Mete Hatay's Article Highlights Property Issues in Cyprus

Hatay notes that the recent arrest of Simon Aykut from the Afik Group has rekindled discussions on the property issue, especially with the Greek Cypriot side's recent judicial interventions. He highlights that Aykut's arrest has reignited long-standing property concerns and heightened tensions between the sides.

Hatay states, "In a period when both sides are unwilling to approach the negotiation table, such moves signify an intention to overturn the table and take the chairs away," asserting that property remains one of the critical elements of a resolution and resonates deeply with Greek Cypriots.

Displacement Statistics
He reminds readers that many Cypriots have been waiting for decades to reclaim homes, lands, and businesses abandoned during the conflict. According to Hatay's article, more than 160,000 Greek Cypriots and around 61,500 Turkish Cypriots were displaced during the conflict, with these properties frequently changing hands and undergoing legal transformations since then.

Even if a political solution is achieved, Hatay stresses that a significant portion of these properties is likely to remain on the "other side." He notes that while properties may be immovable, this does not mean they have remained unchanged, complicating the negotiators' ability to find a comprehensive solution.

Legal and Bureaucratic Challenges
Hatay's article also addresses the legal complexities that have emerged over the years. The Immovable Property Commission (IPC), established in 2006 and recognized by the European Court of Human Rights (ECHR), allows Greek Cypriots to claim compensation, exchange, or restitution for properties in the north. As of 2024, a total of 7,705 applications have been made to the IPC, with 1,840 resolved, resulting in compensation decisions totaling £467 million, much of which has been paid out. Hatay asserts that the IPC offers solutions to the property issue in Cyprus and should be strengthened.

However, he underscores that there is no similar mechanism for Turkish Cypriots in the south, with the management of Turkish Cypriot properties remaining under a structure known as the "Vasilik Makamı" since 1974. This structure does not provide an effective means for Turkish Cypriots to access their properties. Hatay argues that the law from 1991 is so ambiguous that it grants the Vasilik Makamı broad discretion over property restitution.

Hatay also points out disorganization in the management of Turkish Cypriot properties by the Vasilik Makamı, stressing that Turkish Cypriots' properties are not being effectively protected and that the Vasilik is failing to fulfill its responsibilities. He notes, "The control of the Vasilik Makamı over property management has reached a level of authority unmatched by any other institution or individual in contemporary Europe." Attempts to limit this authority through judicial means have largely failed, except in rare cases.

Proposed Solutions
Acknowledging that the property issue is directly linked to the land question and can only be fully resolved through a negotiated solution, Hatay proposes several steps that could provide relief for displaced individuals. These include establishing a UN-supported "bi-communal property technical committee," strengthening the IPC, and fulfilling promises made to Maronites and the people of Varosha.

Hatay emphasizes the need to create more accessible legal pathways for Turkish Cypriots to reclaim their properties in the south and suggests that the Republic of Cyprus should allow the IPC to present Turkish Cypriot properties to Greek Cypriots under more flexible conditions. This would provide property owners with broader options for compensation, restitution, or exchange for their lost assets.

The report highlights that reducing tensions can be achieved if both sides show mutual understanding regarding property rights and refrain from unilateral approaches.