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?

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.

The Will of the People

Joost Lagendijk, a European Parliamentarian from Netherlands and co-president of the Turkey-EU Joint Parliamentary Commission gave a speech in Istanbul today where he brought up the issue of Cyprus. According to Mr. Lagendijk, the EU made a big mistake in accepting a divided Cyprus as a member and noted that Turkish Cypriots and the Turkish government supported the Annan plan. In light of this, certain EU leaders were exerting efforts on behalf of the Turkish Cypriots. Clearly Mr. Lagendijk does not speak on behalf of all the people of Netherlands and he has a right to his opinion. Frankly, it’s an opinion that holds no water. With his logic, Netherlands should have been isolated from the rest of the EU because it did not vote “Yes” to the EU referendum. When the Netherlands said “No” to the EU constitution...the Cypriot government said that it stood by the people of Netherlands and that it respects the will of the people of Netherlands. Rejecting the EU constitution does not affect only Netherlands...it affected the entire EU. The Cypriot government approved the EU constitution yet it stood by the decision of the people of Netherlands. The people of Netherlands, rightly so… expect a revised EU constitution that addresses the concerns of its people. The Cypriots are asking for the same thing with the Annan plan. Why should we be treated any differently?

The PR campaign

You will find one sided news articles printed daily when it comes to the issue of Cyprus. A PR campaign is in full swing…its purpose is to see that Turkey is successful with its EU accession course.

Turkey must become an EU member only if it properly complies with EU norms. Is it Europe that is joining Turkey or Turkey joining Europe?

I have read many one sided stories on Cyprus and none were as offensive as the article I read today. Surprisingly enough, this article in question is not from a Turkish daily. No, it’s from the other guarantor power…the UK. Britain is supposed to be a guarantor power of one state in Cyprus not two. The Telegraph states “We called for Turkish intervention in Cyprus when the pogroms began in 1963, and warmly applauded the troops when they landed in 1974. More recently, we championed Turkey's accession to the EU.”

Forget about using war as a last resort. Apparently when it concerns Cyprus...the invasion of 1974 did not come soon enough. One of the many reasons why Cyprus rejected the Annan plan was because it would have strengthened guarantor powers. This article by the Telegraph is simply another confirmation for those who overwhelmingly rejected the plan.

Surreal Events

Mr. Selcuk Gultasli from the Turkish Daily Zaman doesn’t hold back his displeasure at the “sequence of surreal events in Cyprus” which is what he titled his column today. Like so many other Turkish columnist, he starts off his column by reminding us of who it was that rejected the Annan plan … “We wrote hopeful stories after the Greek Cypriots said “no” to the Annan Plan." Mr. Selcuk Gultasli also quotes from the then-EU Commissioner for Enlargement Gunter Verheugen…“The Greek Cypriots cheated on us.” Perhaps Mr. Gultasli can tell us what Mr. Verheugen said about the elections in northern Cyprus and Kurdish rights in Turkey or did Mr. Gultasli not keep those quotes for his columns? Mr. Gultasli then compares The President of Cyprus to that of Austria’s Joerg Haider. Why all this rhetoric? Because The President urged the Cypriots to vote down the plan which would have happened at any event as the majority were against it. It was our democratic right to say we want better and that obstructionism will not lead to concessions in negotiation. Mr. Gultasli questions the EU’s reputation for…as he put it “rewarding” Cyprus and not isolating it and its President, Papadopoulos. He resents the fact that Cyprus is in the EU and as such, playing a role in Turkey’s accession course. Joining the EU was no reward for Cyprus…it earned it by closing all 30 chapters. If Mr. Gultasli is looking for a reward being handed out then he should look no further then the first sentence in his own column. The Turks rewarded with the Annan plan had many people taken aback at the surreal events in Cyprus.

A wolf in sheep’s clothing

The Turkish Cypriots thought they had a reformist in Mr. Talat but instead they wound up with a wolf in sheep’s clothing. For some time now, Mr. Talat among others coordinated a smear campaign to ridicule the President of the Republic concerning the issue of Ledra. Chuckling with such comments as “We could put up a curtain for them if they wish.” Mr. Talat tried to show the world that its the current leadership in Cyprus who wants to maintain the status quo. Mr. Talat suggesting that if Mr. Papadopoulos is stubborn on a simple crossing how will there be an agreement on a possible solution to Cyprus. The implication of this being that maybe its time for countries to deal directly with the North of Cyprus because finding a solution with the current Cypriot President will not be possible. Ironically, it was the current leadership in Cyprus…Mr. Papadopoulos government who first suggested the Ledra crossing in 2004. The Cyprus mail today has reported that the Turkish Cypriot shop owners in Nicosia have announced a large protest on Friday calling on Mr. Talat to remove the bridge. “We do not agree that the bridge should be there. It is both meaningless and an obstruction to the free flow of people between the two sides,” Turkish Cypriot Shop Owners Association head Hurrem Tulga told the Cyprus Mail yesterday. But it appears that Mr. Talat is too busy trying to sway world public opinion than do what he was brought to power for and that is making reconciliation between the two communities possible.

Direct Trade

They're several personalities making the news today--all raising the same point and that is direct trade between the EU and Northern Turkish breakaway State. Mr. Talat who was addressing the conference at Sabanci University in Turkey said “End of isolation will bring Greek Cypriots to negotiating table.” Mehmet Ali Birand from the Turkish Daily News also brought up the same issue in his column. Mr. Birand reminded us today once again of who rejected the Annan Plan. He starts off his article by saying “Following a "no" vote from the Greek Cypriots in a referendum on the Annan plan”… and then he goes on to say that there is no direct trade between the EU and Northern Cyprus because of the “lies Papadopulos told the EU.” Isnt direct trade an economic attribute of an independent state? Who are these people kidding? In his article, Mr. Birand goes on to criticize Rauf Denktas for not being cunning enough with the previous plans for if he was…Cyprus might not have been admitted in the EU. I remember reading a lot of news articles back then and I don’t recall any columnists from Turkey criticizing Rauf Denktas for his strong opposition to previous plans. In the last few lines of Mr. Birand’s article, he concludes by saying “And that is the story of how we arrived at the point at which we are today with the Greek Cypriots, who hate us.” He categorizes all Greek Cypriots as hating Turks. What an absurd statement to make by a Turkish columnist who is clearly throwing up a smoke screen. Maybe Mr. Birand can tell us which group of people actually enjoy being forcefully displaced?

Ill-gotten assets

If you ever have read articles on Cyprus from certain sites...it’s a sure bet you have come across advertisement on buying property from Northern Cyprus. I recently read an article where I was bombarded with adds to such an extent that I had a hard time reading the article itself. Before you sense financial gain, here is another sure bet...you run the risk of losing all your money exploring such an endeavor. According to official records from the RoC, ownership of private land property in the North belongs by 82% to Greek Cypriots. Heartened by support from the European court of human rights...thousands of Greek Cypriots are launching legal proceedings that are now pending before ECHR. As a result, you may discover that what you really hold is a worthless title deed.

A human rights issue?

Just read an article that was picked up by several news wires. This article was about Turkish Cypriot Football players stripping off clothing in protest of the embargo. A publicity stunt organized by Huseyin Caglayan. He happens to be a UK fashion designer said the article. Mr. Huseyin said “This campaign is about human rights, not politics.” So “Balls to Embargoes!” is a human rights issue and not some perverted fetish he may have…very well then. Tell us when your campaign relating to Turkey’s embargo on Armenia will begin. Yes...Turkey, the only democratic country in the entire world that has a trade embargo on Armenia. Showing once again it will do as it pleases even if it means disregarding international norm. Speaking of the Caucuses…lets focus in on Armenia’s neighbor Azerbaijan. It seems that the election held in Azerbaijan a couple of weeks back had some voting irregularities to say it mildly. This however was never picked up by news wires…no, instead we have “Balls to Embargoes!” This only proves to show that there is a double standard when it comes to this region.

Credibility of the E.U.

I remember reading a Turkish news article that talked about Turkey's accession to the European Union. The article complained about possible brief restriction on Turks moving westward into the bloc once Turkey joins. The Turkish article hammered away ... the E.U. is a restricted private club. Interestingly enough ... no mention was made in that article on Turkey pushing for and receiving even harder restrictions on Greek Cypriots going to the North as envisioned in the Annan Plan. Now we see that it’s the credibility of the E.U. that keeps the Turkish FM awake at night. Wasn't Turkey's EU accession suppose to set the country on a course of dramatic transformation? Wasn’t Turkey suppose to normalize relations with its neighbors, particularly with Greece, Armenia and Cyprus before it joins the union? Turkey, a country that has violated UN and SC resolutions now numbering over 120, is worried about the credibility of the EU. The hypocrisy of it all...


From the Cihan News Agency:

Published: Friday, December 09, 2005
zaman.com

Foreign Minister Abdullah Gul urged the European Union to aid solving the problem in Cyprus.

"The EU should just help to solve the problem but should not exhibit an attitude which promotes non-solution. This will damage its credibility," Gul told a Brussels news conference on Thursday.