Cyprus-Forum.com

[Kifeas]

Round one:

The hearing was adjourned when Caginer’s lawyer argued the Cyprus Constitution required cases that involved members of both communities to be heard by a court consisting of both a Greek- and a Turkish-Cypriot judge.

Gabaston,
Now that you discovered that the RoC courts cannot put a TC on trial because there are no TC judges to rule, you can freely start some drug trafficking business in the south without fear.

[Kifeas]

Turkcyp,
Do you by any chance mean to say that if a TC commits a murder in the south he should be let free and without a trial because no TC judge wants to join the judicial services of the RoC?

You are making a very far fetched example, i cannot help but feel you are splitting hairs on this one.

so are you saying a GC judge who would be biased should be allowed to take the case

Brother, do you mean to say that should a TC judge ever agrees to join the RoC judicial services (amin /insallah,) he or she will be totally unbiased when trying a TC?

[brother]

I would want it to be with representation from both sides working togethar(GC and TC judges) with no compromise or bias whatever he was.

[gabaston]

Kifeas,

thats a bit below the belt, suggesting that i start peddling drugs, something which i deplore.

That is a criminal offence, and this is a civil action.

In the case of criminal acts, im sure there is provision for the remand of the accused, pending trial, in the wake of a political settlement, which could mean life.

[Kifeas]

Kifeas,

thats a bit below the belt, suggesting that i start peddling drugs, something which i deplore.

That is a criminal offence, and this is a civil action.

In the case of criminal acts, im sure there is provision for the remand of the accused, pending trial, in the wake of a political settlement, which could mean life.

I do appologise.
I didn't mean to offend you in that sense. I just tryed to use it as a hypothetical example in order to show that the absence of a TC judge is not a very sound argument for a trial not to be carried out. I do not think it really makes a difference whether it is a civil or crimanal offence.

[gabaston]

Kifaes

I did get your point - thanks.

Any of our drugrunners you get there please - put them on remand and throw away the key...you'll get no complaint from me.

[turkcyp]

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[Kifeas]

Turkcyp,
Do you by any chance mean to say that if a TC commits a murder in the south he should be let free and without a trial because no TC judge wants to join the judicial services of the RoC?

No I happened to say "Obey to your constituion. Give rights of TCs back. and there will not be a problem like the one you have mentioned. I have no reason to believe that a TC judge would be more biased to a TC then a GC judge would be to a GC."

I do appologise.
I didn't mean to offend you in that sense. I just tryed to use it as a hypothetical example in order to show that the absence of a TC judge is not a very sound argument for a trial not to be carried out. I do not think it really makes a difference whether it is a civil or crimanal offence.

Absence of TC judge in a trial like this makes that court unconstitutional that’s all. But who needs constitutionality, You have the “Doctrine of necessity”

And who is to blame for the RoC constitution not functioning properly?

The GC community or the TC community?
Isn't it the TC community who committed a mutiny and decided to take sides with the Turkish occupying forces and had chosen to move north and create it's illegal state? Now you tell me that you want to have both? The illegal state and the occupation in the north and your constitutional rights in RoC in full respect?

Is this what you are asking?

Of course the principle of necessity steps in. In the case of Cyprus it is perfectly acceptable and recognised internationally. I hope you have no doubt about this particular issue.

Did you expect the GCs to renter the running of the state without proper functioning for so many decades, just because the TC community wanted to commit a mutiny?

[turkcyp]

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[boulio]

*: And if they are so afraid that they will give TCs their rights back and in return get nothing because TCs will refuse to return the property, then they can may be start applying the portions of the constitution that does not give whole political rights back to TCs, like announce that Supreme Court will be reinstated as one GC, one TC, and one foreign judge, or stop using RoC as their communal chamber, and transfer many functions of RoC to GC communal chamber. At least that is a step in the right direction.

and what will the t/c do in return?