Cyprus-Forum.com

[brother]

Opening a Pandora’s box over property
By Stefanos Evripidou


THE building frenzy on Greek Cypriot properties in the north and the flurry of recent court cases against illegal occupiers is creating chaos on the island and heightening ill feeling between the two communities.

Greek Cypriot refugees are taking foreigners and now even Turkish Cypriots to court over the illegal use of their land. With the courts’ new powers to issue European arrest warrants against property violators, recourse to the courts is made more attractive for Greek Cypriots who see a real chance for a remedy against the illegal development of their land.

The Turkish Cypriot authorities have reacted immediately, warning this week they would arrest anyone who harassed Turkish Cypriots or their foreign guests over property issues. Those wishing to serve court summons have been warned they will be arrested.

The issue is a boiling pot waiting to overflow. Five Greek Cypriots were arrested over the Easter weekend for picking flowers from an ancestral home in Karmi village after one English resident complained to police.

The whole affair has acted as a stark reminder that efforts towards reconciliation can only take root after the most important issue in the Cyprus problem is solved, that of property.

Interior Minister Andreas Christou this week sounded a warning over the possibility of suing Turkish Cypriots, saying they did not choose to leave their lands in the south to move north.

“This is a delicate issue. It is not the same as foreigners buying Greek Cypriot properties.”

Christou nevertheless admitted that it was the right of every citizen to appeal to justice, and the government could not intervene in individual legal cases.

“It is a complicated situation. Only with a solution of the Cyprus problem will the property problem be solved,” he said.

His feelings were echoed by human rights lawyer Achileas Demetriades, who pointed out that Cypriots were beginning to feel the cost of non-solution of the Cyprus problem.

“Property was, is and remains the most important and emotional issue in the Cyprus problem for most people. Now the cost of non-solution is beginning to surface, dictating the urgent need for a solution,” he said.

Demetriades, who successfully sued Turkey at the European Court of Human Rights in the landmark Loizoidou case, warned that things would get much worse when Turkish Cypriots started using legal procedures to get their properties currently used by Greek Cypriot refugees in the south.
“We’ve only seen one side of the coin, Greek Cypriots going after Turkish Cypriots in court, and the latter defending themselves by arresting those who serve writs in the north. Can you imagine what will happen if Turkish Cypriots start seeking their property over here based on the recent Mustafa case?”

A court last year awarded Turkish Cypriot Arif Mustafa access to his land currently occupied by Greek Cypriot refugees. An appeal is now pending in the Supreme Court.
Demetriades noted that such an onslaught by Turkish Cypriots in Cypriot courts would force the government to expropriate Turkish Cypriot land to secure housing for Greek Cypriot refugees.

“By expropriating their land, we are essentially acting as they did, and who will pay compensation? We will, but how?” he noted.

“In this way, we have managed to downgrade the whole issue of the Cyprus problem to property only. It’s a fundamental issue, but what’s the point? We will arrest all the Turkish Cypriots, they will arrest us and where will it lead us, to greater understanding and tolerance?”

Demetriades added: “This frenzy of litigation shows people’s lack of faith in the political option. Everyone is suing everyone else and only the lawyers benefit. We are in a freefall position, nobody can predict what will happen next.”

The lawyer said high stakes were involved in the construction boom in the north, which would be practically very difficult to stop.

“There is a lot of money involved in this, commercial interests. There is an urgency to settle the problem. We are starting to quantify the cost of non-solution,” he said.
European Democrats leader Prodromos Prodromou agreed that as long as the Cyprus problem remained unsolved, the problem “that some are holding properties of others” would remain.

“It is chaos as things stand, there has to be a solution, but a proper one restoring the right to property with some limitations, as opposed to starting a solution plan with complete deviations,” he said, referring to the Annan plan.

“People are tired, they saw what provisions existed in the Annan plan and are now seeking justice. You can’t stop them from going to court.”

Prodromou said Greek Cypriots had no trust in new Turkish Cypriot leader Mehmet Ali Talat, who since coming to power has done nothing to stop the selling and building of Greek Cypriot properties. He noted recent statements from Turkey’s Prime Minister Tayyip Erdogan referring to “two states, two peoples” in a united Cyprus.

“Where is the good will? The fact that he seems bothered by the European Convention of Human Rights doesn’t inspire confidence.”

The deputy traced the building chaos back to 2002 when provisions of the Annan plan were first heard. “Once they heard that property that will be improved on can stay in their hands, they have been trying to build, sell and take advantage of Greek Cypriot properties. It’s not because we didn’t accept the plan that this is happening, but because the plan includes these provisions,” he said.

Prodromou argued that the building boom and advertising campaign had reached dizzying heights from the summer of 2004, just three months after Greek Cypriots rejected the Annan plan.

“The planning for that started long before. These distortions are not normal.
Citizens know they have rights in international law. The property issue was never solved in the Annan plan. You can’t impose unnatural adjustments on society; it’s just not viable.”

[magikthrill]

The deputy traced the building chaos back to 2002 when provisions of the Annan plan were first heard. “Once they heard that property that will be improved on can stay in their hands, they have been trying to build, sell and take advantage of Greek Cypriot properties. It’s not because we didn’t accept the plan that this is happening, but because the plan includes these provisions,” he said.

very clever move.

[Main_Source]

Cypriots sueing Cypriots is a mistake and only gonna lead to more confusion.

[-mikkie2-]

Yes, but can people do when their land is being sold and built upon? At least the Turkish Cypriots still own the land in the south and that is recognised as such. And they do have a way to get their land back legally if they so wish. What choice do the GC's have?

I have long argued that the Turks and TC's have been hiding behind the Annan plan. What we are seeing is the one sided implementation of a particular part of the plan which was overwhemlingly in favour of the TC and Turks.

I say let the people fight it out in the courts. It will have the effect of establishing the legal title of land and property.

[brother]

I say let the people fight it out in the courts. It will have the effect of establishing the legal title of land and property.

At what cost?

[magikthrill]

Yes, but can people do when their land is being sold and built upon? At least the Turkish Cypriots still own the land in the south and that is recognised as such. And they do have a way to get their land back legally if they so wish. What choice do the GC's have?

I have long argued that the Turks and TC's have been hiding behind the Annan plan. What we are seeing is the one sided implementation of a particular part of the plan which was overwhemlingly in favour of the TC and Turks.

I say let the people fight it out in the courts. It will have the effect of establishing the legal title of land and property.

I think Main_Source has a point. It is wrong to take civilian TCs to courts because they are occupying land of GC refugees.

Just like I think it is wrong for TCs to take to courts GC refugees who are occupying their land. But only the refugees. For the others, take em for all they got

[Viewpoint]

-mikkie2-, But in the long run it will demolish (no pun intended) inter community relations and any trust that has been built up over the past 2 years, when the arrests start to occur the fireworks will begin, are you willing to pay that price as the already long prospects for an overall solution gets further and further away.

[-mikkie2-]

And what cost are people paying now?

The authorities in the north continue to sell and build on GC land. They continue to exploit. What do you expect people to do? To say yes to the Annan plan wich gives most of their property to the Turks anyway?

At least this way legal title is established once and for all.

[Viewpoint]

I personally expect people GCs to apply pressure on the leaders to go back to the table and do what they didnt do last time and was to negotiate a solution in goodwill and sincerity.

[brother]

Mikkie,

the cost would be complete mis-trust in the communities and it would cement the partition forever, think about it.