London--"Although it has escaped the attention of the British news media, the decision to take a property case to the European Court of Justice is a positive development," said Theo Theodorou, spokesman for Lobby for Cyprus.

He was referring to the case involving a Greek Cypriot refugee, Meletis Apostolides, and a British couple, David and Linda Orams, and Britain's Court of Appeal's decision to refer points of substance to the Luxembourg-based Court.

Explaining the background of the important case, Theodorou said that Mr and Mrs Orams were ordered by the Nicosia District Court in 2004 to demolish the house they had built in Apostolides’ land in the northern occupied area of Cyprus, and pay compensation to him. Upon an appeal by the Orams' the Court ruling was not enforced. In 2005, the Nicosia District Court upheld its previous decision.

However, Theodorou added, in 2006, the British High Court said it could not enforce the 2004 ruling as EU legislation did not apply in the areas the government of Cyprus did not exercise effective control.

The European Court of Human Rights ruled in December 1996 that Turkey, by virtue of its military presence in northern Cyprus, exercises effective control on that part of the island and is therefore responsible for what happens there. Furthermore, the internationally recognized government of Cyprus is prevented from exercising its jurisdiction in the northern part of the country because of the continuing Turkish occupation.

"It should be pointed out, however," Theodorou commented, "the Court of Appeal recognized Apostolides’ true legal ownership of the land in dispute."

In his comment on the case, Cypriot Government Spokesman Vassilis Palmas said “with any decisions referred to the Court of Justice of the European Communities, we usually have good results.”

"Although there have been a long series of decisions supporting the rights of the Cypriot refugees to their lands, this hasn't prevented the Turks from selling the lands to foreigners or tearing down the houses and other properties for other development purposes," Theodorou said.

"Ultimately," he concluded, "the matters regarding property as well as other problems will be resolved when the the Turks remove their 40,000-man Army from the north, taking with them the 160,000 Anatolian colonists imported into the north to change its demographics, and all refugees are permitted to return to their homes. These are the Lobby's 'Three Rs'."

Lobby for Cyprus is a non-party-political organisation dedicated to the re-unification of the island of Cyprus, divided since the illegal Turkish invasion of 1974.

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