Cyprus-Forum.com

[brother]

Turkish Cypriot confident he can fight off land case
By Simon Bahceli


A PLANNED hearing at Larnaca District Court over a Turkish Cypriot’s allegedly illegal occupation of a Greek Cypriot property in Famagusta was yesterday postponed until Friday because the court was unable to find a language expert able to translate the defendant’s claims.

Turkish Cypriot restaurateur Huseyin Caginer is being sued by Greek Cypriot businessman Panos Ioannides over what he claims is Caginer’s illegal possession of his family house in Famagusta. Caginer, who returned to Cyprus from Britain several years ago, is currently using the building as a restaurant, which he says he rented from prominent businessman Kasim Ahmet Rashit. He claims to have invested around £500,000 on the property.

Ioannides is asking the court to order Caginer off the property and pay back rents from the day he moved in.

Ioannides’ lawyer Larris Vrahimis told the Cyprus Mail earlier that Caginer had been summoned to court by post on April 25, and personally on April 26.

In recent weeks a number of foreigners living in the north have been targeted by Greek Cypriots seeking compensation or restitution of properties they lost as a result of the Turkish invasion of 1974. This, however, is the first case to target a Turkish Cypriot – something that has caused widespread anger and worry in the north.

The Turkish Cypriot authorities reacted to news of Caginer’s court summons by advising its citizens and foreign nationals not to respond to the summons and not to sign for them.
Caginer, however, has decided to ignore the authorities’ advice and defend himself in the courts of the Republic.

Speaking before the planed hearing yesterday, Caginer’s lawyer Hakki Onen said he was confident of seeing the case scrapped.

“There are mistakes relating to the identity of the accused. We also have objections about where the trial is taking place. According to the constitution of the Republic of Cyprus the trial should be held in the area where the alleged crime took place. We also have objections over the composition of the court itself because, again according to the constitution, the case should be presided over by both a Greek and Turkish Cypriot judge,” he told the press.

“This is the first time the Turkish Cypriot is defending itself in a political case,” he added, indicating that perhaps for the first time the north’s authorities were about to step into the legal minefield that constitutes the property disputes on the island. Until now the north has refrained from entering into legal battles over alleged property abuses both sides of the Green Line, preferring to argue for a global settlement of disputes along bizonal lines.
Today, Linda Orams, a British woman living in a Greek Cypriot property in Lapithos is expected to appear in a Nicosia court to answer accusation of contempt of court. Orams was ordered by the same court to demolish the house she and her husband David built on Greek Cypriot land and pay £7,000 in back rent. Orams has since appealed to the Supreme Court for the ruling to be overturned.

[gabaston]

[quote]“ According to the constitution of the Republic of Cyprus the trial should be held in the area where the alleged crime took place. We also have objections over the composition of the court itself because, again according to the constitution, the case should be presided over by both a Greek and Turkish Cypriot judge,” he told the press.



This should be worth following.

[brother]

Yes i find this an interesting topic to keep our eyes on.

[metecyp]

“ According to the constitution of the Republic of Cyprus the trial should be held in the area where the alleged crime took place. We also have objections over the composition of the court itself because, again according to the constitution, the case should be presided over by both a Greek and Turkish Cypriot judge,” he told the press.

Well, I feel like they're (the TC guy) going to lose big time if his argument depends solely on these. "Principle of necessity" rings a bell?

[turkcyp]

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[magikthrill]

You know what the sad thing of this whole situation is? From what I understand this whole problem was caused by the Annan Plan:

A-Plan only allows a minute portion of land to be returned to GCs---> TC contractors begin building villas to sell foreigners ---> GCs angry that property is being occupied by non-Cypriots ---> current court fiascos

Personally, I don't understand how it would be possible for this TC to lose the case since the trial is unconstitutional. Something the GCs should have warned against before washing their hands. If this TC person loses can't he take the RoC to an int'l court?

[turkcyp]

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[gabaston]

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.

[Kifeas]

Personally, I don't understand how it would be possible for this TC to lose the case since the trial is unconstitutional. Something the GCs should have warned against before washing their hands. If this TC person loses can't he take the RoC to an int'l court?

Dear Magik

I thought we have already answered that,

It is called the miracle formula of "principle of necessity"...LOL....

Take care

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?

[brother]

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