This is the opinion of "Cyprus mail" on the matter:
Greek Cypriot property rights must be recognised
IT’S HARD to have any sympathy for David and Linda Orams, or for any of the other expats living on Greek Cypriot properties in the north whose peaceful retirement has been disturbed by the ruling of the European Court of Justice, backing a Nicosia court’s judgement against the British couple who had built a villa on land belonging to refugee Meletis Apostolides.
It would have been different had the case targeted Turkish Cypriots, themselves displaced or in some way victims of the long-running Cyprus conflict. But the Orams, and hundreds of others like them, are effectively guilty of buying stolen property, snatching up the cheap deal offered ‘off the back of a lorry’ while wilfully closing their eyes to the reasons for such a bargain. The least they deserve is to sweat about the future of their ill-gotten gains.
The reaction of Turkish Cypriot politicians is as predictable as it is in bad faith. To say that the welcome for the ruling in the south proves the Greek Cypriots are not serious about reunification is frankly ludicrous. What then is one to say about the orgy of construction and speculation in Greek Cypriot properties in the five years since the failed Annan plan referendum? Has that been a sign of good will? Does it show commitment to reunification in a common homeland?
Did Messrs Talat and Eroglu really expect the European Court of Justice to issue a political judgment, one that would suspend the rule of law in the name of realpolitik? Perhaps they did, much in the same way as Turkey often seems to see its harmonisation process with the European Union as a game of give and take where its strategic weight bears heavily on the scales, rather than as the wholesale adoption – without negotiation – of a body of Community law.
The truth is that the ruling is a severe blow to the north, but if anything it should add urgency to the negotiations rather than bring them to their knees. For what it shows, once again, is the unsustainability of the status quo. For those in the north who thought that in the wake of the Greek Cypriot ‘no’ they could just go it alone and raise a finger across the Green Line, it is a reminder that a future without a settlement is one of uncertainty and continued illegality in the eyes of the international community.
And while the Greek Cypriots may hail the ruling as a vindication of their rights, Meletis Apostolides will know that he is no closer to reclaiming his property than he was a week ago. As President Christofias acknowledged, the Cyprus problem will not be solved by a court decision, however favourable it may be.
Of course, the decision will affect the talks. If only for domestic political consumption, Talat and his team will have to sulk. In response, the Greek Cypriot side must resist the temptation to gloat. And we hope that after a while matters can return to normal – if there is such a thing.
But the Orams ruling must not be forgotten, for it highlights the importance of property as the issue on which any settlement will succeed or fail. One of the greatest undoings of the Annan plan lay in its property provisions, effectively asking the Greek Cypriots to pay compensation to their own refugees for land that had been seized from them by force. (At least the compensation at the so-called property commission is paid out by Turkey.)
Clearly, not all Greek Cypriot refugees will go home, but there has to be an unquestioned acknowledgment of their ownership rights, a mechanism that recognises their title to the property even if it does not necessarily allow them to occupy it, and an externally-funded compensation package that matches the value of the land lost.
If Mr Talat’s vision of a settlement is one that rides roughshod over Greek Cypriot property rights, then he must realise that it will fail. If he feels so strongly that unscrupulous British buyers should have a right to plunder Greek Cypriot property, then it should fail.
If that is the premise on which he is negotiating, then the two sides are talking at cross-purposes, and the European Court ruling is indeed a blow to the entire process. But if he is genuine in his desire for a solution, he will realise that a solution must recognise the property rights of all Cypriots. He will not waste his sympathy on undeserving expats, he will play to the gallery for a week or two, and he will return to the process with ever-greater urgency, spurred by the realisation that a legal limbo can only be to the detriment of all.
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