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ПОСТАНОВЛЕНИЕ Европейского суда по правам человека от 18.12.1996 "ЛОИЗИДУ (LOIZIDOU) ПРОТИВ ТУРЦИИ" [рус. (извлечение), англ.]





nisation of the proceedings (Rules 37 para. 1 and 38) in relation to the merits. Pursuant to the order made in consequence, the Registrar received the memorials of the applicant, the Cypriot Government and the Turkish Government on 29 June, 17 July and 18 July 1995 respectively. In a letter of 2 August the Deputy to the Secretary to the Commission informed the Registrar that the Delegate would present his observations at the hearing.
4. On 13 September 1995 the Commission, the applicant and the Cypriot and Turkish Governments submitted their observations on the question of reference in the proceedings before the Court to a confidential report of the European Commission of Human Rights in the case of Chrysostomos and Papachrysostomou v. Turkey which was then pending before the Committee of Ministers of the Council of Europe, as requested by the President in a letter of 8 September.
5. In accordance with the President's decision, the hearing on the merits took place in public in the Human Rights Building, Strasbourg, on 25 September 1995. The Court had held a preparatory meeting beforehand.
There appeared before the Court:
(a) for the Turkish Government
Mr {B. Caglar}, Agent,
Mr {T. Ozkarol},
Mr E. Apakan,
Mr H. Golsong,
Mrs {D. Akcay},
Mr {O. Koray},
Mr Z. Necatigil, Counsel;
(b) for the Cypriot Government
Mr A. Markides, Attorney-General, Agent,
Mr M. Triantafyllides, Barrister-at-Law,
Mr M. Shaw, Barrister-at-Law,
Mrs T. Polychronidou, Counsel of the Republic A',
Mrs S.M. Joannides, Counsel of the Republic A', Counsel,
Mr P. Polyviou, Barrister-at-Law,
Mrs C. Palley, Consultant to the Ministry of Foreign Affairs,
Mr N. Emiliou, Consultant to the Ministry of Foreign Affairs, Advisers;
(c) for the Commission
Mr S. Trechsel, Delegate;
(d) for the applicant
Mr A. Demetriades, Barrister-at-Law,
Mr I. Brownlie QC,
Ms J. Loizidou, Barrister-at-Law, Counsel.
The Court heard addresses by Mr Trechsel, Mr Demetriades, Mr Brownlie, Mr Markides, Mr Shaw, Mr {Caglar}, Mrs {Akcay}, Mr Necatigil and Mr Golsong, and also replies to its questions.
6. On 26 September 1995, Mr Macdonald decided, pursuant to Rule 24 para. 3 of Rules of Court A, to withdraw from the Grand Chamber. In accordance with this Rule he informed the President who exempted him from sitting.
7. On 27 September 1995, the President received a request from the Turkish Government that Judge Macdonald withdraw from the Chamber. The Court decided that no response was called for in the light of Judge Macdonald's above-mentioned decision to withdraw.
8. On 6 October 1995, the Cypriot Government submitted various court decisions to which reference had been made at the public hearing.
9. Following the publication by the Committee of Ministers of the Commission's report in Chrysostomos and Papachrysostomou v. Turkey, the President requested, by letter of 19 October 1995, the applicant and the Government of Cyprus to submit any comments they wished to make. On 6 November, they filed supplementary observations. On 23 November the Turkish Government submitted a reply.
10. On 3 November 1995 the Turkish Government submitted an article to which reference had been made at the public hearing.

AS TO THE FACTS

Particular circumstances of the case

11. The applicant, a Cypriot national, grew up in Kyrenia in northern Cyprus. In 1972 she married and moved with her husband to Nicosia.
12. She claims to be the owner of plots of land nos. 4609, 4610, 4618, 4619, 4748, 4884, 5002, 5004, 5386 and 5390 in Kyrenia in northern Cyprus and she alleges that prior to the Turkish occupation of northern Cyprus on 20 July 197



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