Cyprus v. Turkey (just satisfaction) [GC] - 25781/94 - Legal Summary [2014] ECHR 715 (12 May 2014)

Cyprus v. Turkey (just satisfaction) [GC] - 25781/94 - Legal Summary [2014] ECHR 715 (12 May 2014)

Claims for just satisfaction were not out of time, Article 41 applies to inter-State cases where individual victims are identifiable, and just satisfaction is justified for the benefit of those victims.

Source-derived case information.

Citation
[2014] ECHR 715
Parties
Applicant: Cyprus; Respondent: Turkey
Jurisdiction
European Union
Judgment Date
12 May 2014
Procedural Posture
Inter State Application / Just Satisfaction Judgment
Outcome
preliminary objection dismissed; just satisfaction awarded
Legal Topics
Just Satisfaction, Non Pecuniary Damage, Missing Persons, Enclaved Citizens
Human Rights International Law Just Satisfaction Non Pecuniary Damage Missing Persons Enclaved Citizens

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Parties

Cyprus

Applicant

Turkey

Respondent

Procedural Posture

Inter State Application / Just Satisfaction Judgment

Legal Issues

  1. 1 Whether the claims for just satisfaction were out of time
  2. 2 Applicability of Article 41 to inter-State cases
  3. 3 Entitlement of applicant State to just satisfaction for individual victims

Ratio Decidendi

Claims for just satisfaction were not out of time, Article 41 applies to inter-State cases where individual victims are identifiable, and just satisfaction is justified for the benefit of those victims.

Court Disposition

preliminary objection dismissed; just satisfaction awarded

Orders

  • EUR 30,000,000 awarded to surviving relatives of missing persons
  • EUR 60,000,000 awarded to enclaved residents of Karpas peninsula