u The case of Varnava and Others v. Turkey, European Court of Human Rights,10 January 2008 On 10 January 2008, the European Court of Human Rights (ECHR) delivered its judgment in the case of Varnava and Others v Turkey (Applications nos. 16064/90, 16065/90, 16066/90, 16068/90, 16069/90, 16070/90, 16071/90, 16072/90 and 16073/90) by which Turkey was found guilty of violating the rights of nine Greek-Cypriot missing persons and their relatives. The nine were combatants, except for Savvas Hadjipanteli whose remains have been identified. They were all seen alive after their capture by the Turkish army in Cyprus and also in Turkey where they had been transported as prisoners of war. The seven-judge panel of the ECHR’s Third Section, with only the judge from Turkey dissenting, held Turkey responsible for the violation of the following articles 2,3 and 5 of the European Convention on Human Rights. In its decision, the ECHR stressed that Turkey was obliged under international treaties to respect the wounded, prisoners of war, and civilians; specifically under the European Convention of Human Rights, it was obliged to take reasonable steps to protect the lives of those not, or no longer, engaged in hostilities. The judgment also rejects outright the Turkish position that the persons who disappeared during the 1974 Turkish invasion, and are still missing, should be presumed dead. Regarding the relatives of those who disappeared while under Turkey’s custody, the ECHR observes that they“must have undoubtedly suffered most painful uncertainty and anxiety and furthermore their mental anguish did not vanish with the passing of time.” u Apostolides v Orams (Case No: A2/2006/2114), British Court of Appeal (Civil Division), 19 January 2010 The British Court of Appeal ruled that a decision by a Cypriot Court, in connection with claims relating to Greek Cypriot owned property in the areas of Cyprus occupied by Turkey, must be executed. The decision came after an appeal by the Orams couple to the British Court of Appeal on a decision by a Cypriot court ordering the Orams to pay compensation to Apostolides, demolish the holiday home they had built on his property in the village of Lapithos occupied by Turkey, halt all interven- tion on the said property and deliver it to its legal owner. Meletis Apostolides had taken the Orams couple to court, claiming his property rights over his property in the occupied area where the Orams had built, illegally, a holiday home. The Cyprus Question| A brief Introduction 46
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