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Call for Varosha’s return to its lawful inhabitants

Doc. 16004: compendium of written amendments | Doc. 16004 | 27/06/2024 | Final version

Compendium index

Amendment 1 Amendment 6 Sub-amendment 1 to amendment 6 Amendment 2 Sub-amendment 1 to amendment 2 Amendment 7 Amendment 5 Amendment 8 Sub-amendment 1 to amendment 8 Amendment 4 Amendment 3 Amendment 9 Sub-amendment 1 to amendment 9

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1The summer of 2024 marks the sad 50th anniversary of the most dramatic episode in Cyprus’ modern history – the coup d’état promoted by the military dictatorship in Greece aiming at achieving “Enosis” of Cyprus with Greece and the reaction of Türkiye which occupied the northern part of the island with its troops. This crisis followed the first conflict in 1963, following which the United Nations decided to deploy a peacekeeping force (UNFICYP), who is still present on the island today. The events of 1963/1964 and July-August 1974 made thousands of victims and pushed hundreds of thousands of Turkish Cypriots and Greek Cypriots to flee from their homes, leaving everything behind. The scars of these tragic events are still very present in memories and public conscience of Cypriots. One of the most shocking traces of those events is the ghost town of Varosha, a fenced-off area of the city of Famagusta which has been closed and uninhabited for 50 years.

27 June 2024

Tabled by Mr George LOUCAIDES, Mr Paul GAVAN, Mr Andrej HUNKO, Mr Berdan ÖZTÜRK, Ms Laura CASTEL, Mr George PAPANDREOU, Mr Georgios STAMATIS, Mr Constantinos EFSTATHIOU, Lord David BLENCATHRA, Ms Dora BAKOYANNIS, Ms Anna EFTHYMIOU

Votes: 46 in favor 15 against 1 abstention

In the draft resolution, paragraph 1, first sentence, replace the words "reaction of" with the following words:

"invasion by"

Explanatory note

In previous documents of the Assembly but also in the present explanatory memorandum, the word invasion is rightly used to accurately describe what happened in 1974

27 June 2024

Tabled by Mr Konur Alp KOÇAK, Mr Mehmet AKALIN, Mr Abdurrahman BABACAN, Mr Mustafa CANBEY, Ms Meryem GÖKA, Ms Pelin YILIK, Mr Yıldırım Tuğrul TÜRKEŞ

Votes: 56 in favor 4 against 0 abstention

In the draft resolution, paragraph 1, first sentence, replace the words "Türkiye which occupied the northern part of the island with its troops" with the following words:

"Türkiye which intervened under Article IV of the Treaty of Guarantee of 1960"

Explanatory note

PACE is expected to respect its Resolution 573 (1974) adopted on 29 July 1974, expressly recognising that Türkiye had exercised "its right of intervention in accordance with Article 4 of the Guarantee Treaty of 1960."

27 June 2024

Tabled by the Committee on Political Affairs and Democracy

Votes: 43 in favor 16 against 1 abstention

In amendment 6, replace the words "under Article IV" with the following words:

"under the pretext of Article IV"

27 June 2024

Tabled by Mr George LOUCAIDES, Mr Paul GAVAN, Mr Andrej HUNKO, Ms Laura CASTEL, Mr George PAPANDREOU, Mr Georgios STAMATIS, Mr Constantinos EFSTATHIOU, Lord David BLENCATHRA, Ms Dora BAKOYANNIS, Ms Anna EFTHYMIOU

Votes: 48 in favor 13 against 0 abstention

In the draft resolution, paragraph 1, replace the second and third sentences with the following sentences:

"This crisis followed the intercommunal strife of 1963-1964, which led to the displacement of Cypriots from their homes, following which the United Nations decided to deploy a peacekeeping force (UNFICYP), which is still present on the island today. The Turkish invasion of July-August 1974 resulted in thousands of victims, and a significant portion of the population having to flee their homes, leaving everything behind."

Explanatory note

The amended sentence reflects in a more accurate and balanced way these two critical time periods that the Rapporteur includes in this paragraph.

27 June 2024

Tabled by the Committee on Political Affairs and Democracy

In Amendment 2, second sentence, replace the words "The Turkish invasion" with the following words:

"The Turkish military intervention"

2The Parliamentary Assembly recalls that Cyprus, which had been part of the British Empire, was established in 1960 as an independent State ensuring equal rights and equal responsibility to all its citizens, both Greek Cypriots and Turkish Cypriots, and with guarantees of Greece, Türkiye and the United Kingdom.
3The Assembly deplores that, almost 50 years since, the Cyprus problem is still unresolved, and the island remains divided. The continuing frozen conflict harms the vital interests of all Cypriot citizens and may lead to dangerous escalation. Furthermore, it constitutes a potentially destabilising factor for the Eastern Mediterranean.
4The Assembly refers to its previous resolutions on Cyprus issue, in particular Resolution 1362 (2004), Resolution 1376 (2004) and Resolution 1628 (2008), and reiterates its strong commitment to reaching a fair, lasting and comprehensive solution for a peaceful and united Cyprus which would guarantee the legitimate rights of both Greek Cypriots and Turkish Cypriots, in full compliance with the values and principles of the Council of Europe.
5The Assembly fully supports the continued efforts by the United Nations Secretary General aimed at reviving the political process with a view to reaching a negotiated settlement of the Cyprus issue, and welcomes the appointment of María Angela Holguin Cuéllar as Secretary General’s Personal Envoy on Cyprus for the purpose of exploring whether common ground exists or not between the two sides, and hopes that her efforts will be able to promote the re-opening of negotiations between the two Cypriot communities.
6The Assembly calls upon all parties involved to contribute to the swift resumption of the political process, and to refrain from any unilateral steps or public statements that could undermine the prospects for it. In this context, it considers that the statements made by the leaders of Türkiye and the Turkish Cypriot community promoting a “two-state solution” for Cyprus, thus pushing towards an effective partition of the island, ignore and contradict a settlement of a united Cyprus in a bi-zonal and bi-communal federation in accordance with commonly agreed parameters laid down by the relevant United Nations documents.
7In the same vein, the Assembly regrets the announcements made by the President of Türkiye, and practical moves taken by the leader of the Turkish Cypriot community since October 2020, with a view to reopen access to the fenced-off area of Varosha. It considers the gradual opening of the fenced-off area as an unacceptable change of the status of Varosha as defined by the relevant UN Security Council resolutions, and thus a grave violation of these resolutions that undermines the prospects of reaching a comprehensive settlement of the Cyprus issue.
8Taking into account the highly symbolic importance of Varosha for the Greek Cypriot community, the Assembly believes that returning Varosha to its lawful inhabitants, either in the framework of the implementation of UN Security Council Resolutions 550 and 789 placing it under the UN control, or as part of a package of reciprocal confidence-building measures, would constitute a strong positive contribution towards reaching a comprehensive settlement.
9The Assembly welcomes, and stands ready to support, all initiatives aimed at building trust between the Greek Cypriot and Turkish Cypriot communities, such as direct dialogue and practical bi-communal co-operation projects at the level of municipalities, political parties, religious leaders, academia, civil society organisations, youth, etc.
10The Assembly particularly praises both municipalities of Famagusta/Gazimağusa for establishing constructive and future-oriented dialogue and encourages them to develop common bi-communal projects aimed at preparing Famagusta, including Varosha, for a common future following the eventual solution of the Cyprus issue. It calls upon the political leadership of both communities to facilitate and support such projects.
11It also welcomes the direct dialogue between representatives of Greek Cypriot and Turkish Cypriot political parties under the auspices of the Embassy of the Slovak Republic, and encourages all political forces from both sides to make actively use of this opportunity to build mutual understanding and dispel mistrust.
12The Assembly takes note that the European Court of Human Rights recognises the Immovable Property Commission (IPC) set up by Türkiye in the northern Cyprus following the Court judgement in the Xenides-Arestis v. Turkey case, as an effective domestic remedy for claims relating to properties left by Greek Cypriots in northern Cyprus as they flew to the South in 1974. It underlines this possibility for those Greek Cypriots who so wish to apply for pecuniary compensation, exchange or restitution of their properties abandoned in 1974.

27 June 2024

Tabled by Mr Konur Alp KOÇAK, Mr Mehmet AKALIN, Mr Abdurrahman BABACAN, Mr Mustafa CANBEY, Ms Meryem GÖKA, Ms Pelin YILIK, Mr Yıldırım Tuğrul TÜRKEŞ

Votes: 16 in favor 43 against 1 abstention

In the draft resolution, paragraph 12, first sentence, replace the words "Türkiye in the northern Cyprus" with the following words:

"the Turkish Cypriot authorities"

Explanatory note

The Immovable Property Commission (IPC) was set up by the Turkish Republic of Northern Cyprus (TRNC) and approved by its Legislative Assembly under the IPC Law (No.67/2005). This was acknowledged by the ECtHR in its 2010 Demopoulos decision: "Following [the Xenides-Arestis] judgment, the "TRNC" authorities enacted the [...] Law No.67/2005".

27 June 2024

Tabled by Ms Sandra ZAMPA, Mr Claude KERN, Mr Kimmo KILJUNEN, Ms Saskia KLUIT, Ms Luz MARTINEZ SEIJO

Votes: 48 in favor 13 against 0 abstention

In the draft resolution, paragraph 12, first sentence, replace the words "as an effective domestic remedy" with the following words:

"as Türkiye's effective domestic remedy"

13At the same time, the Assembly notes that, in most cases processed to date, the IPC has ruled for compensation in accordance with claims of the applicants. In addition, it notes that, to date, no cases relating to Varosha have been completed.

27 June 2024

Tabled by Mr Konur Alp KOÇAK, Mr Yıldırım Tuğrul TÜRKEŞ, Mr Mehmet AKALIN, Mr Abdurrahman BABACAN, Mr Mustafa CANBEY, Ms Meryem GÖKA, Ms Pelin YILIK

Votes: 53 in favor 0 against 7 abstentions

In the draft resolution, paragraph 13, replace the first sentence with the following sentences:

"The Assembly notes that according to the official information provided by the IPC, so far it has received 7 596 applications and concluded 1 775 cases, awarding in total 444 884 746 GBP, while it also ruled for exchange and compensation in two cases, restitution in five cases, both restitution and compensation in eight cases, and restitution following the resolution of the Cyprus issue in one case. At the same time, the Assembly notes that, in most cases processed to date, the IPC has ruled for compensation in accordance with claims of the applicants, requesting restitution in only 3.5% of the cases."

Explanatory note

Only 3.5% of the applications to the IPC claimed restitution, while vast majority has opted for compensation and even those very few did not insist on restitution and were ready to accept other remedies, which are considered equally effective. Besides the law provides applicants with avenues to challenge IPC's decisions.

27 June 2024

Tabled by the Committee on Political Affairs and Democracy

In amendment 8, first sentence, delete the following words:

", awarding in total 444 884 746 GBP, while it also ruled for exchange and compensation in two cases, restitution in five cases, both restitution and compensation in eight cases, and restitution following the resolution of the Cyprus issue in one case"

14Moreover, the Assembly understands that, for most Greek Cypriots lawful inhabitants of Varosha, applying to IPC, and even obtaining through it the right to return to their homes that would remain under a de facto control of the Turkish Cypriot authorities, is not politically acceptable or practicable.
15The Assembly calls upon all parties involved to resume in good faith the political process leading to the settlement of the Cyprus problem on the basis a bi-zonal bi-communal federation with a single international legal personality, a single sovereignty and a single citizenship composed of two constituent States with political equality as described in pertinent UN Security Council resolutions and endowed with full powers in matters of assigned competence.

27 June 2024

Tabled by Mr Francesco VERDUCCI, Mr Ettore Antonio LICHERI, Mr Arnaldo LOMUTI, Ms Sandra ZAMPA, Ms Aurora FLORIDIA

In the draft resolution, paragraph 15, replace the words "endowed with full powers in matters of assigned competence" with the following words:

"underlines that the solution of a bi-zonal and bi-communal federation provides that the two constituent entities are granted broad powers of self-government while respecting the identity of each community."

16The Assembly urges Türkiye and the leadership of the Turkish Cypriot community to abandon their stance in favour of a “two-state” solution for Cyprus and to recommit to the political process leading to a comprehensive settlement of Cyprus issue on the basis of internationally agreed parameters.
17The Assembly further urges the leadership of the Turkish Cypriot community to reverse all steps taken on Varosha since October 2020, to refrain from any further unilateral actions in relation to Varosha that are not in accordance with the relevant UN Security Council resolutions, and to implement as a matter of priority UN Security Council Resolutions 550 and 789 by placing the fenced-off area of Varosha under the UN control.
18In addition, the Assembly calls upon all parties involved to devise and implement a package of reciprocal confidence-building measures aiming at overcoming isolation and promoting co-operation for the benefit of both communities and reunification of the island.

27 June 2024

Tabled by Mr George LOUCAIDES, Mr Paul GAVAN, Mr Andrej HUNKO, Ms Laura CASTEL, Mr George PAPANDREOU, Mr Georgios STAMATIS, Mr Constantinos EFSTATHIOU, Lord David BLENCATHRA, Ms Dora BAKOYANNIS, Ms Anna EFTHYMIOU

Votes: 47 in favor 14 against 1 abstention

In the draft resolution, paragraph 18, after the words "confidence building measures", insert the following words:

", in accordance with international law, "

Explanatory note

"Isolation" is used to promote the partition of the island through direct or indirect recognition of the pseudostate, recognised only by Turkey. Therefore, confidence building measures must comply with international law, thus excluding any possibility of recognition.

27 June 2024

Tabled by Mr Konur Alp KOÇAK, Mr Yıldırım Tuğrul TÜRKEŞ, Mr Mehmet AKALIN, Mr Abdurrahman BABACAN, Mr Mustafa CANBEY, Ms Meryem GÖKA, Ms Pelin YILIK

Votes: 54 in favor 1 against 5 abstentions

In the draft resolution, paragraph 18, replace the word "isolation" with the following words:

"all forms of isolation imposed upon Turkish Cypriots"

Explanatory note

PACE expressed in its 1376 (2004) resolution that, "The Turkish Cypriots' international isolation must cease". Turkish Cypriot people continue to be exposed to all encompassing isolations, including the denial of right to representation in international fora and freedom of movement, hindrance of trade, tourism, cultural and sporting relations with the international community.

27 June 2024

Tabled by the Committee on Political Affairs and Democracy

In amendment 9, replace the words "all forms of isolation imposed upon Turkish Cypriots" with the following words:

"isolation of Turkish Cypriots"

19The Assembly calls upon the leaders of both communities to resume their meetings and dialogue on practical issues for the benefit of all Cypriots, and to re-engage in a political process under the auspices, and with good services, of the UN Secretary-General.
20The Assembly values the participation of representatives of the Turkish Cypriot community in its debates and in the work of its committees and undertakes to give full effect to Resolution 1376 (2004). It encourages them to use more actively this opportunity to contribute to the European political debate, and to engage in a meaningful dialogue with their Greek Cypriot compatriot counterparts with a view to building mutual trust and preparing the ground for the resumption of direct talks between the two communities, under the auspices of the United Nations, with the aim to reach a fair, lasting and comprehensive solution for a peaceful and united Cyprus.
21The Assembly appreciates the role played by the United Nations Peacekeeping Force in Cyprus and pays tribute to the soldiers and civilians who lost their lives in service to provide peace and security to the Cypriots.
22The Assembly calls upon Greece, Türkiye and the United Kingdom, as guarantor powers, and all the members of the UN Security Council to co-operate for a solution of the Cyprus problem in accordance with the pertinent UN Security Council Resolutions.
23The Assembly reiterates its commitment to a united Cyprus and resolves to continue, through the activities of its competent committees, to contribute to reaching a solution of the Cyprus problem shared by both Greek Cypriots and Turkish Cypriots and in accordance with the pertinent UN Security Council resolutions.