE OF HAPESHIS AND HAPESHI-MICHAELIDOU v. TURKEY)

FOURTH SECTION

CASE OF HAPESHIS AND HAPESHI-MICHAELIDOU v. TURKEY

(Application no. 35214/97)

JUDGMENT

(merits)

STRASBOURG

22 September 2009

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Hapeshis and Hapeshi-Michaelidou v. Turkey,

The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:

Nicolas Bratza, President,

Lech Garlicki,

Ljiljana Mijović,

David Thór Björgvinsson,

Ján Šikuta,

Päivi Hirvelä,

Işıl Karakaş, judges,

and Fatoş Aracı, Deputy Section Registrar,

Having deliberated in private on 1 September 2009,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (no. 35214/97) against the Republic of Turkey lodged with the European Commission of Human Rights ("the Commission") under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by two Cypriot nationals, Mr Michael P. Hapeshis and Mrs Maria Hapeshi-Michaelidou ("the applicants"), on 10 January 1997.

2. The applicants were represented by Mr M. Triantafillides, Mr K. Chrysostomides and Mr C. Clerides, three lawyers practising in Nicosia. The Turkish Government ("the Government") were represented by their Agent, Mr Z.M. Necatigil.

3. The applicants alleged that the Turkish occupation of the northern part of Cyprus had deprived them of their home and properties.

4. The application was transmitted to the Co...

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