Cyprus-Forum.com

[Agios Amvrosios]

From the Cyprus Weekly:

LOUKIS Loukaides, the eminent jurist who represents Cyprus at the Human Rights Court of the Council of Europe, has spent many years, both before and after his election to the prestigious post, promoting a Cyprus settlement based on respect for International Law and Human Rights.

He has lectured frequently on this subject, both in Cyprus and abroad. He did so yet again in Nicosia on Wednesday evening before an audience of distinguished jurists, including the President of the Cyprus Supreme Court, Justice Christos Artemides.

His address, that took nearly an hour to deliver kept his audience spellbound, as he provided a detailed analysis, backed by legal references, to defend his case, and to indicate point by point which provisions of the Annan Plan violate not only fundamental human rights, but International Law treaties and the European acquis.

The address is too long to reproduce in full as a newspaper article. But its main points, and what Loucaides proposes must become part of a new strategy by the Greek Cypriot leadership in the pursuit of a just and lasting Cyprus settlement is published on this page.

One of Loucaides' proposals was the preparation of a document, detailing all the Annan Plan provisions that violate international law, the European Human Rights Charter and the EU acquis, and its distribution to governments, parliamentarians and other influential personalities both in the EU and the rest of the world, so that people may understand why the Greek Cypriots rejected this flawed plan so overwhelmingly.

It could be said that a full text of Loucaides' address analysing the Annan Plan may also be reproduced and circulated in the same way as a kind of ``Loukis Gospel,'' that may not be violated under any circumstances, least of all in an attempt to write off Turkey's war crimes and the complicity of Turkey's powerful friends for doing nothing about it, even to the point of iignoring the judgements of the Rights Court that found Turkey guilty repeatedly for violating human rights in Cyprus

[Agios Amvrosios]

Loucaides demolishes Annan Plan

for ignoring basic human rights

By Alex Efthyvoulos

LOUKIS Loukaides, the Cypriot judge on the European Human Rights Court, called on the Greek Cypriot political leaders to stop backing the Annan Plan as a basis for negotiations, because its basic philosophy violates fundamental human rights and the EU acquis.

He was scathing in his criticism of the Greek Cypriot political leaders, who, he said, "speak of a viable and functional settlement... a target I believe is unclear and incomprehensible. What does 'a viable and functional' settlement mean. How can such a settlement be reached on the basis of the Annan Plan, which is referred to as the basis for such a solution? Does such a phrase mean simply, as some understand it, the existence of certain issues that can be corrected through minor changes? Anyway, how do we expect that through such a vague phrase the European politicians and other officials will understand what we want and why we rejected the Annan Plan?

``Would it no be simpler, more comprehensible and effective for us to declare that we want a settlement consistent with human rights and democracy, and that the basic values of the EU are violated by the Annan Plan.''

He was equally scathing about the other phrase bandied constantly by the political leadership.

Contrary



``What does it mean that we want a settlement on the basis of the Annan Plan that will not affect the rights of the Turkish Cypriots? What rights of the Turkish Cypriots from among those that are recognised internationally did we ever seek to withdraw, or to reduce? Unless, of course, if those who say this mean the super privileges emanating from the Annan Plan which are contrary to the basic principles of the functionality of a state, such as the prohibition of racial discrimination and the rejection of democratic principles.''

Loucaides was addressing a select audience of legal experts, including the President of the Cyprus Supreme Court, political leaders, ordinary citizens and many refugees. He was lavishly praised by the officials in introductory remarks for his unstinting perseverance, both in his current position as a judge of the Rights Court, and during his service as Cyprus' Deputy Attorney General, for a just settlement of the Cyprus problem based on respect for human rights.

He declared in his address that the rejection of the Annan Plan, "a plan incompatible with the basic principles of justice, does not legitimise either the occupation nor the violation of the human rights of the Cypriot people by Turkey."

He added that these violations continue "without due emphasis being given to this problem by those who have a duty to do so. Turkey, with the backing of its powerful protectors skilfully avoids the issue and succeeds to divert the attention of the international community from the very serious unlawful actions, transferring the emphasis to its acceptance of the Annan Plan, as an indication of it's alleged goodwill in connection with the Cyprus problem.

''The Plan is in stark contrast with the obligation for the restoration of the fundamental personal rights of the Cypriots, which Turkey violates continuously on a massive scale and organised manner,'' he said.

Loucaides also maintained that the Annan Plan violates the EU acquis and Human Rights principles that rule out political distinctions on the basis of racial origins, treating all citizens as equal. He argued against the racial separation envisaged by the establishment of a bizonal federation where Greek and Turkish Cypriots would vote separately.

He maintained that "there cannot be distinctions between Greek and Turkish Cypriots, or other ethnic communities and that all legal citizens of the state of Cyprus, irrespective of ethnic origin belong to one and the same electoral body that elects its representatives to state office. These representatives must emanate from the same electoral roll.''

What is more, he stressed, basic democratic principles do not allow the representatives of any community, or group of citizens, "to block the decisions of the majority. Contemporary democratic states do not recognise political or other rights of their citizens on the basis of their ethnic origin. Nor are the arrangements, the administration and other authorities of the state split on the basis of racist criteria - as is the case with the Annan Plan.''



New strategy

Loucaides proposed the adoption of a new strategy to strengthen the Cypriot struggle and listed the following points that need to be dealt with:

1 - The drafting of an official information bulletin on the violation of the EU acquis by the Annan Plan.

2 - To declare clearly that the Plan is incompatible with the European Human Rights Charter and other International Human Rights Treaties, which are already binding on us and also as a result of our EU accession.

3 - To cease at last to refer to the Annan Plan as a basis for a settlement, or negotiations. So long as this continues, foreign officials and organisations that could assist us achieve a good settlement, will not do so.

Loucaides also made a clear dig at those party leaders who backed acceptance of the Annan Plan in the referendum, like Disy leader Nikos Anastassiades. Those who backed an Annan settlement must be respected, he said, "but not to the point of recruiting them to carry out various foreign missions, or other procedures for explaining why we could not accept such a settlement. This is not permitted, because in the first place it means forcing some persons to act against their convictions, and secondly, because they will lack the necessary persuasion ability.''