Turkish or Turkish Cypriot? Court decision controversy

The Republic of Cyprus will pay a compensation of €345,000 to a Turkish Cypriot of American origin, while also returning his property in Limassol, which was being irregularly exploited.

Specifically, the Turkish Cypriot Orhan Hussein Dervish won the lawsuit against the Attorney General and the Minister of Interior as the Guardian of Turkish Cypriot Properties. The lawsuit concerned the management of the Turkish Cypriot's immovable property by the Guardian of Turkish Cypriot Properties.

It should be noted that the plaintiff was never naturalized as a Cypriot citizen. Based on this fact, the property of Mr. Orhan Hussein Dervish, located in Limassol, does not fall under the term "Turkish Cypriot property" as defined by the Law on Turkish Cypriot Properties (Management and Other Matters) (Temporary Provisions) of 1991 (Law 139/1991), and therefore the provisions of the law do not apply.

Furthermore, for the settlement of the Court's decision, it was deemed necessary to include a supplementary budget for the Turkish Cypriot Properties Fund for 2023, authorizing the Minister of Interior to submit it as a draft law to the Parliament.

There are divergent views on whether the plaintiff is a Turkish Cypriot, with some stating that he is Turkish.

According to the report of the Ministry of Interior to the Parliament, the District Court of Limassol, on 22.06.2022, in the context of the trial of Case No. 5852/13, Orhan Hussein Dervish v. the Attorney General and the Minister of Interior as the Guardian of Turkish Cypriot Properties, proceeded with the consensual issuance of orders (a copy of the decision is attached as Annex I) that provide for the release of Mr. Orhan Hussein Dervish's property from the management of the Guardian of Turkish Cypriot Properties and its return to the plaintiff.

At the same time, the Court issued an order for the payment of compensation to the plaintiff, Mr. Orhan Hussein, in the amount of €310,000 with a legal interest rate of 2% annually from 22.06.2022 until full payment, as well as the payment of litigation costs, which were calculated at €20,110.

In determining the agreed compensation, the estimations of the rental value of the property made by the Department of Land and Surveys were taken into account, as well as the rents collected from tenants of the property to the Guardian Fund, during the period when the property was under guardianship.

Based on the above, and in order to cover the need for the payment of the agreed compensation, which amounts to €318,700, including the compensation of €310,000, interest of €6,200 up to the present date, an amount of €104 for the expenses of issuing the decision, and an estimated amount of €2,380, as well as an additional €20,110 for legal expenses and €10,000 for other potential expenses, it is necessary to submit a supplementary budget for the year 2023, amounting to €345,000 (Annex II).

The Council of Ministers, during its session held on 8/6/2023, approved the Supplementary Budget of the Turkish Cypriot Properties Fund for the year 2023 and authorized the Minister of Interior to submit it to the Parliament as a draft law.