by insan » Mon Mar 16, 2009 2:01 am
Turkish Cypriots look to Ottoman archives in land bid
By Simon Bahceli
OTTOMAN archives compiled in Cyprus between the sixteenth century and British rule could provide the Turkish Cypriot side with ammunition to counter Greek Cypriot property claims in the north, it was claimed yesterday.
The revelations were made by the Turkish-language daily Star and were confirmed by an anonymous source close to the Turkish Cypriot authorities who told the Cyprus Mail, “A group of foreign experts have been working on a report [based on archival material]. Some of the findings will give strength to the Turkish Cypriot position on properties”.
Although the source did not confirm details, the Star’s article claimed some 100 experts had been combing Ottoman archives since 2005. The Ottomans ruled the island for over 300 years from 1571 until 1878. The experts, it said, had compiled a 250-volume report entitled ‘Cyprus Land and Property’. It also said the report’s findings would “come as a shock to those Greek Cypriots trying to extract money and land from north Cyprus” and that the shock would be delivered when Turkish Cypriot leader Mehmet Ali Talat unveiled the report at a news conference next week.
The Cyprus Mail was unable to confirm yesterday whether Talat would indeed be hosting such a media event. Rather, a source within the administration said it was yet undecided how or when the report would be used.
“No such political decision has been made,” the source said, adding that the report was seen as a “supportive element” in ongoing negotiations for a settlement with the Greek Cypriot side, rather than as evidence that would be used in court to justify Turkish Cypriot possession of Greek Cypriot properties in the north.
“Sometimes you have a document that you use only for political purposes. To put such things before a court, you first have to be sure there are no inconsistencies. If there are, these can weaken your argument,” it said.
The source added, however, that political factors could sometimes be used to influence a court decision – a factor especially true in Cyprus’ case.
Commenting on the prospect of Turkish Cypriot property lawyers and negotiators taking such a tack, Greek Cypriot lawyer Achilleas Demetriades told the Cyprus Mail that such an approach was known as the “Evkaf approach” and was not new. It had already been used by Turkish lawyers, he said, during a case at the European Court of Human Rights (ECHR) in which his Greek Cypriot client Myra Xenides-Arestis had sought to regain possession of her property from Turkey in the fenced-off area of Varosha, near Famagusta.
Evkaf is the umbrella organisation that oversees the running of all Turkish Cypriot religious foundations in Cyprus and is said to own vast amounts of land and property.
The Evkaf approach, however, “was dismissed by the court,” Demetriades said. Turkey was ordered to pay Arestis €850,000 in compensation for denying her access to her property.
The Greek Cypriot lawyer added, however, that if there was basis to the Evkaf argument, its claims “do not lie against the Greek Cypriot owners but perhaps against the colonial powers, namely the UK”.
Prior to gaining independence from Britain, Demetriades said, “Britian paid over one million pounds to the Turkish Cypriot community [their leaders] in full and final settlement of all claims that the Turkish Cypriot community may have had to [Vakif] properties”.
He added that a possible use of the archival information would be for Turkey to open an interstate case against the UK for having illegally disenfranchised the Turkish Cypriots of large amounts of public property.
“That would be a very interesting case to follow,” he said.
Copyright © Cyprus Mail 2009
