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ECHR Judge: Court judgments must be implemented


29/01/2008

http://www.financialmirror.com/more_new ... t=Politics

by Maria Koniotou

Nicosia, Jan 28 (CNA) – The Cypriot judge at the European Court of Human Rights (ECHR), Loukis Loukaides, who is retiring at the end of January, recommends to the local political leadership to make the most of Court judgments, relating to Cyprus, in the political arena.

Having served the Court for nine years, Loukaides carries with him a lot of memorable moments, acknowledges the dissenting opinions of his colleagues, which he says are always based on legal points, and stresses the need to see Court decisions implemented, in particular those concerning human rights violations by Turkey in Cyprus.

He believes that the rule of law applies in Cyprus where the judiciary, he says, is independent and all governments respect human rights.

On the political front, Loukaides says that the solution in Cyprus must be a unitary state where every Cypriot, irrespective of origin, will enjoy the same rights: rule of law, democracy, human rights and freedom.

In an interview with CNA, Loukaides, who is also President of the International Association for the Protection of Human Rights in Cyprus, stressed that a Cyprus settlement should aim at the restoration of the human rights of all Cypriots and should not be based on a bizonal, bicommunal federation, which he believes, “does not include by definition some of the fundamental human rights but establishes racial discrimination and is not compatible with a European solution, which provides for respect of human rights and international law.”

On the case of Greek Cypriot Michael Tymvios, who is trying to reach a friendly settlement with Ankara in a case relating to his property in Turkish occupied Cyprus, Loukaides said the Court is moving in the right way, adding that “it is taking into consideration everyone’s rights, including the Republic of Cyprus, always implementing the European Convention on Human Rights.”

On the fallout of the Court ruling of this specific case on other similar pending cases, Loukaides said that if the Court rules that this procedure is incompatible with the human rights of others or with legality, then any decision taken may not have an impact on other cases. The Court, he pointed out, wants to ensure that any agreed settlement is legal and in line with the European Convention on Human Rights.

As regards the so-called ''Immovable Property Commission'' set up by the Turkish Cypriot regime in Cyprus’ Turkish occupied areas, Loukaides recalled that the Court had made it clear that resorting to measures which the so-called authorities of the regime may take as a remedy does not mean recognition of the “legality” of these “authorities” and therefore does not mean recognition of the illegal regime.

Loukaides believes the Court is bound to examine again the question of the legality of the “commission” in the future cases.

He referred to the case of Greek Cypriot refugee Myra Xenidi-Aresti in which Turkey was found guilty of violating her right to peaceful enjoyment of her property, in the occupied town of Famagusta, which is under the control of the Turkish military, and was ordered by the Court to pay damages amounting to 885,000 euro.
Responding to other questions, Loukaides said he did not think the government had taken full advantage of the Court rulings in either the fourth inter-state application against Turkey and in cases of Greek Cypriot individuals or collective recourses against Turkey.

“These are excellent decisions by a unique legal institution of international law, which are profoundly valuable and could be applied to stress the fact that Turkey, aspiring to become an EU members state, is violating human rights in Cyprus,” he pointed out.

He said it was unconceivable that such rulings are not executed and in addition to that Turkey continues to ignore them.

Referring to the problems the Court is facing, Loukaides said that the ECHR needs support since it faces serious practical problems.

He said the Court is a “victim of its own success”, adding that there are 110 thousand cases pending and while the Court can examine every month 5 thousand cases, 10 thousand are submitted each month.

Loukaides said that he has made suggestions on how to address these problems, as other colleagues have done as well, but he did not appear optimistic that a solution will be found in the near future.

His believes that the Court should only examine what he described as the “more serious” cases.

“If the hearing of a case is delayed for 5, 10 or 20 years, then the system will lose its credibility,” Loukaides said, adding that the Court should be left to deal with serious cases such as those relating to tortures, property confiscation and killings.

He said there are over one thousand cases of Greek Cypriots against Turkey pending before the Court, which concern mainly violation of property rights.

Asked about the delays in the execution of Court rulings, Loukaides said Cyprus should protest to its European partners the fact that Turkey does not execute decisions which concern violations of human rights of Greek Cypriots.

On a Cyprus settlement, he said it should be based on the restoration of human rights on the island and pointed out that a solution providing for a bizonal, bicommunal federation will mean that fundamental human rights will not be implemented. He also recalled that the fundamental principles of the EU are the rule of law, democracy, human rights and freedom.

He also said that Cyprus’ stance on respect of human rights is, generally speaking, “impeccable”, adding that there is rule of law, an independent judicial authority and all Cypriot governments so far respect human rights and independency of the courts.

“There are of course exemptions to the rule, nobody is flawless,” he added.

Asked what memories he will carry with him from his tenure at the Court, Loukaides said there were many intensive moments as for example when he disagreed in certain cases. Some of his colleagues, he noted, will now edit a book with some of his dissenting opinions.

Loukaides will be succeeded to the Court by Cyprus Supreme Court Judge George Nicolaou, who will assume his new duties on 1 February 2008.