Some Hope for the Greek Cypriots Enclaved in the Occupied North

A landmark case at the European Court of Human Rights has safeguarded the rights of relatives of Greeks in Istanbul to inherit property even if they are not Turkish nationals.  And this raises hopes for the Greek Cypriots enclaved in the occupied Karpas peninsula where the non-inheritance policy is also applied by the Turkish regime.

This is the view of Achilleas Demetriades - one of the lawyers in the case of late Polyxeni Foka whose blood brothers were awarded five million euros by the Strasbourg-based Court on October 1, 2013.

“I believe this is an important case because it repeats the rights of ‘Romioi’ in Istanbul to have their properties inherited by their heirs who may not necessarily be of Turkish nationality.”

He added: “And it also has a link to Cyprus because a similar policy of non-inheritance was applied with the Karpas enclaved persons who, when they pass away, their relatives living in the government-controlled areas are not allowed to inherit.”

Ekaterini-born Polyxeni was adopted by Apostolos and Elisabeth Bitsika, wealthy Greeks of Istanbul, or Romioi (Greek: Ῥωμαῖοι/Greek: Ρωμιοί, "Romans") as they were branded by the Turks, back in the mid-50s.

She lived there happily and in very comfortable surroundings and when the father died in 1981, the mother inherited the family property.

The mother died in 1987 and Polyxeni actually inherited the property – both movable and immovable property.  But later on the Turkish state decided that this inheritance was contrary to the existing law because she was not a Turkish national.  By that time, she was not very well and was admitted to a psychiatric hospital called Zentiburul with the authorities appointing a guardian.

Meanwhile, her two blood brothers from Ekaterini wanted to help and began contacting Polyxeni who passed away in hospital in 2000.  That’s when the brothers’ interest in the inheritance led to the launch of a litigation in Turkey but their bid was unsuccessful.

So, in 2002 an application was submitted before the ECHR claiming the inheritance rights of the brothers.  The case was successful in 2009 when the Court accepted that a violation had occurred and their right to the property was established.

On October 1, 2013, the judgment for just satisfaction was announced awarding the brothers the sum of €5 million for loss of use and for expropriation and moral damages they had suffered because of these violations.

---Applicable to the enclaved---

Amendments to the ‘inheritance law’ in the occupied areas are already underway and the matter is being discussed before the Committee of Ministers of the Council of Europe, said Achilleas Demetriades.

“It is expected to be finally resolved in June 2014. That is when the Committee of Ministers will issue a decision whether the ‘law’ is in fact adequate remedy to satisfy the actions taken by Turkey remedy the breaches which have been established by the 4th interstate application,” Demetriades said.

“I understand certain memos were generated but it’s a matter handled by the Attorney General’s office…I think the properties in Istanbul may very well be the subject matter of a new immovable property commission set up by Turkey to deal with this dormant for quite some time issue,” he added.

Demetriades wondered whether any of the enclaved people will initiate legal proceedings to challenge the new ‘law’ in the occupied areas and then in Strasbourg.  “The matter of the enclaved is part of the interstate application and the government should deal with it,” he said.

Concern: Increasing number of Greek Cypriots selling property in occupied north

Cypriot President Anastasiades expressed concern about the increasing number of Greek Cypriots selling off property in the occupied north stating “They need to realise that, even if this is not their intention, they are creating negative conditions for freedom and reunification and weaken our negotiating position.”

He explained that we should not ignore the fact that the Greek Cypriot properties ‘compensated’ through the property commission in the north are transferred to the Turkish Government.

“It is natural that those who want a solution are those who were victims of the invasion,” he added.

But also those considering selling their properties due to their own financial difficulties are worsening the country’s situation by exposing it to more dangers. "They should think again.”

He also said that a solution to the Cyprus problem can be reached soon if only Turkey finally makes the right steps to demonstrate that it can abide by UN regulations and work towards their aspirations for entry into the EU. 

“It is time for Turkey and Turkish Cypriots to make convincing steps to show that they want and are able to implement UN resolutions and that they can also fulfill the requirements of EU membership.” 

Statements by the Foreign Minister on the Orams case

(PIO) - The Minister of Foreign Affairs Mr Markos Kyprianou, invited by the press to say how the Ministry of Foreign Affairs intends to utilize the British Court of Appeal decision in the case Apostolides v Orams, stated the following:

“The implementation and the execution of the decision is now a legal obligation and we will be following the developments closely. Of course, of exceptional importance to us are the broader consequences and the wider significance of this decision in conjunction with the important Judgement of the European Court, which was in essence adopted by the British Court as well. This decision points out certain legal facts that are very important.

First of all, it is applicable throughout Europe and it applies to all European citizens. The Ministry of Foreign Affairs will become active - we have already been active since the decision of the European Court but now we will become more active, so that the significance of the decision, the illegality of purchasing immovable property and the existing risks for the buyers in illegally purchasing occupied property can be made known to all European citizens. Consequently it is a decision that binds all the member states and the citizens of the European Union and can be executed in the countries where they live.

Secondly, which is also very important, the combination of the European and British decision reaffirms that - irrespective of the occupation and the practical weakness of the state to exercise control on the occupied areas - the Laws and the Constitution of the Republic of Cyprus still apply. This is a message that must be sent, not only to the citizens, the private buyers, but also to the governments of all foreign states, especially the European ones, and all those carrying out business in the occupied areas; the reminder that anything they do must be done with respect for the Laws of the Republic of Cyprus, and of course this also applies for the European Commission which, through various regulations that have been adopted to strengthen the Turkish Cypriot community, is active in the occupied areas.
Thirdly, and this concerns of course the talks in Cyprus, the legitimacy of the positions presented by our side is reaffirmed concerning, not only who the legitimate owners of occupied properties are, but also who should have a say in the management and the fate of this right, who is of course the owner.

So, I totally disagree with the approach of the Turkish Ministry of Foreign Affairs. I do not believe that this decision will complicate the talks. On the contrary, it reaffirms the legitimacy of our proposals and I believe that this should be accepted also by the other side”.

EU must obey Nicosia's rulings, even in north Cyprus, EU court says

(Earth Times) - Luxembourg - European Union member states must enforce rulings by courts in the Greek half of Cyprus even if they cover property in the Turkish-controlled north of the island, the EU's highest court ruled on Tuesday. "A judgment of a court in the Republic of Cyprus must be recognized and enforced by the other (EU) member states even if it concerns land situated in the north of the island," the European Court of Justice said in a statement. The ruling comes in a complex legal dispute pitting a British couple, David and Linda Orams, against a Greek Cypriot, Meletis Apostolides, whose family was forced to leave Northern Cyprus during the Turkish invasion of 1974. Apostolides sued the Orams for buying his family's land from an unnamed third party and building a holiday home on it, demanding that they give him the land back and pay him rent. A Cypriot court backed Apostolides' claim, ordering the Orams to leave the land and pay him damages and costs. Apostolides then took that ruling to Britain, demanding that the British courts enforce it. Tuesday's precedent-setting ruling means that the British courts will have to accept Apostolides' demand, even though there is no way for the Cypriot court to enforce its judgment on the divided island. "The fact that the land concerned is situated in an area over which the government does not exercise effective control ... does not preclude the recognition and enforcement of those judgments in another member state," the court statement said.

Το ΔΕΚ δικαίωσε το Μελέτη Αποστολίδη στην υπόθεση Όραμας

(Phileleftheros) - Λουξεμβούργο: Το Δικαστήριο Ευρωπαϊκών Κοινοτήτων δικαίωσε σήμερα το Μελέτη Αποστολίδη στην υπόθεση εναντίον του ζεύγους Όραμς. Ο Αποστολίδης είχε κινηθεί νομικά εναντίον του ζεύγους Όραμας επειδή είχαν ανεγείρει οικία σε γη που του ανήκει στην κατεχόμενη Κερύνεια και αρχικά δικαιώθηκε από κυπριακό δικαστήριο. Ωστόσο, πρωτόδικη απόφαση βρετανικού δικαστηρίου υποστήριζε ότι αυτή δεν μπορούσε να εκτελεστεί από τη βρετανική δικαιοσύνη.

Ο Αποστολίδης εφεσίβαλε την απόφαση με αποτέλεσμα το Εφετείο της Βρετανίας να αποστείλει στο Δικαστήριο Ευρωπαϊκών Κοινοτήτων την υπόθεση για τη λήψη τελικής απόφασης.

Σε δηλώσεις του από το Λουξεμβούργο, ο δικηγόρος του Ελληνοκύπριου Μελέτη Αποστολίδη, Κωνσταντής Καντούνας, είπε πως η απόφαση είναι 100% υπέρ των θέσεων του κ. Αποστολίδη.

Greek Cypriots 'can reclaim land'

(BBC) - A European court has backed the right of a Greek Cypriot to reclaim land in Turkish-controlled northern Cyprus that has since been sold to a UK couple.

Meletis Apostolides was one of thousands of Greek Cypriots who fled his home when Turkish forces invaded in 1974, following a Greek-inspired coup.

The land was later sold to Linda and David Orams, who built a villa on it.

The European Court of Justice says a ruling in a Cypriot court that the villa must be demolished is applicable.

Even if the ECJ ruling cannot be enacted because the land is under Turkish Cypriot control, it means Mr Apostolides will be able to pursue a claim for compensation in a British court.

It could also open the way for hundreds more Greek Cypriots to demand restitution for properties they were forced to flee.

British Couple Must Demolish Cyprus Home, EU Top Court Says

(Bloomberg) -- A U.K. couple ordered by a Southern Cyprus court to demolish their holiday home in the northern part of the island, are bound by the ruling, the European Union’s highest court said.

The European Court of Justice in Luxembourg today said that a judgment from a judge in the Republic of Cyprus in the south must be recognized by EU countries even if it concerns land in the northern part of the island.

Linda and David Orams, a retired British couple have been entangled in litigation across Europe since the court’s 2004 order. Their dispute took a twist when London’s Court of Appeal in 2007 questioned whether the ruling could be enforced in Northern Cyprus, an area recognized only by Turkey and not part of the EU.

The ruling, which can’t be appealed and has to be followed by the U.K. court, has implications for thousands of Britons who own property in Northern Cyprus. The Orams, from Hove, England, said they invested 160,000 pounds ($230,000) in their holiday home in Lapithos, a region in the north occupied by Turkish troops in 1974.

The Cypriot court ordered the Orams to tear down their property in the Turkish Republic of Northern Cyprus, return the land and pay damages to Meletis Apostolides, an architect whose Greek Cypriot family originally owned the land.

Apostolides applied to have the judgment recognized in the U.K. which would allow him to seize the couple’s assets. He argued that since the U.K. and Cyprus were both EU member nations, the ruling was enforceable across the region.

The case is C-420/07 Apostolides v Orams.

ECJ to rule on Orams

(Cyprus Weekly) - FAR REACHING IMPLICATIONS FOR PROPERTY ISSUE

The European Court of Justice will on Tuesday rule on the high profile Orams case which is set to have far reaching effects on the issue of refugee properties in Cyprus.

The ECJ preliminary decision will determine whether EU citizens who are penalised by Cypriot courts for buying refugee property in the occupied part of Cyprus, can have the Cypriot court decision enforced against them in their home country under EU Regulation 44/2001.

It follows an appeal by Greek Cypriot refugee Meletis Apostolides, who sought to enforce a 2004 local court decision in the UK against David and Linda Orams for illegally building a luxury villa on his Lapithos property.

The Advocate General of the ECJ Juliane Kokott in an opinion published in December 2008 fully endorsed Apostolides’ arguments, expressing also the view that the negotiation efforts to solve the Cyprus problem do not constitute public policy grounds on which to reject the appeal.

But Apostolides’ lawyer Constantis Candounas in a press release this week stressed that the Advocate General’s Opinion is not binding on the Luxembourg-based European Court of Justice.

Apostolides and his lawyer will give a conference on their return from Luxembourg.

Irrespective of the final outcome, Apostolides expressed thanks to the Government of Poland, the Hellenic Republic, the Government of the Republic of Cyprus as well as the Commission of the European Communities for submitting written observations in the proceedings before the ECJ.

Warning about purchasing in the "TRNC"

This web site was setup by disgruntled British property buyers in the north occupied part of the island.

Property Talks Drag On

(Cyprus Weekly) - President Christofias and Turkish Cypriot leader Mehmet Ali Talat are going nowhere fast on the complex property issue.

A large question still hangs over this chapter with an apparent inability by the leaders to bridge a fundamental divide on property.

Christofias himself has admitted there are “serious differences” and this week’s three-hour meeting between the two was still bogged down on the criteria to be agreed on to resolve property matters.

“They have been discussing for the last two weeks or so the criteria to define the parameters under which the discussions should continue,” said UN chief of mission Taye-Brook Zerihoun.

“After that they will make a decision whether those discussions will continue in other fora,” he added.

It is understood that Talat wants a property committee established to thrash out thorny problems.
While the Greek Cypriot side’s core argument is the restitution of property rights to refugees, Talat is said to be steering discussions into one of compensation and land swaps rather than uphold the original owner’s right to their home.

UN special envoy Alexander Downer has gathered his own team of experts to help him grasp the complexities of such negotiations.

Since fresh peace talks were launched last September the leaders have met 20 times – including three on property -- in a process turning out to be a test of endurance.

Negotiations will resume next Thursday and after that the leaders have decided to move on to discuss EU-related matters.

Viewing News dated :26/02/2009 18:41:38

Legal problems with Northern Cyprus property

(Times Online) - Following a ruling by the European court, British owners face huge damages

Kasia Maciejowska

Britons who bought holiday homes in Northern Cyprus may be forced to pay thousands of pounds in damages to the original Greek Cypriot owners of the land, following a ruling by the European Court of Justice in Luxembourg. The judgment, expected later this year, will conclude a case that began in 2005, when a Cypriot court ordered a British couple, Linda and David Orams, to demolish their villa to pay compensation to Meledis Apostolides — the Greek Cypriot legal owner of the land. Like many other Britons, the Orams bought the land from Turkish Cypriots who took ownership illegally following the Turkish invasion of 1974, when an estimated 170,000 Greek Cypriots fled their homes. The case was referred to the EU court after the Orams opposed the ruling. The Advocate General, whose opinion is usually followed, has backed the Greek Cypriots. If this opinion is upheld, damages to the dispossessed population could be enforced against any assets owned elsewhere in the EU by non-Greek property owners.

Thinking about buying property in Occupied Cyprus?

Anyone considering buying property in the occupied North of Cyprus should exercise caution. Take a look at this recent letter (04.05.06) that was published in the Cyprus Times newspaper:

Sir,

I would appreciate your assistance in bringing to public attention the possible problems in purchasing property in `TRNC´. Last July 2005, my wife and I entered into a contract with a builder to have a property constructed in Alsancak (occupied Karavas). We signed contracts and deposited 19,000 Sterling Pounds as the initial installment. In October, we were advised by the Estate Agent who was managing the development that the builder had mistakenly signed the property to another party. From then until now, our lawyer has been unable to recover our money, despite promises from the builder.

I feel it may need to be brought to public attention and in particular any Europeans who may be considering purchasing property in `TRNC´ of the possible problems which may occur.

If your newspaper were to investigate the background to this problem it may assist others in the future, and hopefully prevent the reputation of the building industry from being tarnished.

I trust you find this of consumer interest, and look forward to hearing from you.

Regards,

Mr Jim Gallacher

Date set for Orams decision

From The Cyprus Weekly:

Decision in Orams case on invasion anniversary

EXCLUSIVE

By Philippos Stylianou

ON THE anniversary of the Turkish invasion this summer, the London High Court will deliver its final judgment on the controversial Orams case, which is expected to have an enormous effect on the future of Greek Cypriot refugee properties in the occupied areas.

Lawyer Constantis Candounas, who has asked the High Court to enforce a decision by a Cypriot court ordering David and Linda Orams from Hove, Sussex, to return land property to his client Meletis Apostolides, said the trial had been set for July 18, 19 and 20.

The action, under an EU regime making possible the enforcement of court decisions of one member state in the courts of another, was filed on December 21, 2005 and, besides being the first of its kind in the UK, it became even more controversial when the Orams retained the legal services of Cherie Blair QC, wife of the British Prime Minister.

Candounas told The Cyprus Weekly that he attended a hearing at the High Court with the Orams’ solicitors on March 1, 2006, during which the Court gave instructions for Apostolides’ expert witnesses to submit their evidence by March 29.

The Orams were to reply within a week, which they did, and then the lawyers of both sides were given two weeks to meet together.

Not easy

Called by The Cyprus Weekly to say if the date coinciding with the 32nd invasion anniversary carried any special significance, Candounas said it was very fortunate that they could get such an early date.

He explained that it was not easy to find a time slot suiting the lawyers of the two sides and the High Court judges.

Cherie Blair tried to get a postponement until Linda Orams’ appeal to the Cyprus Supreme Court against the ruling of the court of first instance was heard, but the High Court rejected this, as it could have taken as long as a year to 18 months.

Leading the UK legal team for Meletis Apostolides against Cherie Blair and other lawyers from the Matrix Chambers, will be Thomas Beazley QC, of Blackstone Chambers, with Simon Congdon of Holmans Fenwick Willan Solicitors and another QC from Brickstone Chambers.

Unaware

Linda and David Orams claimed they had bought Apostolides’ property in Lapithos, near Kyrenia, in good faith from a Turkish Cypriot without being aware of the legal and political implications and build a luxury villa there.

The Nicosia District Court ordered them to demolish the villa and return the property to its rightful owner. In the face of the Orams’ refusal to comply with the decision and being unable to enforce it because of the Turkish occupation in northern Cyprus, Apostolides can ask to have the judgment executed against the Orams’ UK property.

The British High Court will not review the merits of the case but will decide on matters of procedure and public policy.

The development has slowed down the arbitrary sale of Greek Cypriot refugee properties in the occupied territories, mainly to UK nationals, which had reached alarming proportions.

It would be no exaggeration to say that the High Court decision will seal the fate of the Greek Cypriot refugee properties either way.

What kind of Justice is this?

Below is an article (05.03.06) by columnist Sener Levent from the Turkish Cypriot daily AFRIKA. The translated English version was found on the Cyprus PIO website. An exceptional article worth reproducing it here in its entirety. The following is the full text of the translated English version with original spelling, grammar and punctuation:

In fact the tragedy of the Greek Cypriot community is graver than the tragedy of the Turkish Cypriots.

Just think about it

This country is under occupation for the last 32 years and unfortunately they (Greek Cypriots) were unable to explain this occupation to the world. They were unable to force neither the UN, nor the EU and nor the other International organizations to take strong and effective sanctions against the occupier.

On top of it after so many years of occupation the Greek Cypriot side was put on the accused and guilty chair.

The occupier was declared innocent and those who were under occupation guilty.

For this an Annan Plan and a referendum was enough

All of a sudden the occupier was declared favoring peace and settlement and those who are under occupation against peace and solution

What kind of Justice is this?

Do you know the biggest opponents of the settlement in Cyprus?

The biggest opponents of the settlement in Cyprus are those who say that the obstacle for the solution is Tassos Papadopoulos.

This is an understanding that totally denies the political will of the Greek Cypriot community and it is a propaganda that for a long time now is being systematically injected to everybody. And unfortunately some Greek Cypriot intellectuals are being knowingly or unintentionally became an instrument to this propaganda. The peoples will expressed during the referendum totally are ignored and huge 76% no is attributed to Papadopoulos. It means that Papadopoulos `no´ had no effect. In fact it had harmed the Greek Cypriots. I wish he would have said `yes´ during the referendum. Because at that time peoples `no´ would have been better understood.

He then comments on a recent poll that 48% of the Greek Cypriots said no to living with the Turkish Cypriots. Sener Levent justifies the Geek Cypriot no and says that if he was a Greek Cypriot his answer was not going to be different when the Turkish Cypriots brand the 20 July invasion as liberation and keep silent when return of Varosha is in question or when they usurp immovable property that belong to the Greek Cypriots and sell them with illegal title deeds to foreigners in the north.

Complacent attitude to Blair’s Oram's defence

Blair has not visited occupied northern Cyprus in connection with her defence of a British couple who have been ordered to tear down a built on house on property belonging to a Greek Cypriot refugee, British Minister for Europe Douglas Alexander has confirmed.

In his written response to Theresa Villiers MP, Alexander said nor was Blair the guest of the British Consul-General when recently visiting Istanbul in her professional capacity.

The Government warns British citizens, through its online travel advice and in response to enquiries, of the risks purchasers face when buying in northern Cyprus, said Alexander.

Cherie Blair’s decision to defend the Orams has already caused a diplomatic outcry from the Cyprus Press and Government. In April last year EU newcomer Cyprus warned it would use courts in other EU countries to enforce decisions against property investors who had bought property in northern Cyprus that Greek owners had been forced to abandon when Turkey invaded the island. This followed a European Court of Human Rights decision upholding the property rights of one such Greek owner against the Turkish Cypriot occupiers of her property.

It put the number of Greek Cypriots affected at over 200,000 and estimated that between them they hold valid titles to approximately 82 per cent of the privately owned land in the occupied areas. UK property investors have been prominent buyers of properties in northern Cyprus where prices have tended to be cheaper than in the south.

Villiers said that although it was a relief to hear Blair had not visited Turkish occupied Cyprus in relation to the case, she was still dismayed at the complacency of Alexander’s letter. The Government was trying to bring the two sides together in Cyprus, but the Foreign Office did not seem even to be worried about the controversy caused by Blair's involvement in case.

'In defending the Orams, she is flatly contradicting the advice of the Foreign Office by actively supporting those who have gone against this advice and “bought” land owned by refugees’, she said, vowing to campaign for the Government to strengthen its advice to those thinking of purchasing property in occupied northern Cyprus.

Strained Relations?

Anyone reading the Cypriot press lately is undoubtedly aware that there has been controversy and strained relations between Britain and the Cypriot government. In fact, relations between the two governments have been cool since the introduction of the Annan plan. More recently, Foreign Secretary Jack Straw planned a fence-mending visit to Cyprus this month but the trip is now unlikely to occur due to another dispute...this one involving Mr. Straw's meeting with Mr. Talat. The government of RoC is seeking a neutral venue for the meeting instead of the one planned in the Presidential offices of the secessionist entity, worried the meeting itself would give political credence to the breakaway state. While relations with Blair’s government have not been smooth...voices of support have been heard from members of the UK parliament, particularly from the conservatives. Two articles in the Cypriot press mentioning two British MPs...the first article talks about Conservative MP Roger Gale speaking at the House of Commons on property matters in occupied North.

British MP condemns Cherie Blair’s involvement in property case
11/01/2006

British MP Roger Gale (Conservative for North Thanet) has condemned the involvement of the Prime Minister’s wife, Cherie Blair, in a property case relating to occupied Cyprus. Speaking at the House of Commons on Monday, following receipt of an answer by Minister Douglas Alexander to a written parliamentary question, Mr Gale said the Downing Street position seemed inconsistent with the Foreign Office position with regard to property matters in occupied Cyprus. He then explained that it was “not good enough for the Prime Minister’s wife, acting in any ‘professional’ capacity, to defend the interests of those exploiting stolen and occupied property in the northern part of the island of Cyprus” while the Foreign and Commonwealth Office was declaring that the British Government warned British citizens of the risks of purchasing property there. Mr Gale also noted that Cherie Blair’s involvement in a case “allegedly funded by a former North London Turkish Cypriot Labour Councillor and seeking to defend the interests of British nationals who claim to ‘own’ a villa built on land belonging to a Greek Cypriot refugee, is clearly designed to bestow legitimacy upon an illegal regime and upon the illegal development of the villas that are now smothering the northern part of the island”. “Once again it would seem that venal self-interest is taking precedence over the legitimate rights of those who have had their properties illicitly taken from them”, the British MP concluded.

The Financial Mirror today is mentioning conservative MP Theresa Villiers of Barnet who on Tuesday had sharply questioned Foreign Secretary Jack Straw. Here are extracts of that debate in the House of Commons.

Mrs. Theresa Villiers: If he will make a statement on progress towards a settlement which will reunite Cyprus.

Mr. Jack Straw: As the UN Secretary-General noted in his report of last December, progress toward a solution on Cyprus has been negligible at best. We believe that a comprehensive solution can only be achieved under United Nations auspices, but the UN reported a widening gap and little confidence between the two communities over the past year. Ultimately, both communities have to demonstrate the courage and flexibility required to resume negotiations towards a comprehensive settlement, and we shall play our part in that.

Mrs. Theresa Villiers: There is a development boom in northern Cyprus, much of which is taking place on land that its owners fled from, as refugees, after the Turkish invasion. Will the Secretary of State strengthen the advice on the Foreign Office website urging British tourists and holidaymakers not to buy property in northern Cyprus that might have been stolen from its Cypriot owners?

Mr. Jack Straw: The advice that we give at the moment is appropriate but of course, we will always keep it open to review. This is a very complicated issue that goes back many decades. We are seeking to help bring both parties together, which is one reason why I worked so hard to open negations with Turkey on 3 October on membership of the European Union. Only when Turkey, Greece, Cyprus and the two communities recognize that their mutual interests are stronger than their historic antagonisms will we get a settlement.

Eupro

Eupro has generated a lot of commentary in the Cypriot press recently ... specifically regarding its role in the Oram's case. Eupro is a Lobby group that has built a huge war chest to defend the rights of foreigners, mostly from Western Europe who are living in properties whose previous owners were forcibly expelled in the North of Cyprus. Eupro's website address is http://www.eupro.co.uk ... the site mostly consists of opinions that run counter to the truth. This association boasts about being in the front line of the Cypriot property dispute. Wonderful, it should also boast about being a mouthpiece for Turkish propaganda. A fact that is evident when one explores Eupro’s site ... why even its useful links section contains disinformation. The Cyprus Mail is listed in the links section but is only "Recommended for anyone interested in the brainwashed politics of Greek Cypriot Cyprus..."

Legal Fees

Mrs. Blair is back in the news. New details of Mrs. Blair’s involvement in the Oram’s case have been uncovered, please read below for more details.

We are paying Mrs. Blair gbp 200,000.
Getting her on the Turkish side...
(The Mail on Sunday Via Thomson Dialog NewsEdge)
Cherie Blair was last night at the centre of a fresh row over her business affairs after a Mail on Sunday investigation uncovered new details about her latest high profile legal case.

More from Jean Christou on this developing story below:

REPORTS in a British newspaper that the Turkish government is paying part of Cherie Blair’s £200,000 Sterling fee to defend the Orams shows that the case has political significance despite protest to the contrary by Downing Street, the government said yesterday. 

Britain’s Mail on Sunday went undercover to investigate the case of Linda and David Orams, who are attempting to justify their possession of land in the north belonging to Greek Cypriot Meletis Apostolides. 

The British Prime Minster Tony Blair’s barrister wife is taking part in the defence of the couple, who are appealing a Nicosia court decision ordering them to demolish the £160,000 villa they built on Apostolides’ property in Lapithos. 

As the Nicosia court cannot enforce its decisions in the north, the case has been accepted by the UK courts. 

Cherie Blair’s law firm Matrix, was brought in by the Orams’ Turkish Cypriot lawyer Hassan Vahib, 44, a property developer and former Labour councillor in London, who is also one of the parties paying the couple’s legal costs. 

Downing Street has insisted that Blair is acting in her professional capacity as a lawyer but a reporter from the Mail on Sunday discovered otherwise while posing as someone interested in buying property in the north. 

The paper said it spoke to the operations manager of Vahib’s property firm Troy Lake UK (Cyprus) Ltd, Firtac Ortac, who confirmed the firm was contributing to Cherie Blair's costs and that the reason for hiring her was because of her political influence. 

“At a meeting with an undercover Mail on Sunday reporter he said: 'We are paying her more than £200,000. The clients are not paying. We are. We can afford it and we have much ourselves to gain. When Mrs Blair wins, it will set a precedent and the market will rocket.' 

“Ortac also said that the hiring of the Prime Minister's wife was, for them, a political act, the paper said: “We have about 25 lawyers working for us, so there is no shortage of legal brains. But you see the North-South dispute is also very political. 

“They (the Greek Cypriots) have made it political, so now we get political too. What can be better than getting the wife of the British Prime Minister on our team? She is a noted human rights lawyer too, so simply getting her involved and on the Turkish side is fantastic,” he added.
Ortac claimed that the Turkish government was also paying Blair because they were 'playing a political game' and boasted that Vahib was in regular contact with Turkish President Ahmet Necdet Sezer, the paper said. 

Blair agreed to take the case following hush-hush meetings with Vahib and the Orams in Istanbul last May. “Cherie Blair spent three days in the city, during which she was a guest of the British consulate. However, she demanded that the reason for her trip be kept confidential,” it added. 

Another property developer, several of whom are involved in financing the case, said they were hoping she could use her political influence in the case. “What can be better than getting the wife of the British Prime Minister on our team?” said one. “When Mrs Blair wins, it will set a precedent and the market will rocket.” 

Government spokesman Kypros Chrysostomides said it was obvious from the report that those who hired Blair hired her specifically in order to exploit her politically as the wife of the British Prime Minister. 

“What is particularly important is that someone appears to admit that the Turkish Government will pay all of part of the fees of Mrs Blair,” he said. 

“Perhaps they believe by hiring her they might be able to influence the course of British justice. Is the impression not created that by accepting such a politically loaded case, Mrs Blair has given insufficient weight to her position as the wife of the British Prime Minister?” 

Chrysostomides said it should also be borne in mind that the British Foreign Ministry has on many occasions published warnings to Britons about the legal minefield of purchasing property in the north. “It seems Mrs Blair has not taken these warnings into consideration,” he said. 

The Orams told the Mail on Sunday that they had agreed with their legal team not to speak until after the conclusion of the case. 

“All I can say to you now is that we are extremely confident of winning,” Linda Orams said. 

My personal opinion: How can Mrs B-liar, sorry I mean Mrs Booth, not now withdraw from this case?

War Chest

The RoC government estimates as many as 10,000 foreigners living in Greek Cypriot property in the North. The Turks are obviously selling off occupied land to citizens from Western Europe in an attempt to prevent Greek Cypriots from returning to their properties. Greek Cypriot refugees like Mr. Apostolides continue to claim their title deeds through legal means, because of this...thousands of EU citizens, mostly Britons, this year formed a UK-registered lobby group to defend the rights of foreigners living in properties formerly owned by Greek Cypriots. This lobby group has built a huge war chest that is currently being used in the Orams trial. An assault on this war chest should be made immediately by opening up new lawsuits against foreigners who are citizens of an EU member State other than Britain and who have purchased property in the North that is in dispute. Speaking of the Orams, new developments today...please read below for more details.

British court to hear Orams case
Meanwhile criticism mounts over Cherie Blair’s involvement in the case

By Philippos Stylianou

As Greek Cypriot reaction to the involvement of the British Prime Minister’s wife Cherie Blair in the controversial Orams case widens, the High Court in London is today expected to hear the positions of the two sides and decide how to proceed.

Turkish Cypriot UK solicitor Hassan Vahit, who appears for Linda Orams, said Cherie Blair had made a significant contribution in drafting Mrs Orams’ appeal. He noted that he expected the trial to open towards either the end of January or the beginning of February 2006.

Constantis Kandounas, the Nicosia lawyer of Greek Cypriot refugee Meletis Apostolides who won a Nicosia District Court decision against the Oramses, said they were waiting to hear what the Attorneys of the other side had to say in the British Supreme Court.

He did not rule out that Cherie Blair acting for the Orams would ask for a postponement until an appeal by Linda Orams in the Supreme Court of Cyprus was heard. A date for the hearing of the Cyprus appeal has yet to be set.

The Cyprus court ordered Linda Orams and her husband David to demolish a luxury villa they built on land they had bought from a Turkish Cypriot in the occupied part of Cyprus and which belonged to Meletis Apostolides.

British assets

In the light of being unable to enforce the decision in the occupied areas, Apostolides asked the decision to be enforced in the British Courts against the Orams’ British assets under an EU arrangement.

The British High Court will not dwell on the merits of the case but on matters of procedure and public interest.

Asked to comment on the retaining of Cherie Blair from the Matrix Chambers to represent the Orams in the case, Candounas simply said: “We are delighted.”

His client Meletis Apostolides has retained the services of Blackstone Chambers, one of the most prestigious of the UK, with Thomas Beazley QC leading a team of other lawyers and solicitors. They include Simon Congdon of the Holmans Fenwick Willan Solicitors and another QC from Brickstone Chambers.

“We regard the issue as a strictly legal one and we shall fight along the lines of an impartial and objective process,” Apostolides himself said when asked about having the British Prime Minister’s wife against him.

Cherie Blair nee Booth spoke out on Wednesday for the first time in the face of mounting criticism for undertaking the defence of the Oramses.

Autonomous

Repeating what the British High Commissioner in Nicosia had already said, she told the daily ‘Simerini’ that her capacity as wife of the British Prime Minister had nothing to do with it. “I am an autonomous lawyer and follow the rules of my profession,” she said.

Mrs Blair added that the Orams had bought the property in good faith and now they risked losing that property and their property in the UK without any compensation.

Commenting on Cherie Blair’s statement, Government Spokesman Kypros Chrysostomides said yesterday that he did not think the rights of the Orams weighed more heavily than the rights of the Greek Cypriot refugees.

He added that all these matters would be raised with the British government in the context of the dialogue established when President Papadopoulos met Prime Minister Tony Blair in London.

The British Charge d’ Afaires in Cyprus Robert Fenn Peter was summoned to the Foreign Office to hear a complaint from Permanent Secretary Sotos zakhaios about Mrs Blair involvement in the Orams case.

Although President Papadopoulos and Foreign Minister George Iacovou expressed their strong displeasure at the development, they both stated their trust in the impartiality of British justice.

Cypriot reactions to Cherie Blair embracing the cause of Britons who bought stolen Greek property in the occupied areas against official British policy was given wide coverage by the British press.

The National Federation of UK Cypriots said the Cypriot community was upset, bitter and disappointed at the action of Mrs Blair to support before the court of justice those who violated the human rights of Greek Cypriot refugees and international laws and principles.

They called on her to reconsider supporting the usurpers of other people’s property.

Poltical parties and organisations issued statements condemning Cherie Blair’s action.

Brian Coleman, London Assembly Member for Barnet and Camden has criticised Cherie Blair’s decision to defend the Orams. In an announcement he said:
“I am appalled that Cherie Blair has chosen to defend Mr and Mrs Orams. People who buy illegally acquired properties are making the situation in Cyprus far worse for those dispossessed by the Turkish invasion. I hope this case will serve as a warning to others that buying illegally acquired properties will not be tolerated.”

Cyprus Weekly, December 2005

Domestic Remedies

Some Turkish columnists are delighted at the recent ECHR ruling in the case of Ms. Aresti even though Turkey was found guilty of human rights violations. Perhaps these columnists welcomed this decision because they are champions of human rights? Far from it, they welcomed the court’s ruling because they believe it to be a recognition of the legal system in the occupied north. Mr. Birand from the Turkish daily news in his column today stated “Even if it (court’s ruling) doesn’t mean any official recognition of the KKTC (occupied North), it certainly recognizes it as an entity.” Last April, ECHR ruled in this same case that effective domestic remedies were not possible because restitution was not being offered. Now the court is saying that a domestic remedy may be possible only if there is a genuine effective redress. To Mr. Birand, a genuine effective redress means...“This means the Greek Cypriot petitions will be postponed for at least 10 years. Turkey and the KKTC will gain some time, and the threat of paying so much compensation will be removed for a while.” What a humanitarian. Fortunately, that is not what the court's decision means, lets see what the court really says...“Turkey should introduce a remedy, within three months, which secures, in respect of the Convention violations identified in the judgment, genuinely effective redress for the applicant…”The court goes on to say "Such a remedy should be available within three months and redress should occur three months after that." So you see, its not 10 years as Mr. Birand stated. The court is seeking a proper remedy in a couple of months. Before the ECHR ruling, Mr. Talat expected the ruling to recommend that Turkey open internal judiciary means for refugees, that is why he rushed to create a new property compensation bill. Addressing concerns from Turkish nationalists, Mr. Talat said this..."The target of the new property law (adopted by the occupied North) does not aim to solve property problem in Cyprus." Correct, the target of this law is world public opinion. It is nothing more than a show meant to cover up the unprincipled reality that is the aftermath of the Turkish Invasion. The Turks are seeking more time to cement the division of Cyprus as 31 years is not long enough and they will hammer away at the idea that it’s the Greek Cypriots fault for maintaining this division. After all, it is the Greek Cypriots who rejected last year's Annan plan. Mr. Birand in his column today did not mention the “NO” vote once, he mentioned it twice. Well, Turkey succeeded in gaining time...a short period of time. The true test will be if Turkey allows Ms. Aresti access to her property. If not, will the ECHR accept the chump change offered by the Turks as compensation for lost property?