Cyprus-Forum.com

[Nikitas]

Human rights lawyer Eleni Meleagrou described her experience with the so called Properties Commission set up by Turkey as a "local remedy" in an interview with Politis newspaper today.

The interview is too long to translate, so I will set out the salient points.

Despite public statements to the contrary, the Commission applies article 159 of the TRNC "constitution" which deems all GC property in the north to have been abandoned and now as belonging to the "state".

None of the proceedings of the Commission are committed to writing. All communication to the plaintiff by the president of the Commission were oral.

The two foreign, non Turkish non TC, members of the Commission do not speak TUrkish and cannot understand the proceedings. Obviously their presence is decorative, to provide the excuse of objectivity needed for Turkey's public image.

The Commission does not discuss the possibility of compensation for the loss of property use and enjoyment (a fundmanetal human right), or the return of property. The Commission president presses the plaintiff to accept compensation and only compensation at 1974 land values.

The two cases where return of property was agreed were not initiated at the Commission but were already on the ECHR docket when the settlements were made.

In short the Commission is an ugly joke serving no purpose other than to bolster Turkey's PR campaign.

This is not the way to build goodwill in a small place like Cyprus where everyone knows everyone.

[-mikkie2-]

This is what I suspected would happen!

Currently the ECHR will base its decision as to whether this property commission provides an acceptebale internal remedy to property disputes in occupied Cyprus on the 8 cases that are currently being examined. Of course, Turkey will make sure these 8 cases are resolved according to ECHR criteria.

The problems will come afterwards when people recourse to this commission and find that the settlent they receive does not compare to the initial 8 cases that were settled. In this case, the applicant will have every right to take the case to the ECHR. Obvioulsy, Meleagru is a lawyer and has first hand experience of the commission and she is basically taking her case to the ECHR to show that it does not provide adequate remedies.

All this shows is that Turkey is simply using the 'commission' as a delaying tactic. It basically gives them a couple of years grace whereupon cases will end up back at the ECHR! Meleagru is basically making sure that this happens sooner rather than later. What is the Cyprus Governement doing about all this? Surely they should realise that they can counter what Turkey is doing and be actively doing something about it rather than just sitting by as an observer to events and then reacting.

Unfortunately, successive RoC governments have failed to grasp the tactical aspects of the problem and to how to counter it. You would have thought that they would have learned lessons and acted on them rather than repeating the same tactical errors again and again.

[AWE]

Well as the ECHR considers it a local remedy the only way to send cases back to the ECHR is to use the Commission and prove that the systems and procedures etc are not good enough - 1 lawyer saying so is not likely to be enough evidence for the ECHR to change it's view of the Commission.

In short challenge it and prove incompetent or it will remain the approved local remedy.

[Nikitas]

Turkey is simply using everything to entrench its claims. Someone has to cut off that rapacious hand.

We have been on the wrong track since day one on this and other aspects of the problem. We are stil ltalking about the system of governance and other nonsense when the adversary is actively erasing TCs from the island and is planning to to do the same to the rest of the population.

[-mikkie2-]

"Well as the ECHR considers it a local remedy"

No, you are wrong. The ECHR does not consider it a local remedy. It will consider the merits of this 'property commission' only on the 8 pilot cases that it has chosen and are currently being examoned. Turkey will obviously ensure that it gives adequate remedy to these 8 cases which will include compensation for loss of use, compensation for the property if it cant be returned using fair market values or the return of the property without conditions attached.

Only then with the ECHR accept it. And once it is implemented, it will still have to ensure that it meets the criteria. If it does not, then people will simply send their cases back to the ECHR.

Basically, it is a delaying tactic and nothing more. The 'commission' is basically a sham!

[AWE]

"Well as the ECHR considers it a local remedy"

No, you are wrong. The ECHR does not consider it a local remedy. It will consider the merits of this 'property commission' only on the 8 pilot cases that it has chosen and are currently being examoned. Turkey will obviously ensure that it gives adequate remedy to these 8 cases which will include compensation for loss of use, compensation for the property if it cant be returned using fair market values or the return of the property without conditions attached.

Only then with the ECHR accept it. And once it is implemented, it will still have to ensure that it meets the criteria. If it does not, then people will simply send their cases back to the ECHR.

Basically, it is a delaying tactic and nothing more. The 'commission' is basically a sham!

OK the ECHR is evaluating it as a possible local remedy - again find proof that it is not and put this to the ECHR otherwise it will become the local remedy.

[Sotos]

"Well as the ECHR considers it a local remedy"

No, you are wrong. The ECHR does not consider it a local remedy. It will consider the merits of this 'property commission' only on the 8 pilot cases that it has chosen and are currently being examoned. Turkey will obviously ensure that it gives adequate remedy to these 8 cases which will include compensation for loss of use, compensation for the property if it cant be returned using fair market values or the return of the property without conditions attached.

Only then with the ECHR accept it. And once it is implemented, it will still have to ensure that it meets the criteria. If it does not, then people will simply send their cases back to the ECHR.

Basically, it is a delaying tactic and nothing more. The 'commission' is basically a sham!

OK the ECHR is evaluating it as a possible local remedy - again find proof that it is not and put this to the ECHR otherwise it will become the local remedy.

Wrong! It will become a "local remedy" only if it is a local remedy. So if I ask for ALL my land back and rent that I WANT for the illegal occupation of my property for 35 years then the only remedy is to give me exactly what I want. If they don't then I can go to the ECHR. So even if they accept them as "local remedy" they can only delay me from going to the ECHR. The only way to stop me from going is to give me EXACTLY what I want which is all my land back plus the rent I want. And most Cypriots will accept nothing less than this.