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Dayanc Case -dayanc Davasi

How can we solve it? (keep it civilized)

Postby Get Real! » Mon Jun 01, 2009 1:28 am

I don’t advise any Cypriot citizen to take an Obligatory Expropriation to the ECHR because it is PERFECTLY LEGAL, totally unnecessary, and a complete waste of time and money.

Περί Αναγκαστικής Απαλλοτρίωσης Νόμου Αρ. 15/62
(Obligatory Expropriation Law #15/62)

http://www.moi.gov.cy/moi/citizenschart ... enDocument


Unfortunately there’s no English version on the government website and I’m not going to translate the whole thing other than inform that reimbursement/compensation is based on (1) the current value of the land/property being expropriated, (2) plus 9% interest from the date of notice of the intent, (3) plus any damages incurred as a result of the expropriation.
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Postby halil » Mon Jun 01, 2009 7:21 am

First of all they have been force to left their homes in 1963 .

let me try to translate the article for u .

1963’te evimizden kaçmak zorunda kaldık

Dayanç, “evimizden 1963 yılı Aralık ayında kaçmak zorunda kaldık”

dedi. (Dayanç Said they have to left their homes in December 1963.)

Tahtakale Camisi yanındaki evlerinin 1956 yılında tüccarlık yapan babası tarafından inşa ettirildiğini anlatan Dayanç, “Evimiz iki katlıydı, alt katında altı büyük dükkân vardı, ayrıca bahçesinde ise şu anda yerle bir edilmiş 12 işyeri bulunmaktaydı” diye devam etti.

Their house was near the Tahtakale Mosque . His father was business man which he build up this place in 1956. Home was build up as 2 floor .
at first floor there was a six shops. also garden of the home there was a 12 more shops. Now these 12 shops are razed off .


1967 yılında serbest geçişler başladığı zaman babasının gidip evi gördüğünü de kaydeden Dayanç, “Sanırım rahmetlik babam 1967 ile 1972 arasında bir miktar kira almış olabilir ancak bundan tam emin değilim” dedi.

In 1967 when the free entries started My father went to see our house . he thinks his late father between 1967-1972 years he might get some rents for it but he is not sure about it .

Tek kuruş kira geliri almadık

Dayanç, 1972 yılından günümüze kadar evlerinden tek kuruş kira geliri almadıklarını kaydetti.

Dayanç since 1972 they did not get single penny .

“Evimizin ilkokul olduğunu 2003 yılında kapılar açılıp da Güney’e geçince öğrendim” diye konuşan Dayanç, “benim evimi, benden izinsiz işgal etmiş durumdadırlar, Orams çiftinin durumundan çok daha vahim bir durum söz konusudur çünkü devlet malımın işgalcisidir” şeklinde görüş belirtti.
2005 yılında Larnaka mahkemesine gidip resmen tereke memuru olduğunu belirten Dayanç, şunları anlattı:

when the boarder opened in 2003 i went to south and i found out that without my permission they are occuping my home and my home was elementary school. This case is worse than Orams case because in here State is occuping my home .
In 2005 Dayanç has got guardian of his father properties from Larnaka court.


“Rum Eğitim Bakanlığı’ndan görüşme talep ettim. Zarar ve ziyanımı görüşmek istedim. 6 Ağustos 2008’de bir mektupla talebimi ilettim. 7 Ekim 2008’de Rum Eğitim Bakanlığı Müsteşarı Alexandros Kouratos konuyla ilgilendiklerini ve bana bilgi vereceklerini belirten bir cevap yazdı. Bekledim. Kimse arayıp sormayınca, 12 Ocak 2009’da bir mektup daha yazdım. Kendi evimin kullanımından mahrum edildiğimi, zarar ettiğimi bir daha anlattım. 30 Ocak 2009’da aynı adam yani Sayın Kouratos, daha önce gönderdiği mektubun aynısını yine gönderdi ve “konuyu araştırıyoruz, size bilgi vereceğiz” dedi. 30 Mart 2009’da kendilerine yasal yola başvuracağımı ve Avrupa İnsan Hakları Mahkemesi’ne başvuracağımı bildirdim. Hiç haber almadım. Şimdi dosyam hazır, bugün mahkemeye başvuruyorum.”

In 6 August 2008 i wanted a meeting with Greek Cyprit minister . İ wanted to talk about my loses .
In 7 october 2008 Greek Cypriot minister representer Alexandros Kouratos said they are investicating his case and they will inform him . Since than no one gave me any answer .In 12 January 2009 i wrote another letter to them .Once more again i explained them i couldn't use my home and i have loses ......Mr Alexandros he send me same writing again that they are still investigating my case.
In 30 March 2009 i warned them .... i going to start legal actions against them in European Human rights court and my file is ready now and I am appling today .



Mr Dayanç is a Lawer he is also registered lawer in ROC as well .

As i said before my brother inlaw also opened similar case for not using his properties since 1963 and ROC not protecting his life and properties between 1963 and 1974 ..... all these cases are against ROC not protecting her citizans rights and protections between 1963-1974 .
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Postby Tim Drayton » Mon Jun 01, 2009 8:35 am

halil wrote:[...] This case is worse than Orams case because in here State is occuping my home.
[...]


Bearing in mind that under article 159 of the TRNC Constitution all Greek Cypriot land passed to the state, does this allegation make much sense?
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Postby DT. » Mon Jun 01, 2009 9:43 am

Tim Drayton wrote:
halil wrote:[...] This case is worse than Orams case because in here State is occuping my home.
[...]


Bearing in mind that under article 159 of the TRNC Constitution all Greek Cypriot land passed to the state, does this allegation make much sense?



If Halil is throwing the allegation at GC's then anything goes for him.
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Postby halil » Mon Jun 01, 2009 10:16 am

Tim Drayton wrote:
halil wrote:[...] This case is worse than Orams case because in here State is occuping my home.
[...]


Bearing in mind that under article 159 of the TRNC Constitution all Greek Cypriot land passed to the state, does this allegation make much sense?


Tim did u read the whole article ? try to read all article what the man saying from below link Tim. Doesn't have rights to open a case about his property .He says he did not occupy any GC land . If he did not give his kochans to TRNC how his deeds will pass to TRNC state .
pls read the article and try to give more information about his sayings . I might miss some of it . DAYANÇ DAVASI
http://www.kibrisgazetesi.com/

for DT Halil does not throw the allagations to all GC's ..... some how u like to conclude everything the way how u wanna see .
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Re: Dayanc Case -dayanc Davasi

Postby EPSILON » Mon Jun 01, 2009 10:46 am

halil wrote:Turkish Cypriot Lawer Dayanç opened a case about his property in Tahtakale .
According to daily Turkish Cypriot paper Mr. Dayanç claming back his home from the Greek Cypriot minister of education .

For using his property he is claming 2 Million euros compensation .

In daily kıbris paper he is showing his kochans and also picture of his home which is converted into a school since 1963. He wants compensation for his property and return back his property very soon .He has applied many times to minister of education he did not get any positive answer from the minister office . He says at Orams case İndividual is occupying the the property but here state is occupying my property since 1963 .He says he and his family were left the Tahtakale in 1963 . Also he says they have a properties in various part of the South Cyprus also shops in Ermu Street too . For a moment he is claming only from the State who is occuping his home . He says in North his family does not occupy any GC properties in North.

In one part of his saying he also says his father Fethi Ata has gone to see they are homes in 1967 when the Lokmaci gate was opened to civilians at that time and he was claim back rent from the ROC that time .He might get his rent from 1967-1972 but he is not sure about . In 2003 when the boarders opened solicitor Dayanç has seen his home and In 2005 he got certificates for they are place from larnaka land registery office . since than he is strugling to get back his home and compensation from the ROC .


Is this lawyer a citizen of ROC? Does he pay taxes to ROC during the last 37 years? if not then he is entitled to nothing since he lost his rights on basis he does not fulfill his oblications as citizen!!fURTHERMORE,DOES HE PAY TAXES TO TURKISH OCUPATION FORCES? If yes then is a trator (as citizen and must go to jail). This is how a proper state (ROC) should attend such bshts.
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Postby Tim Drayton » Mon Jun 01, 2009 10:56 am

halil wrote:
Tim Drayton wrote:
halil wrote:[...] This case is worse than Orams case because in here State is occuping my home.
[...]


Bearing in mind that under article 159 of the TRNC Constitution all Greek Cypriot land passed to the state, does this allegation make much sense?


Tim did u read the whole article ? try to read all article what the man saying from below link Tim. Doesn't have rights to open a case about his property .He says he did not occupy any GC land . If he did not give his kochans to TRNC how his deeds will pass to TRNC state .
pls read the article and try to give more information about his sayings . I might miss some of it . DAYANÇ DAVASI
http://www.kibrisgazetesi.com/

for DT Halil does not throw the allagations to all GC's ..... some how u like to conclude everything the way how u wanna see .


Halil, yes I have looked at the article. He is complaining that the state is occupying his property without his permission and without compensating him, not that his property has been usurped. As such, it is different kettle of fish from the Orams case.

I fully support the defence of legitimite TC legal interests. However, to do this you have to return to the fold of legality. I don't see how you can defend such interests and at the same time defend the usurpation of Greek Cypriot land under article 159 of the TRNC Constitution, which has been shown to be illegal under international law. What is it to be? Legality or illegality?
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Postby Get Real! » Mon Jun 01, 2009 10:59 am

Who cares what the article says Halil? If there’s a school on his land then it comes under shire council expropriation, so what does the Ministry of Education have to do with it? Nothing! :roll:

He needs to get himself a competent lawyer who understands RoC law to negotiate a decent compensation for him.
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Postby halil » Mon Jun 01, 2009 11:23 am

Get Real! wrote:Who cares what the article says Halil? If there’s a school on his land then it comes under shire council expropriation, so what does the Ministry of Education have to do with it? Nothing! :roll:

He needs to get himself a competent lawyer who understands RoC law to negotiate a decent compensation for him.


what i understand from his writing he is member of the Barrister in law as well in South .... to be member properly he knows the laws . Am i right TIM ?

No one cares all our personal ideas GR ..... You are not the Law to decide ... Law will decide who is right who is wrong !
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Postby Get Real! » Mon Jun 01, 2009 11:32 am

halil wrote:
Get Real! wrote:Who cares what the article says Halil? If there’s a school on his land then it comes under shire council expropriation, so what does the Ministry of Education have to do with it? Nothing! :roll:

He needs to get himself a competent lawyer who understands RoC law to negotiate a decent compensation for him.


what i understand from his writing he is member of the Barrister in law as well in South .... to be member properly he knows the laws . Am i right TIM ?

No one cares all our personal ideas GR ..... You are not the Law to decide ... Law will decide who is right who is wrong !

The ECHR would not even look at such case because their first question would be…

“Have you approached the RoC for compensation via their expropriation laws?”

If his answer is “no” then they’ll say “Then what the hell are you doing here wasting our time if your human rights have not been violated?”

The only thing this stupid lawyer will accomplish is to make his client bankrupt with uselessly inappropriate and costly procedures!
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