Arıklı: ECHR Ruling Adds New Dimension to Property Dispute, Paves Way for Opening of Varosha

The case involved a lawsuit brought by the Greek Cypriot company K.V. Mediterranean Tours Limited against Turkey. Although Turkey was ordered to pay €18,000 in damages, Arıklı believes the ruling ultimately supports Turkish Cypriot objectives regarding Varosha.

According to Arıklı, the lawsuit stemmed from the company's application to the Immovable Property Commission (IPC), which had stated that the return of the property could only be considered after a comprehensive settlement. The applicant then took the matter to the ECHR.

Key elements of the Court’s ruling, as outlined by Arıklı, include:

• Reaffirmation of the IPC as an effective domestic remedy.

• A call for foundations with claims to property in Varosha to pursue their rights through existing documentation.

• Compensation to the Greek Cypriot company due to the non-return of the property.

Arıklı argued that the judgment supports the position that “Varosha should be opened under Turkish administration and UN supervision to allow resettlement by former users.” He added that this interpretation aligns with UN Security Council Resolution 550, which prohibits any unilateral resettlement of Varosha by anyone other than its original inhabitants.

The minister emphasized that the next step would be to lift Varosha’s status as a military zone and transfer its oversight to the IPC.

He also noted that, should the Evkaf Administration—claiming historic title to many properties in Varosha—be validated by international courts, it could receive compensation based on its title deeds. Arıklı believes this could open the area in a way that benefits the TRNC economically and legally.

Referring to a 2003 report by a Greek Cypriot delegation, Arıklı said that rebuilding Varosha could require €4 billion, a figure that could significantly contribute to the economy of Northern Cyprus. He added that if Greek Cypriots uninterested in returning were to transfer their rights, the TRNC Ministry of Finance could also generate substantial revenue, further supporting the IPC's operations.

In conclusion, Arıklı stated that the ECHR decision has introduced a legal foundation for the opening of Varosha and marked a critical shift in the long-standing property debate on the island.