[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 322 Introduced in House (IH)]






109th CONGRESS
  1st Session
H. RES. 322

   Expressing support for the European Court of Human Rights for its 
decisions in the Loizidou v. Turkey and Xenides-Arestis v. Turkey cases 
  and for admitting similar cases before the European Court of Human 
                                Rights.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2005

 Mrs. Maloney (for herself, Mr. Bilirakis, and Mr. Pallone) submitted 
   the following resolution; which was referred to the Committee on 
                        International Relations

_______________________________________________________________________

                               RESOLUTION


 
   Expressing support for the European Court of Human Rights for its 
decisions in the Loizidou v. Turkey and Xenides-Arestis v. Turkey cases 
  and for admitting similar cases before the European Court of Human 
                                Rights.

Whereas Titina Loizidou lived in Kyrenia, a city in the northern, occupied part 
        of Cyprus until 1972 when she and her husband moved to Nicosia with the 
        intention of moving back to Kyrenia at a later date;
Whereas Turkey illegally invaded Cyprus in 1974, thereby denying Loizidou access 
        to the property she had inherited from her family;
Whereas in 1989, Loizidou filed an application against Turkey with the European 
        Commission of Human Rights;
Whereas the European Court of Human Rights ruled that Turkey was responsible for 
        preventing Loizidou from accessing her property in Kyrenia and was found 
        guilty of violating her property rights;
Whereas in 1996, the European Court of Human Rights ruled that Turkey must pay 
        Loizidou pecuniary and nonpecuniary damages of $900,000 by October 28, 
        1998;
Whereas Turkey failed to meet the October 28, 1998, deadline but compensated 
        Loizidou in 2003;
Whereas in November 1998, Myra Xenides-Arestis filed a complaint against Turkey 
        for violating her property rights by preventing her from accessing her 
        property in the northern, occupied part of Cyprus;
Whereas in April 2005, the European Court of Human Rights decided that the case 
        brought by Xenides-Arestis against Turkey was admissible;
Whereas in 2005, the European Court of Human Rights ruled in the same case that 
        Turkey continues to be responsible for the occupied areas of Cyprus 
        since Turkey exercises effective and overall control through the 
        presence of its troops;
Whereas the European Court of Human Rights ruled that the rejection of the Annan 
        plan by the Greek Cypriots does not have the legal consequence of 
        bringing to an end the continuing violation of the rights of displaced 
        persons; and
Whereas other Greek Cypriots whose properties were seized by Turkey in 1974 are 
        in the process of bringing similar claims before the European Court of 
        Human Rights: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) commends the European Court of Human Rights for its 
        judgment in favor of Titina Loizidou in the Loizidou v. Turkey 
        case and its more recent judgment on the admissibility of the 
        Xenides-Arestis v. Turkey case;
            (2) urges the European Court of Human Rights to consider 
        current and future cases brought by Greek Cypriots against 
        Turkey for the violation of their property rights; and
            (3) urges Turkey to respect the decisions of the European 
        Court of Human Rights with respect to Cyprus, uphold the 
        Council of Europe's founding values, including respect for the 
        right to property, and end the illegal exploitation of Greek 
        Cypriot properties in the areas of Cyprus under Turkish 
        military occupation.
                                 <all>