COUNCIL OF EUROPE
COMMITTEE OF MINISTERS
concerning the judgment of the European Court of Human Rights
of 28 July 1998
in the case of Loizidou against Turkey
(Adopted by the Committee of Ministers on 24 July 2000
at the 716th meeting of the Ministers’ Deputies)
The Committee of Ministers, acting under the terms of Article 54 of the
Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred
to as “the Convention”), Deeply deploring the fact that, to date, Turkey has still not complied with its
obligations under the judgment delivered by the European Court of Human Rights on
28 July 1998 in the case of Loizidou against Turkey; Recalling its Interim Resolution DH (99) 680 of 6 October 1999, in which, inter
alia, the Committee of Ministers strongly urged Turkey to pay the just satisfaction awarded
in this case so as to ensure that Turkey, as a High Contracting Party, meets its
obligations under the Convention;
Recalling that, subsequently, the Chairman of the Committee of Ministers wrote to his
Turkish counterpart recalling that, as for all Contracting Parties, Turkey’s obligation to
abide by judgments of the Court is unconditional;
Stressing that Turkey has had ample time to fulfil in good faith in the present case its
obligations,
Emphasises that the failure on the part of a High Contracting Party to comply with a
judgment of the Court is unprecedented;
Declares that the refusal of Turkey to execute the judgment of the Court demonstrates
a manifest disregard for its international obligations, both as a High Contracting Party
to the Convention and as a member State of the Council of Europe;
In view of the gravity of the matter, strongly insists that Turkey comply fully and
without any further delay with the European Court of Human Rights’ judgment of 28
July 1998.
ECHR RULING ON
LOIZIDOU WILL BE IMPLEMENTED
Strasbourg, 28 January 2000 (13:42 UTC+2)
The secretary general of the Council of Europe Walter Sweimer clarified
yesterday that the decision by the European court for Human Rights regarding the case of
Greek-Cypriot citizen Titina Loizidou will definitely be implemented.
Replying to a question raised by the British deputy Tom Kox, Mr Sweimer
stressed that the implementation of the decision was necessary as a purely legal and not
political issue.
He also announced that the issue would be examined by the committee of
deputy foreign ministers during its next meeting next week.
Mr Sweimer discussed the matter with the head of the Cypriot delegation at
the parliamentary assembly of the Council of Europe in Strassburg.
He further expressed his intention to have contacts with the UN secretary
general or with his representatives, in order to be briefed on developments in the Cyprus
issue and see to what extent he could intervene so as to boost efforts to resolve the
problem.
COUNCIL OF EUROPE
COMMITTEE OF MINISTERS
________
INTERIM resolution DH (99) 680
CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS
OF 28 JULY 1998
IN THE CASE OF LOIZIDOU AGAINST TURKEY
(Adopted by the Committee of Ministers on 6 October 1999
at the 682nd meeting of the Ministers’ Deputies)
The Committee of Ministers,
Having regard to the judgment of the European Court of Human Rights of 28 July 1998
which ordered Turkey to pay to the applicant before 28 October 1998 specific sums for
damages suffered and for costs and expenses ;
Considering that this judgment has been transmitted to the Committee of Ministers for
supervision of its execution in accordance with Article 54 of the Convention;
Having regard to the fact that Turkey’s compliance with this judgment has been
examined by the Committee of Ministers’ Deputies in subsequent meetings since
September 1998;
Considering that the Government of Turkey has indicated that the sums awarded by the
European Court could only be paid to the applicant in the context of a global settlement
of all property cases in Cyprus and concluding that the conditions of payment envisaged by
the Government of Turkey cannot be considered to be in conformity with the obligations
flowing from the Court’s judgment ;
Deploring the fact that Turkey has not yet complied with the judgment by paying to the
applicant the sums awarded by the Court,
Stressing the obligation undertaken by all contracting States to abide by the judgments
of the Court, in accordance with Article 53 of the European Convention on Human Rights;
Strongly urges Turkey to review its position and to pay the just satisfaction awarded
in this case in accordance with the conditions set out by the European Court of Human
Rights so as to ensure that Turkey, as a High Contracting Party, meets its obligations
under the Convention.
Britain calls on Turkey to
honour Loizidou ruling
British Foreign Minister Joyce Quin stated that her country and its European partners
continue to remind Turkey of its obligations in the Loizidou vs. Turkey case. During a
parliamentary meeting of the House of Commons, Quin emphasized that at the last meeting of
the Committee of Ministers' Deputies, it was agreed that its chair "would write
to Turkey asking for clarifications on Turkey's intentions" Quin further stated
that "we will continue to discuss with EU partners as with other members ofd the
Council of Europe how best to achieve Turkish implementations of the Court judgement".
| 
