Case-law from the European Court of Human Rights & Human Rights Committee
There are some excellent sources to relevant property case-law in the ECHR at the following website, some of which are highlighted below. The cases can be obtained by searching HUDOC, the Database of the case-law of the supervisory organs of the European Convention on Human Rights
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Involving large-scale evictions, forced relocation and demolition of villages by the Government of Turkey. The Court held that there had been a violation of both Article 8 of the Convention and Article 1 of Protocol No. 1 and ordered the Government of Turkey to pay compensation. |
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Akkus vs. Turkey, July 1997, para. 30 |
Involving the expropriation of land and mass evictions by the Government of Turkey in order to construct a dam. The Court held that there had been a violation of Article 1 of Protocol No. 1 and ordered the Government of Turkey to pay compensation |
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Violations of ECHR A3 (prohibition of torture), A8, (respect for home, property), A1,P1, and A13 (effective remedy)
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Inadmissible ratione temporis.
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Violation of ECHR A1,P1
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Involving housing restitution with respect to a house expropriated by the Government of Romania in 1950. The Court held that there had been a violation of Article 1 of Protocol No. 1.) |
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Regarding Greek Cypriots displaced from northern Cyprus. The Court held that there are continuing violations by the Government of Turkey of Article 8 of the Convention and Article 1 of Protocol No. 1 |
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Demopolous v. Turkey (2009) |
Greek Cypriots displaced from northern Cyprus. Issues related to Article 1 and Article 8.
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Violations of ECHR A8 (home and family life), A13 (effective remedy), and A1,P1
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Violations of ECHR A3, A8, A1,P1, A13, A25 (right of petition to the Court) (compensation awarded)
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ECHR 50 (Expenditures on the Court)(compensation awarded)
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No violation of ECHR A1,P1 or A14
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ECHR A6-1 and A1,P1 violations (compensation awarded) (Case also deals with non-implementation of decisions)
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No violation ECHR Arts. P-1, 14 (non-discrimination), 6-1, or 13 (effective remedy)
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Involving the occupation of land and housing by the Government of Turkey in northern Cyprus. The Court held that there had been no violation of Article 8 of the Convention but that there had been a violation of Article 1 of Protocol No. 1 and ordered the Government of Turkey to pay compensation. |
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Violations of ECHR A2, A3, A5, A8, A1P1, and A13 (compensation awarded)
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Violation of ECHR A1,P1 (compensation awarded)
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Involving long-term expropriation of property permits, for 23 and 8 years respectively, and the prohibition of construction on the properties in question. The Court held that there had been a violation of Art 1 of Protocol 1 due to the long duration in which the property was under threat of expropriation, and therefore construction by the owners was prohibited, even though the expropriation did not take place. |
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Teteriny v Russia (2005) |
Violation of Article 6(1) and Article 1 of Protocol 1 |
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ECHR A6-1 and A1,P1 violations (compensation awarded)
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Violation of ECHR A1,P1 but no violation of A6-1
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ECHR A41 (just satisfaction)(compensation awarded where government sought to compel applicant to file an application again in a newly-established commission
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Involving the taking of a farm and eviction of its occupants by a municipal government in order that the land could be used for the construction of low-cost and social housing. The Court held that there had been a violation of Article 1 of Protocol No. 1 and ordered the Government of Italy to pay compensation. |
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ECHR A6-1 and A1,P1 violations (compensation awarded)
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ECHR A1,P1, and 6-1 violations)(compensation awarded)
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*While all the cases listed above are important housing and property restitution cases, the cases marked with an asterisk may be of particular significance for displaced persons from Kosovo and Metohija.
Human Rights Committee
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ICCPR A2, para3 (a) (effective remedy) and A26 (non-discrimination) violations
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ICCPR A26 (non-discrimination) violation
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ICCPR A2, para3 (a) (effective remedy) and A26 (non-discrimination) violations
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Miroslav Blazek, George A. Hartman and George Krizek v. The Czech Republic (2001) |
ICCPR A26 (non-discrimination) violation
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ICCPR A2, para1 (equality before and equal protection of the law) and A26 (non-discrimination) violation
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Simunek, Hastings, Tuzilova and Prochazka v. The Czech Republic (1995) |
ICCPR A26 violation
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Vojnovic v. Croatia |
A lawful termination of tenancy rights under Croatian law amounted to an arbitrary interference with the right to home and violated art 17 of the ICCPR. Held to be arbitrary as it was exercised in an unfair and discriminatory way. |
