Athens , 29 September 2009

Foreign Minister Dora Bakoyannis made the following statement regarding the European Court of Human Rights chamber judgement in the case of Fokas v. Turkey:

“Today’s judgement from the European Court of Human Rights in the case of Fokas v. Turkey is important because it finds a violation of Article 1 of Protocol No. 1 (right to own property).

This judgement establishes the right of Greek citizens to inherit immovable property in Istanbul and opens the way for a positive outcome in other, similar cases involving immovable property in Istanbul.

As in previous cases like this, the Greek government has intervened actively in this case. We are optimistic that we will also have positive results in the other cases that are pending and that we have been given notice of and intervened in.”

It is to be noted that this case – regarding which the Greek government intervened, filing pleadings in support of the applicants’ positions – concerned the matter of Greek citizens whose right to inherit immovable property in Istanbul was not recognized by Turkey.

The first case of this kind – in which the Greek state also intervened – was “Apostolidis and others v. Turkey” which also ended in a judgement against Turkey (judgment 27-3-2007), in full acceptance of the Greek positions. A similar judgement followed in Nacaryan and Deryan v. Turkey (8-1-2008).

The Fokas v. Turkey judgment is the third judgement in which the Greek government has intervened successfully, and the Greek government has also exercised the right to intervene in any upcoming cases it is notified of and regarding which a judgement is anticipated.