The Epitaphios walk at St. George Exorinos church in Famagusta

People, mostly refugee, flocked by the thousands to attend Good Friday mass at the Church of St. George Exorinos in occupied Famagusta for the first time in 58 years.

The video, just uploaded on my YouTube channel, depicts people with candles walking with the Epitaphios -- which symbolizes the tomb of the body of Christ in the Orthodox traditions.

Notable was a local Muslim Cleric joining church service in a sign of interfaith harmony.

Also in attendance was Alexis Galanos, the Greek Cypriot mayor-in-exile of the sprawling coastal city who told a packed church that the ceremony sent a message of reconciliation and hope.

“Famagusta is the key.  Good Friday is the day between Christ’s crucifixion and the hope of resurrection. We have hope. And we hope next year to return to our city,” he said.

Ground-breaking Good Friday mass in occupied north

(Reuters) - For the first time in more than half a century, a church in northern Cyprus will host Good Friday mass in a sign of a thaw in relations between Greek and Turkish Cypriots.

Off limits to Greek Cypriots for 58 years, the Church of St. George Exorinos in the medieval city of Famagusta will host a liturgy on what is one of the most important religious dates in the Greek Orthodox calendar.

Read More »

Washington is Pressing Turkey on the Ghost Town of Varosha

(incyprus.philenews.com) - Washington is pressing Turkey to allow experts funded by the US to carry out reports on how the ghost town of Varosha can be transformed into a livable eco-friendly resort.

But the Turkish side continues to raise conditions that cannot be met, insiders told The Cyprus Weekly yesterday.

"They won't even allow the experts funded exclusively by the US to get in and start the project which will take at least six to nine months to be completed, anyway," one source said.

"They want to get conditions met first, and their conditions seem to always lead to the same unacceptable demand for recognition (of the breakaway regime in Turkish-held north)," added the inside source.

One of the Turkish demands is that Famagusta port comes under their control once it opens, and not under the European Union's as proposed by President Anastasiades.

Also, when it comes to the occupied airport of Tymbou or 'Ercan', Nicosia agrees to its full operation but under the condition that it is under the Cyprus Republic's FIR.

Except for the last 20 kilometres when it would be under Turkish Cypriot guidance and this is due to safety reasons and a standard procedure for most regional airports.

"For example, a plane landing in Perth, Australia, is under the FIR of the federal state until it is 20 kilometres away from its destination. Then it comes under Perth, Western Australia's FIR, for safety reasons," an informed source said.

Anastasiades insists on the immediate return of Famagusta to its lawful Greek Cypriot inhabitants and its re-opening under UN and EU auspices. He argues that this is a confidence-building measure that will certainly boost recently re-launched UN-brokered efforts to reunite the island.

A master plan on the re-opening of the port city - whose infrastructure has crumbled over the years - was drafted by the island's Technical Chamber a few years back.

But technocrats agree that the Chamber's master plan would need to be updated.

Nonetheless, the Chamber has been kept completely in the dark when it comes to this new initiative by the US, informed sources said.  

"A group of US experts were on the island recently, visiting Famagusta and holding workshops but that's all we know, the Chamber was not asked to contribute with ideas or relevant information," a source said.

Remarks by Spokesman following Anastasiades’ meeting with the US Deputy Assistant Secretary of State

An assessment of the course of the negotiations, the confidence building measures and the more active involvement of the European Union in the negotiation process for a solution to the Cyprus problem, were the issues discussed at today’s meeting between the President of the Republic, Mr Nicos Anastasiades, and the US Deputy Assistant Secretary of State, Mr Eric Rubin, at the Presidential Palace.

In his remarks to the press following the meeting, the Government Spokesman, Mr Christos Stylianides, said that the meeting had focused on three pillars. “The first one entailed the assessment of the course of the negotiations so far. The President of the Republic presented his views and assessment on the phase of the submission of the initial positions, the so-called screening, and there was an exchange of views on how to overcome some problems that have already been ascertained. 

Secondly, there was a systematic and thorough discussion on the issue of confidence building measures, which focused primarily on the issue of Famagusta.”

He added that the third issue discussed was the more active involvement of the EU in the process of the negotiations, the value and importance of this involvement and how much it could help so that the dialogue would become more productive and specific, mainly in relation to the compatibility or the lack of compatibility of the submitted proposals with the acquis communautaire.

The return of the fenced-off area of Famagusta as a confidence-building measure, was at the centre of the Tuesday meeting.

Anastasiades’ proposal for the immediate opening of the Turkish-held ghost town of Famagusta under the auspices of the EU and the UN to give a new momentum to the UN-brokered peace process which began on February 11.

But the Turkish side appears unwilling to return the occupied port town to its lawful Greek Cypriot inhabitants. 

Returning ghost town will be the key to a successful conclusion of peace negotiations

Foreign Minister Ioannis Kassoulides has said in an interview with our television station that the return of the fenced off city  Famagusta by Turkey will be the key to a successful conclusion of peace negotiations.

Kasoulides said that only something big in the form of confidence building would convince public opinion that Turkey had the will for a solution.
He also said that two or three more negotiating sessions are needed for the two sides to present a complete set of proposals on a solution and a long period of detailed negotiations will follow to bridge differences.

Kasoulides categorically stated that Turkey cannot prevent Cyprus from exploring and exploiting hydrocarbons in its marine exclusive economic zone.

He added that the discovery of hydrocarbons has a large bearing on Cypus' regional policy.

Kasoulides said that relations with Russia remain excellent despite the Ukraine crisis.

He added that he conveyed some important messages to EU chief of foreign affairs Catherine Ashton from his Russian counterpart, Sergei Lavrov, with whom he met recently in Moscow.

European Parliament calls for the withdrawal of occupation troops from Cyprus

The European Parliament has urged Turkey to withdraw its troops from Cyprus, return the fenced-off city of Famagusta to its legal owners, end the flow of illegal settlers in the occupied part of Cyprus and implement the Ankara Protocol.

In a resolution on the 2012 progress report on Turkey, members of the European Parliament expressed once again their strong support for the reunification of Cyprus, based on a fair and viable settlement for both communities.

The resolution was adopted on Thursday by the European Parliament plenary session by 451 votes in favour, 105 against and 45 abstentions.

The resolution underlined the urgent need for an agreement between the two communities on how to proceed with substantive settlement negotiations, so that the negotiating process, under the auspices of the UN Secretary-General, can soon regain momentum.

Furthermore it urged Turkey to begin withdrawing its forces its troops from Cyprus and to transfer the sealed-off area of Famagusta to the UN in accordance with UNSC Resolution 550 (1984).

MEPs called on Turkey to refrain, in accordance with the principles of international law, from any new settlement of Turkish citizens in Cyprus, as this would continue to change the demographic balance and reduce the allegiance of its citizens on the island to a future common state based on its common past;

They deplored Turkey’s refusal to fulfill its obligation of full, non-discriminatory implementation of the Additional Protocol to the EC-Turkey Association Agreement towards all Member States and recalls that this refusal continues to have a profound effect on the negotiation process.

MEPs expressed their regret hat Turkey had "missed an important opportunity to start a process of engagement and normalisation of relations with Cyprus" during the Cypriot Presidency of the Council.

The resolution stressed that progress towards the normalisation of Turkey’s relations with the Republic of Cyprus is urgently needed in order to give new momentum to the EU-Turkey accession negotiations.

The resolution also called on the Government of Turkey to sign and ratify the United Nations Convention on the Law of the Sea (UNCLOS) without further delay and recalled the full legitimacy of the Republic of Cyprus’s Exclusive Economic Zone, in accordance with UNCLOS.

A pro-Turkish lobby failed to include amendments in the resolution aiming at giving to Turkish Cypriots the status of observers at the European Parliament and opening direct trade between the Turkish-occupied area of Cyprus and the EU.

(KYPE)

US Congresswoman Ros-Lehtinen: Time for Turkey to leave Cyprus in peace

(Rep. Ileana Ros-Lehtinen, Florida Republican, is chairman of the House Foreign Affairs Committee)

Long-standing occupation amounts to annexation

(The Washington Times) - Since its invasion of Cyprus in 1974, Turkey has claimed that it was acting as a protector and guarantor of the island’s security. But a closer examination of its actions on Cyprus indicates motivations of a very different character. Turkey’s invasion resulted in hundreds of thousands of Greek Cypriot refugees, who have been unable to return to their homes for almost 40 years. The international community has repeatedly condemned the illegal military occupation of Cyprus by Turkish troops. The United Nations Security Council has passed 75 resolutions calling for Turkey to allow Greek Cypriots to return to their homes and to withdraw its troops from Cyprus. Yet Turkey continues its occupation.

More than 40,000 heavily armed Turkish soldiers are occupying the northern part of the country, with one Turkish soldier for every two Turkish-Cypriots. The presence of this overwhelming force cannot be justified by the claims that they are needed to prevent any renewal of violence. In fact, since the 2003 opening of the border between the two communities, more than 17 million intercommunal visits have occurred without conflict.

The result of this occupation by foreign troops is that many Cypriot neighborhoods in the occupied areas remain vacant or in a state of disrepair. One of the most tragic examples is the Varosha region of Famagusta. Once an important commercial and tourism center for the island, Varosha was fenced off following the invasion, and access has been prohibited for all except Turkish military forces. Over the years, this area has become a virtual ghost town.

The desolation of Cypriot properties and cultural sites is not restricted to Varosha but is a reality in all the areas under Turkish military occupation. In fact, an estimated 520 Greek Orthodox churches and chapels, and 17 monasteries in the occupied areas have been pillaged, vandalized or destroyed. Often these religious sites have been converted into stables, bars, nightclubs, casinos or hotels, leaving more than 15,000 religious artifacts unaccounted for. This widespread destruction of Cypriot historic, religious and cultural identity certainly does not seem like the behavior of a “protective guardian.”

Read full article here: http://www.washingtontimes.com/news/2012/jun/15/time-for-turkey-to-leave-cyprus-in-peace/#ixzz2yilWkCJv 

Follow us: @washtimes on Twitter

Cyprus marks 35th anniversary of second Turkish offensive

(CNA) - Cyprus marks Friday the 35th anniversary of Turkey`s second offensive against the island in the summer of 1974 resulting in the occupation of the island’s northern third.

It was 14 August 1974 when Ankara`s representatives to the Geneva peace talks refused to give the Greek Cypriot representative time to consider their proposals and effectively presented Glafcos Clerides, former President of the Republic, with an ultimatum.

Turkish troops invaded Cyprus on 20 July 1974, five days after the legal government of the late Archbishop Makarios III was toppled by a military coup engineered by the military junta then ruling Greece.

Two unproductive conferences in Geneva followed; the first between Britain, Greece and Turkey and the second with the additional attendance of Greek Cypriot and Turkish Cypriot representatives.

Three weeks after a ceasefire was declared on 22 July, and despite the fact that talks were still being held and just as an agreement seemed about to be reached, the Turkish army mounted a second full-scale offensive.

As a result, Turkey increased its hold to include the booming tourist resort of Famagusta in the east and the rich citrus-growing area of Morphou in the west. All in all almost 37% of the territory of the Republic of Cyprus came under Turkish military occupation.

Nearly one third of the population, some 200,000 Greek Cypriots, were forcibly uprooted from their homes and properties, thousands were killed during the hostilities, over 1,000 persons were listed as missing while thousands of Greek Cypriots and Maronites remained enclaved.

The European Court of Human Rights has found Turkey guilty of mass violations of human rights in Cyprus.

Over the years, a number of unsuccessful peace rounds were launched under the auspices of the United Nations to find a settlement. These efforts were short lived as they stumbled on the Turkish Cypriot side’s insistence to gain recognition for the puppet regime it set up in November 1983. Only Turkey has recognized the so-called regime which was branded by the Security Council ``legally invalid``.

Ankara has ignored numerous UN resolutions calling for respect of the sovereignty, the independence and the territorial integrity of the Republic of Cyprus and the immediate withdrawal of the Turkish occupation troops.

Cyprus President Demetris Christofias and Turkish Cypriot leader Mehmet Ali Talat began in September 2008 UN-led direct talks to achieve a comprehensive settlement to the Cyprus problem and so far had 40 meetings covering the first reading of all main aspects of the Cyprus problem (Governance and power-sharing, property, territory, EU matters, economic matters and security).

The agreed solution, they added, will be put to separate simultaneous referenda.

The two leaders are scheduled to enter the second phase on September 3.

A Killer is a Candidate in the Upcoming "TRNC" Elections

Turkish settler, Kenan Akin, who killed Greek Cypriot Solomos Solomou during an anti occupation buffer zone protest back in 1996 said he would not hesitate to shoot him again. In an interview to a Greek daily, Akin said he would not travel abroad as he won't do anyone a favor and get arrested.

The Turkish settler currently has Interpol and Cyprus police warrants pending against him. He further claimed that the Republic of Cyprus does not have any credible evidence against him, suggesting that his bullet wasn't the one that killed Solomou.

Akin is a candidate in the upcoming illegal parliamentary elections which are to be held in the occupied areas. His running for "parliamentary elections" was mentioned in the Kibris Gazetesi, a Turkish Cypriot newspaper.

An English translation of the relevant excerpts from the Kibris Gazetsi:

KENAN AKIN now ORP candidate: Kenan Akin once a Democratic Party (DP) Minister of Agriculture, is once more in the political arena now. But this time running for parliamentary elections not from DP (Democratic Party) list, but competing at the 5th row from the Freedom and Reform Party (ORP) Magusa (Famagusta) list. According to sources of information, ORP President Turgay Avci is in the 1st row , followed by Deputy Erden Ozaskin in the 2nd row, and ORP Secretary-General Baghdad Sinan in the 3rd place. 4th row in the list is vacant yet while Kenan Akin is at the 5th row. Undersecretary of the Ministry of Economy and Tourism Hasan Kiliç's is also reported to be candidate for ORP's Magusa list, while there are talks about Nazmiye Çelebi, a teacher, also running for candidacy from Magusa list. Ministry of Foreign Affairs Coordinator Alper Zorlu's is also rumored to be ORP candidate from Iskele district.

Mayor of Cypriot 'ghost town' presses EU on Turkey membership

From the The Parliament:

The mayor of the Cypriot “ghost town” of Famagusta has called on the EU to press for the removal of Turkish troops from the area.

Speaking in parliament on Wednesday, Alexis Galanos, a Greek Cypriot, said that negotiations on Turkish membership of the EU should be made conditional on such a move.

He said, “If Turkish troops are withdrawn, that would represent a step closer to finding a solution to the whole Cyprus problem.”

The coastal town, once one of the most modern and developed on the divided island, has been occupied by Turkish troops since the Turkish invasion in 1974. It is fenced off, empty and now widely known as a ghost town.

It is one of nine municipalities which have maintained their legal status but have been temporarily relocated to the government-controlled areas until the reunification of Cyprus.

The mayor and municipal council of these municipalities are elected by the refugees who used to live in them before 1974.

Read the full article here.

Secretive visit inside the "forbidden city" of Varosha

UN Security Council Resolution 550

...Considers attempts to settle any part of Varosha by people other than its inhabitants as inadmissible and calls for the transfer of this area to the administration of the United Nations...

A Vlogger (video blogger), going by the name Dave Stuart, has posted new video footage of a visit to Varosha, a "ghost town" in Occupied Cyprus. The Turkish army took control of the city in 1974 and forced tens of thousands of Greek Cypriot inhabitants to flee their homes. Varosha is currently being used as a bargaining chip by Turkey and the Northern breakaway State as part of an overall settlement to the Cyprus problem.

The 15 minute film taken within the fenced off city is entitled "Return inside Varosha" and is divided in two parts. The videos have been placed on YouTube and can be viewed here and here.

Thank you Dave

The reason why there is no solution to the Cyprus problem

I’ll tell you what the real reason is ... but, before I get into that ... let me first take the time to welcome back one of my warped media friends, you know who you are. Yea, I know I’ve taken a bit of a hiatus but I’m back much to your dismay! Well, maybe for a short period of time. A little tip from me to you...

Keep checking back at this site, you just may learn a thing or two.

Where was I, ohh yes, the reason why there is no solution to the Cyprus problem. Here 'tis:

There is no solution due to the fact that Turkey refuses to comply with UN resolutions, but also due to the international community's unwillingness or inability to impose them. I know what some of you are thinking--but Konstelion, Turkey is a NATO member and a strong reliable US ally. Nevertheless my friends, Turkey must be made to comply with international laws and obligations. That is the only way to resolve the Cyprus issue.

Negotiating with intransigents.

Check this video out and see the word games being played by Mr. Talat who in the video is being interviewed by a reporter. Cyprus, for example, has no refugees. That’s right, Mr. Talat stated that “They're not anymore refugees...” The warped media out there reading this should take note ... the politically correct term now is “displaced.”

Apparently, a lot of things are “not fair” in the breakaway North.

Why can’t our breakaway State have direct trade with the EU, it is not fair! Giving back a ghost town? Why that’s not fair! Let’s see, refugees forced to evacuate, their legal rights continue to be disregarded and Talat says “of course it is not fair to ask for Varosha (back).” Can you believe this hypocrisy? Even the reporter is taken aback by the interview, lowering his glasses to look at Mr. Talat as if to say ... are you for real?

Ever read stories coming out of the occupied North like--Why cant little Tunc Ozgurgun’s Turkish Cypriot football team play internationally? It is not fair! Silly articles written by silly folks. I’ll tell you what’s not fair ... using Varosha as a bargaining chip by Turkey and the Northern breakaway State as part of an overall settlement to the Cyprus problem. We are talking about thousands of lives who would like to return home!

When asked about sending the Turkish occupation troops back to Turkey; Mr. Talat is quick with his pre-rehearsed response. Why, it’s a matter of security. Security, yes, even at this very moment the Greek Cypriots have triangulated our location. You see, we fear their military. Are these logical responses by Mr. Talat? No? Well that’s why the Cyprus issue is not resolved today.

Papadopoulos Interview with L΄Express

Here is the full transcript of the President's recent interview with the French periodical L'Express.

Famagusta Video

I found the link to this video from David Koyzi's website. It is video footage taken last year of Famagusta including the ghost town of Varosha in the occupied North. A small bit of info on Famagusta: When Famagusta was conquered by the Ottoman Turks in 1571, the Cypriot inhabitants were expelled from the old walled city but did not leave the area and settled close by to the south. Varosh means suburb in Turkish, so Varosha refers to the suburb of Famagusta. Today, Famagusta can mean both, the old walled town of Famagusta and the ghost town of Varosha.

Cyprus Debates ECHR Decision

Cypriot papers today set aside space to debate the recent ECHR Judgment against Turkey and the possible ramifications from the court’s decision. The views were for the most part, positive. Here is what the Cyprus Weekly had to say about the matter.

Turkey guilty

By Alex Efthyvoulos

Turkey was found guilty yet again yesterday by the European Court of Human Rights of violating the rights of Greek Cypriot refugees by denying them the right to return and to regain use of their homes in the occupied north of Cyprus.

The judgement dealt with the application of Famagusta refugee Myra Xenides-Aresti who fled her home at the time of the Turkish invasion in 1974 and has not been allowed to return, or to regain her property ever since.

The Court based its judgement on previous similar cases by Greek Cypriot refugees, like the one by Titina Loizidou.

But in what is regarded as a major development the Court, while reaffirming that Turkey “continued to exercise overall military control over northern Cyprus, added that “the fact that the Greek Cypriots rejected the Annan Plan did not have the legal consequence of bringing to an end the continuing violation of the displaced persons' rights,'' as claimed by Turkey.

The Court reserved sentencing Turkey for these violations giving it six months “to introduce a remedy, which secures genuinely effective redress for the Convention violations identified in the instant judgement.''

Link

But in yet another major development the Court went on to link Turkey's compliance in the Xenides-Aresti case with all the 1,400 other similar applications by Greek Cypriot refugees pending before it.

The Court said it could not ignore the fact that there were already approximately 1,400 property cases pending before it, brought primarily by Greek-Cypriots against Turkey.

The Court considered that Turkey had to introduce a remedy which secured, in respect of the Convention violations identified in the judgment, genuinely effective redress for the applicant as well as in relation to all similar applications pending before the Court, in accordance with the principles for the protection of the rights laid down in Article 8 and Article 1 of Protocol No. 1. “Such a remedy should be available within three months and redress should occur three months after that.''

The Court also rejected Turkey's claim that property rights could be settled through the intercommunal talks. It declared that “the inter-communal talks cannot be invoked in order to legitimate a violation of the Convention.''

Compensation law

The Court also rejected Turkey's claim that the breakaway Turkish Cypriot state should be given the opportunity and the time to consider their compensation law for Greek Cypriot refugees, as well as the claim that a decision by the Rights Court for the payment of compensation to Greek Cypriot refugees “would seriously hamper and prejudice negotiations for an overall political settlement, including the complex property issue which it is hoped will be solved by diplomatic means.''

The Court ruled that Turkey, as the occupying power of north Cyprus, violated two articles of the European Convention of Human Right, Article 8, dealing with the right to respect for the applicant's home, and Article 1, dealing with the protection of property.

In connection with Article 8 the Court noted that since 1974 Xenides-Aresti “has been unable to gain access to, to use and enjoy her home.'' It consequently reaffirmed its earlier judgement in the case of Cyprus v Turkey, “that the complete denial of the right of Greek-Cypriot displaced persons to respect for their homes has no basis in law within the meaning of Article 8 of the Convention.''

Dealing with the violation of Article 1 of Protocol 1 of the Convention, which guarantees every person's right to the peaceful enjoyment of their property, by the Court rejected Turkey's claims that property rights should be settled as part of a comprehensive settlement of the Cyprus problem.

“The Court found no reason to depart from the conclusions which it had reached in previous cases, in particular the case Loizidou v. Turkey: As a consequence of the fact that the applicant has been refused access to the land since 1974, she has effectively lost all control over, as well as all possibilities to use and enjoy her property.

The continuous denial of access must therefore be regarded as an interference with her rights under Article 1 of Protocol No. 1 [....] It has not [...] been explained how the need to rehouse displaced Turkish Cypriot refugees in the years following the Turkish intervention in the island in 1974 could justify the complete negation of the applicant’s property rights in the form of a total and continuous denial of access and a purported expropriation without compensation. Nor can the fact that property rights were the subject of inter-communal talks involving both communities in Cyprus provide a justification for this situation under the Convention.''

Accordingly, the Court concluded that there had been and continues to be a violation of Article 1 of Protocol No. 1 by virtue of the fact that the applicant is denied access to, control, use and enjoyment of her property and any compensation for the interference with her property rights.

The Court's judgement was reached with the dissenting opinion of one of the seven judges, Turkish judge R. Turmen.

Cyprus Weekly, December 2005

Media Frenzy

The Blairs became the subject of a media frenzy in Cyprus a couple of days ago when Mrs. Blair confirmed she would be heading the defence of David and Linda Orams. The Orams were found guilty of illegally building on land belonging to a Greek-Cypriot refugee and were ordered by a Cypriot court to pay compensation to Meletios Apostolides. The court also threatened to seize assets in Britain if the Orams do not comply with the ruling. I wasn’t going to comment on the matter as I see nothing wrong with Mrs. Blair defending British citizens. In any event, what good is the war chest the Orams and their supporters built up when the title deed of Meletios Apostolides is unquestionable? The reason for commenting on this today was because two things have occurred since Mrs. Blair’s involvement in this case. For one, it has unified the Cypriot people who feel the world has turned a blind eye to their plight. More importantly, the publicity may deter sensible people pursuing financial gain from illegal land grab. Below is an article (from the Cyprus Weekly archives) that discusses this matter in greater detail.

Talat fury as refugee takes property case to UK

By Philippos Stylianou

TURKISH Cypriot leader Mehmet Ali Talat is reportedly furious at the prospect of British and other EU nationals facing legal action in their own countries for buying Greek Cypriot refugee property in the occupied areas.

But it emerges he had been directly warned about this and remained unimpressed.

Greek Cypriot lawyer Constantinos Kandounas, who is determined to have a Nicosia court decision enforced through the British High Court against a middle-aged English couple for building on such property in Lapithos, near Kyrenia, met Talat face to face in September and pleaded with him to put a stop to the mass sale of Greek Cypriot houses and land.

"I saw Talat in July and September and on the second occasion I told him he could not talk of peace and at the same time allow our properties to be sold out," Kandounas, a rapprochement activist told the Cyprus Weekly at his law office in old Nicosia, and added:

"I told him he must do something to put a stop to this, otherwise there would be nothing left for the Greek Cypriots to return to; I also said that we could not just sit around and see our properties disappear, and I specifically told him that I was going to launch law suits against foreigners who ‘bought’ our properties. Talat said to me: ‘Do what you like.’ "

Candounas, himself a refugee from Famagusta, did just that and two months later he landed the first ever court decision ordering foreign EU nationals out of usurped Greek Cypriot property in the North, in this case an orchard in Lapithos belonging to CTO architect Meletis Apostolides, on which David and Linda Orams from Hove, Sussex, had built a luxury villa with swimming pool two years ago.

The judgment has sent shivers to all others who knowingly or not have settled on refugee property, since a 2001 EU regulation makes national court rulings enforceable in the country of the guilty party. And this is what Candounas and his client intend to do now that Cyprus is a full member of the EU.

The decision issued by the Nicosia District Court on 9 November 2004 orders the Orams to demolish the house along with the swimming pool and perimeter wall and return the property to the rightful owner without further ado. Furthermore, they are ordered to pay 7,654,83 cents in damages and 294.41 a month from December until the property is returned to Apostolides, plus court costs.

Insulting

Meletis Apostolides, who was 24 when his family were forced out of their home and property by the invading Turkish army in 1974, holds dear memories of his life there and wants to replant the citrus grove uprooted for development by the British couple.

"I do not have anything against the British, Germans or any other nationals coming to live in Cyprus as long as they don’t do it as receivers of stolen goods," Apostolides, a father of two adult children, told The Cyprus Weekly. "This behavior is insulting to the British who live legitimately in the free part of the island and to the well-meaning English people at large. A message must be given that they cannot do this sort of thing without consequences."

As the enforcement of the Nicosia court decision in the occupied areas is not feasible, Apostolides could ask the English High Court to confiscate the Orams’ property assets in the UK to meet the pecuniary aspect of the decision.

According to the EU regulation, following a request by a national court to have its judgment enforced by the courts in the guilty party’s country, the latter courts cannot review the merits of the original decision but can only decide on procedural matters.

The London Times in a full page article under the title "Britons face losing homes in Cyprus as refugees reclaim land" wrote that it will be the first time that the High Court has tested the EU 2001 regulation.

Apostolides said he was shocked to find out that a house stood in the place of their old orchard and decided to do something about it. He started by finding out who the trespassers were and when he achieved this he looked for the right lawyer to handle his case.

Lawyer Constantinos Kandounas said the crucial part was serving both the law suit and the court judgment on the Orams. When they filed the case at the Nicosia District Court they also had to hand it to the respondents in Lapithos.

This they did under pouring rain knocking at the Orams’ door with a court bailiff and a Turkish Cypriot employee of Kandounas. Linda Orams took the documents but refused to sign for them.

The Orams failed to appoint a defence until it was too late and the court had already issued its judgment in favor of the applicant Meletis Apostolides. Serving the court decision on the trespassing couple proved easier, as the plaintiffs had the cooperation of the Oram’s Turkish Cypriot lawyer Minhan Sagiroglu, at whose office the judgment was served. Yet the Orams refused to sign.

The Orams this week finally applied unilaterally to the Nicosia District Court for a stay of the decision and to have it set aside. Kandounas has asked the Court to allow his participation in the proceedings and at the same time has filed another case against the Orams for contempt of court in refusing to comply with its ruling.

All three cases - the Orams’ application, Kandounas application to participate in the proceedings and the contempt of court - will be heard on December 20 and, depending on the outcome, Apostolides will ask the British High Court to enforce the Cypriot court’s decision in the UK.

"The Orams will most probably contest this, but their options are limited by the EU regulation," Kandounas said, and added: "They will have to prove that they had a good reason for not appointing a defence in the case against them, and also that they have a good case."

Kandounas is well-known for his participation in the bicommunal contact effort, having set up his own information centre for Turkish Cypriots when movement restrictions were eased. He has also made a written submission to the Select Committee of the British Parliament which is carrying out an inquiry on Cyprus and was interviewed by the Committee during its recent visit to the island.

In his interview with the Cyprus Weekly, Kandounas said he is preparing more law suits against other EU citizens, besides Britons, who have usurped Greek Cypriot property in the occupied areas.

"We have to react if we really want to work for a solution to our problem," he said.