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ECHR REJECTS GREEK CYPRIOT OPPOSITION TO TRNC JUDGES

How can we solve it? (keep it civilized)

Postby zan » Thu Sep 13, 2007 9:59 am

The situation is that the "RoC' is saying that it can use the same tactics as the US do in Guantanamo Bay. They can suspend those rights in the case of TCs and the Cyprob. One rule for those within and one for those without.... :roll: :roll:

According to the Zurich agreement, that should be in practiced today, no matter how many TCs reside in the "RoC" they should have their place in government...Why is that not so?????
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Postby Nikitas » Thu Sep 13, 2007 10:33 am

Copperline

YOU PUT YOUR FINGER ON THE BUTTON regarding the rights and the priority given to propertyless people in this Cyprob discussion!!!!!

It is the main reason I was personally against the Annan plan. It was disgusting to see all kinds of provisions and convoluted schemes included to cover settlers, property developers, usurpers etc and NOT ONE single word for CYPRIOTS who do not own property who might have been given some stake in such a radical land shakeout. Neither was there any provision to encourage the emigrant Cypriots, especially those Turkish Cypriots, who were more less obliged to emigrate to survive after 1974. They were an easily identifiable section of the population and more likely to return because they retained recent ties with Cyprus.

As a non-onwer of land in the north, but a former resident, I can state that the settlements proposed so far, especially the Annan plan, deprive me of more than the case would be had I been a property owner. The owners get compnesation, and those peculiar things called land certificates they can exchange etc. Those who do no own property get zilch, and therefore can say that they really do lose everything, including the most basic access to their ancestral home.

Thank you for your post and for opening a new issue which I hope will get us all thinking out of the groove.

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Postby Nikitas » Thu Sep 13, 2007 10:52 am

Zan,

YOu went from Cyprus to Guantanamo! You accused me of being naive etc in another post. You dont get it either!

If the TRNC was populated solely by Turkish CYPRIOTS and there was no Turkish army then surely I, and many others would have no problem accepting a full return to the RoC situation, even with the territorial division in place. Now we might end up by default, in a situation where we have a fully Turikifed north and a south with Turkish Cypriot partnership as foreseen in the 1960 constitution. And then what? We all agree that the north really is an illegla state and do what about it? I am perhaps jumping ahead too far, but how would the Turkish Cypriot vice president of the RoC treat the "president" of the TRNC? See why I used the word farce to describe the situation at the ECHR?

The problem is not the return to the full implementation of the 1960 constitution, but doing it in parallel with the TRNC. And how would personally regard those Turkish Cypriots who become members of parliament and government official in the south were the 1960 constitution be fully reinstated?
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Postby observer » Thu Sep 13, 2007 10:57 am

Turkish Cypriot judges relieved as ECHR throws out government objections
By Simon Bahceli
ONE of two Turkish Cypriot judges the government sought to have thrown off the bench at the European Court of Human Rights (ECHR) because of alleged partiality said he was “happy and relieved” that the Strasbourg court had found the accusations “totally baseless”.

Metin Hakki, the north’s ‘supreme court president’, along with another Turkish Cypriot ‘supreme court judge’ Gonul Eronen were both put under the scrutiny of the ECHR after the Cypriot government filed objections to their appointments by the Court to preside over a number of cases involving Cypriots.

On Tuesday, the Court informed the two judges it had quashed the objections, thereby allowing them to retain their posts.

“Yesterday, I received a letter informing me of the decision. It made me very happy,” Hakki told the Cyprus Mail yesterday. “To accuse a judge of partiality is a serious allegation, and it has caused me a lot of stress and anxiety”.

Hakki said the Cypriot government’s objections to him serving on the bench at the ECHR were based on accusations that he was in possession of a Greek Cypriot property in Lapithos, and on the fact that he worked as a judge for a politically unrecognised regime.

“In fact I own two houses in Lapithos, but they were built on land that has been in my family’s possession for generations,” Hakki said.

Having been forced into apology over the house accusation, the Cypriot government then pursued the second objection, namely that Hakki and Eronen were judges in an illegal state and therefore should not be allowed to preside over cases at the ECHR.

But Hakki and Eronen countered this objection by pointing out that judges in the Court preside over cases in a “personal capacity”.

“I do not represent a country. I am a judge and I make decisions according to the law,” Hakki said.

President Tassos Papadopoulos said yesterday his government would continue to make its opposition to the presence of Turkish Cypriot judge at the ECHR known, and accused Turkey of backing Hakki and Eronen as a “political gesture” to highlight the existence of the breakaway state.

“If Turkey has opted to nominate a Turkish Cypriot instead of submitting the names of Turkish citizens to represent the country at the court – and I assume there are many distinguished judges and legal advisors in Turkey – this was clearly a political gesture”.

Government Spokesman Vasilis Palmas confirmed yesterday that the government had filed a new objection to the Court’s rejection of its earlier objection. It was unclear, however, on what grounds the government would base its new objections.

Expressing hope the government would eventually abandon efforts to remove himself and Eronen from the bench, Hakki said, “I want to put all this behind me and get on with the job”.

Assuming the new objections are not upheld, Hakki and Eronen will soon be returning to Strasbourg to continue their work with the ECHR. Hakki will preside with six other international judges on 38 property cases involving Greek Cypriot claims against Turkey’s 1974 invasion, while Eronen will sit alongside six other judges in nine cases involving Greek Cypriots who went missing during the same period.

Copyright © Cyprus Mail 2007
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Postby observer » Thu Sep 13, 2007 10:57 am

:oops: Double post. Sorry
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Postby halil » Thu Sep 13, 2007 11:25 am

observer wrote:Turkish Cypriot judges relieved as ECHR throws out government objections
By Simon Bahceli
ONE of two Turkish Cypriot judges the government sought to have thrown off the bench at the European Court of Human Rights (ECHR) because of alleged partiality said he was “happy and relieved” that the Strasbourg court had found the accusations “totally baseless”.

Metin Hakki, the north’s ‘supreme court president’, along with another Turkish Cypriot ‘supreme court judge’ Gonul Eronen were both put under the scrutiny of the ECHR after the Cypriot government filed objections to their appointments by the Court to preside over a number of cases involving Cypriots.

On Tuesday, the Court informed the two judges it had quashed the objections, thereby allowing them to retain their posts.

“Yesterday, I received a letter informing me of the decision. It made me very happy,” Hakki told the Cyprus Mail yesterday. “To accuse a judge of partiality is a serious allegation, and it has caused me a lot of stress and anxiety”.

Hakki said the Cypriot government’s objections to him serving on the bench at the ECHR were based on accusations that he was in possession of a Greek Cypriot property in Lapithos, and on the fact that he worked as a judge for a politically unrecognised regime.

“In fact I own two houses in Lapithos, but they were built on land that has been in my family’s possession for generations,” Hakki said.

Having been forced into apology over the house accusation, the Cypriot government then pursued the second objection, namely that Hakki and Eronen were judges in an illegal state and therefore should not be allowed to preside over cases at the ECHR.

But Hakki and Eronen countered this objection by pointing out that judges in the Court preside over cases in a “personal capacity”.

“I do not represent a country. I am a judge and I make decisions according to the law,” Hakki said.

President Tassos Papadopoulos said yesterday his government would continue to make its opposition to the presence of Turkish Cypriot judge at the ECHR known, and accused Turkey of backing Hakki and Eronen as a “political gesture” to highlight the existence of the breakaway state.

“If Turkey has opted to nominate a Turkish Cypriot instead of submitting the names of Turkish citizens to represent the country at the court – and I assume there are many distinguished judges and legal advisors in Turkey – this was clearly a political gesture”.

Government Spokesman Vasilis Palmas confirmed yesterday that the government had filed a new objection to the Court’s rejection of its earlier objection. It was unclear, however, on what grounds the government would base its new objections.

Expressing hope the government would eventually abandon efforts to remove himself and Eronen from the bench, Hakki said, “I want to put all this behind me and get on with the job”.

Assuming the new objections are not upheld, Hakki and Eronen will soon be returning to Strasbourg to continue their work with the ECHR. Hakki will preside with six other international judges on 38 property cases involving Greek Cypriot claims against Turkey’s 1974 invasion, while Eronen will sit alongside six other judges in nine cases involving Greek Cypriots who went missing during the same period.

Copyright © Cyprus Mail 2007


Thanks observer, u have proved my information. i don't know how they are feeling now . Before they accusing someone they must think twice.
i am not going to defend my self but i will try to inform all forum members from other side of the objections . i am only trying to show u what is the differences between two sides.
we are living in a island that there is no mobile communication between 2 sides . they should start from this basic thing for a start. i am sure most of the forum members noticed this. nothing to do recognize each other.
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Postby humanist » Thu Sep 13, 2007 12:38 pm

Am with the Judges on this one.
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Postby Pyrpolizer » Thu Sep 13, 2007 6:04 pm

zan wrote:The situation is that the "RoC' is saying that it can use the same tactics as the US do in Guantanamo Bay. They can suspend those rights in the case of TCs and the Cyprob. One rule for those within and one for those without.... :roll: :roll:

According to the Zurich agreement, that should be in practiced today, no matter how many TCs reside in the "RoC" they should have their place in government...Why is that not so?????


because medium coffee is made with one teaspoon coffee and one sugar. If you take traces of coffee and add one teaspoon sugar, that's not even coffee anymore, let alone medium. Simple enough for you Zan?
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Postby Pyrpolizer » Thu Sep 13, 2007 6:36 pm

halil wrote:
observer wrote:Turkish Cypriot judges relieved as ECHR throws out government objections
By Simon Bahceli
ONE of two Turkish Cypriot judges the government sought to have thrown off the bench at the European Court of Human Rights (ECHR) because of alleged partiality said he was “happy and relieved” that the Strasbourg court had found the accusations “totally baseless”.

Metin Hakki, the north’s ‘supreme court president’, along with another Turkish Cypriot ‘supreme court judge’ Gonul Eronen were both put under the scrutiny of the ECHR after the Cypriot government filed objections to their appointments by the Court to preside over a number of cases involving Cypriots.

On Tuesday, the Court informed the two judges it had quashed the objections, thereby allowing them to retain their posts.

“Yesterday, I received a letter informing me of the decision. It made me very happy,” Hakki told the Cyprus Mail yesterday. “To accuse a judge of partiality is a serious allegation, and it has caused me a lot of stress and anxiety”.

Hakki said the Cypriot government’s objections to him serving on the bench at the ECHR were based on accusations that he was in possession of a Greek Cypriot property in Lapithos, and on the fact that he worked as a judge for a politically unrecognised regime.

“In fact I own two houses in Lapithos, but they were built on land that has been in my family’s possession for generations,” Hakki said.

Having been forced into apology over the house accusation, the Cypriot government then pursued the second objection, namely that Hakki and Eronen were judges in an illegal state and therefore should not be allowed to preside over cases at the ECHR.

But Hakki and Eronen countered this objection by pointing out that judges in the Court preside over cases in a “personal capacity”.

“I do not represent a country. I am a judge and I make decisions according to the law,” Hakki said.

President Tassos Papadopoulos said yesterday his government would continue to make its opposition to the presence of Turkish Cypriot judge at the ECHR known, and accused Turkey of backing Hakki and Eronen as a “political gesture” to highlight the existence of the breakaway state.

“If Turkey has opted to nominate a Turkish Cypriot instead of submitting the names of Turkish citizens to represent the country at the court – and I assume there are many distinguished judges and legal advisors in Turkey – this was clearly a political gesture”.

Government Spokesman Vasilis Palmas confirmed yesterday that the government had filed a new objection to the Court’s rejection of its earlier objection. It was unclear, however, on what grounds the government would base its new objections.

Expressing hope the government would eventually abandon efforts to remove himself and Eronen from the bench, Hakki said, “I want to put all this behind me and get on with the job”.

Assuming the new objections are not upheld, Hakki and Eronen will soon be returning to Strasbourg to continue their work with the ECHR. Hakki will preside with six other international judges on 38 property cases involving Greek Cypriot claims against Turkey’s 1974 invasion, while Eronen will sit alongside six other judges in nine cases involving Greek Cypriots who went missing during the same period.

Copyright © Cyprus Mail 2007


Thanks observer, u have proved my information. i don't know how they are feeling now . Before they accusing someone they must think twice.
i am not going to defend my self but i will try to inform all forum members from other side of the objections . i am only trying to show u what is the differences between two sides.
we are living in a island that there is no mobile communication between 2 sides . they should start from this basic thing for a start. i am sure most of the forum members noticed this. nothing to do recognize each other.


May i remind you you were not in a position to explain any of the puzzles of your messy Anatolu article? All you said was to ask the Roc spokesman if it is true. Thank God there is also the Cyprus mail who can write a decent and understanable article...

Btw I don't know what you mean by "mobile communication between the 2 sides in Cyprus" but I can assure you no media misses important news on any side. One day earlier one day later, that's not important.

In the end all you did was just to trow us another badly written "bayrak" copy paste article, as usual...
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Postby iceman » Fri Sep 14, 2007 1:24 pm

‘Turkish Cypriot judges cannot be objective’

ATTORNEY-general Petros Clerides said yesterday that the Republic of Cyprus had objected to the appointment of two Turkish Cypriot judges for cases before the European Court of Human Rights (ECHR) because of their capacity in the areas of Cyprus under Turkish occupation and not because they are Turkish Cypriots.

He added that the Republic believes the two judges could not be objective in the specific posts at the ECHR, noting that it was now up to them to prove their objectivity.

Speaking at a press conference, Clerides said this was not the first time Turkish Cypriot judges had been appointed for cases before the ECHR, and that on certain occasions the Republic of Cyprus had not objected and on others had.

Referring to the recent appointment of Metin Hakki, the north’s ‘supreme court’ president, along with another Turkish Cypriot ‘supreme court’ judge, Gonul Eronen, Clerides said that both have pledged faith to the ‘constitution’ of the puppet regime, which could clash with their judgement at the ECHR.

Replying to questions, Clerides said the Republic of Cyprus had explained the reasons for the objection, which was dismissed without further explanation so far.

Clerides also said a state has the right to appoint judges in cases against it, without the judges necessarily being citizens of that particular state.

The two Turkish Cypriot judges, appointed by Turkey, “surely have a citizenship” other than the one of the pseudo-state.

Asked if the appointment of these judges would adversely affect the outcome of several cases, Clerides said Hakki was appointed to look into 38 cases concerning the properties of Greek Cypriots in the Turkish occupied areas and Eronen to hear nine cases of missing persons.

The Court, in its rulings on different cases the Republic of Cyprus and individuals have filed against Turkey, has described the Turkish Cypriot regime as, “a local subordinate administration” to Turkey.

Ankara, the Court added, by virtue of the presence of its occupation troops exercises effective control in occupied Cyprus and is therefore responsible for what happens there.

http://www.cyprus-mail.com/news/main.php?id=34668&cat_id=1
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