Cyprus-Forum.com

[halil]

Transcript of Remarks by Special Adviser of the Secretary-General Alexander Downer following 21 October meeting

So, we’ve had three hours for the leaders this afternoon. They had a tête-à-tête for around an hour. It might have been a little more than an hour, actually, about an hour and half. And then they had a discussion for an hour-and-a-half or so about the issue of external relations. Tomorrow they will be meeting again at 10 o’ clock, and the leaders then will discuss the question of property. They will begin some discussions on that issue again. That is all I\'ve got to say, if there is anything you want to ask.

Question: [inaudible]… say about the executive issue?

Answer: Well, as you know, the last time they met they were discussing the executive issue and they\'re obviously having a think about some of the things that were put forward there. Obviously, there has been some speculation about that, but far be it for us to add to that speculation. But, obviously, there is a period of contemplation now on that issue while they talk about external relations. They have a bit of time to think about some of the ideas that have been put on the table there. They will talk a bit about property tomorrow and we will see how it goes.

Question: So, are we finished with the executive, then? Will we be finished with the executive tomorrow, then?

Answer: No, they won’t be talking about the executive tomorrow, they will be talking about property tomorrow. They will have to decide themselves. That is not to say the following week or the week after that they won’t once more go back to the question of the executive. As you know, these are big issues and different proposals come forward.

Question: [Inaudible]

Answer: Let\'s just take things one step at a time. At the moment, we are going through the second phase, they\'re exploring a lot of different options on how to handle the different issues. I would say it\'s a productive process. A lot of bridging proposals are put forward and they need time to think about these issues, work these issues through and discuss these issues.

Question: Who is putting the bridging proposals forward, is it the sides or the United Nations?

Answer: As you know, they do.

Question: Inaudible

Answer: I think the best answer to your question is that they\'ve been making steady progress, obviously they\'re exploring different ideas and they\'ve been making steady progress in doing that.


Thank you very much.
UNFICYP

[halil]

Transcript of Remarks by Special Adviser of the Secretary-General Alexander Downer following 21 October meeting

So, we’ve had three hours for the leaders this afternoon. They had a tête-à-tête for around an hour. It might have been a little more than an hour, actually, about an hour and half. And then they had a discussion for an hour-and-a-half or so about the issue of external relations. Tomorrow they will be meeting again at 10 o’ clock, and the leaders then will discuss the question of property. They will begin some discussions on that issue again. That is all I\'ve got to say, if there is anything you want to ask.

Question: [inaudible]… say about the executive issue?

Answer: Well, as you know, the last time they met they were discussing the executive issue and they\'re obviously having a think about some of the things that were put forward there. Obviously, there has been some speculation about that, but far be it for us to add to that speculation. But, obviously, there is a period of contemplation now on that issue while they talk about external relations. They have a bit of time to think about some of the ideas that have been put on the table there. They will talk a bit about property tomorrow and we will see how it goes.

Question: So, are we finished with the executive, then? Will we be finished with the executive tomorrow, then?

Answer: No, they won’t be talking about the executive tomorrow, they will be talking about property tomorrow. They will have to decide themselves. That is not to say the following week or the week after that they won’t once more go back to the question of the executive. As you know, these are big issues and different proposals come forward.

Question: [Inaudible]

Answer: Let\'s just take things one step at a time. At the moment, we are going through the second phase, they\'re exploring a lot of different options on how to handle the different issues. I would say it\'s a productive process. A lot of bridging proposals are put forward and they need time to think about these issues, work these issues through and discuss these issues.

Question: Who is putting the bridging proposals forward, is it the sides or the United Nations?

Answer: As you know, they do.

Question: Inaudible

Answer: I think the best answer to your question is that they\'ve been making steady progress, obviously they\'re exploring different ideas and they\'ve been making steady progress in doing that.


Thank you very much.
UNFICYP

Transcript of Remarks by Special Adviser of the Secretary-General Alexander Downer following 22 October Meeting

Good afternoon. The leaders had a meeting today for around two hours in just tête-à-tête session and then in the plenary. They began the discussion on the question of property. They had useful discussions and they have reserved their positions. The representatives, Mr. Iacovou and Mr. Nami are going to meet next Thursday and there will be further discussion at their level about the issue of property. At the next leader’s meeting next Tuesday the leaders will talk about the competencies of the federal government and there will be further discussions about the external relations issue as well, at that meeting. So that’s all I have for you today, if you have any questions I am happy to answer them.

Question: So, today it was just the property issue?

Answer: Yes, just the property issue.

Question: Any progress on this?

Answer: Well, as I have said the two leaders have reserved their positions, they have asked the representatives to meet again which will be next Thursday to have a further discussion in some detail about the issues they talked about today.

Thank you.
UNFICYP

[halil]

Speaking to reporters Mehmet Ali Talat said that the sides reserved their positions on the issue of property but added that they agreed to start discussing the criteria on the issue.

Noting that the point reached was the result of good will shown at the talks, Mr Talat said that the deadlock on the property issue had somewhat been overcome through the adoption of this method.

Talat noted that next week’s meeting will focus on the competences of the federal government which is to be discussed under the topic of `Governance and Power Sharing`.

[bill cobbett]

There's no "deadlock" on the property matter. Several cases before the ECHR have confirmed the property rights of the real owners and the ECJ also confirmed this in the matter of Apostolides v Orams earlier this year.

So take your "deadlock" with your Counterfeit Deeds and Your Thieving Scammy Ways and shove it Up Your Bum!

Now as to whether (as in the OP in another thread) an injunction could be issued by a Court in Nicosia to stop the discussion in these talks of property matter any expert view?

[Pax]

If Cyprus law follows English law in this regard, and I suspect that it does, then a court cannot intervene (that is injunct) in matters of public policy (which is what negotiations are). So long as the executive do not tread into judicial matters or act in even a quasi-judicial way then negotiations are immune from any court action. What may also feed into this, at least in the UK and I believe a similar approach was inherited in Cyprus, is that of crown prerogative (extended to the executive) and ministerial immunity meaning that ministers may act, albeit compliant with law, in the elaboration of public policy. It would be an almost impossible (never say never) case to be made to a court that a minister involved in bona fide negotiations was acting somehow illegally. Sure , if the guy is, say, offering bribes or other corrupt practices then a case could readily be made, but straightforward negotiation and diplomacy, no.

Nevertheless it is not unusual for the success of negotiations to require changes in the law in anticipation of, or in order to allow for a final settlement. For example, laws on amnesties, statutes of limitation, financial or compensation packages, etc. In these cases negotiators may be negotiating today in matters which are unlawful but which are planned to be legislated on. If courts could intervene in such public policy matters then many negotiated settlements would be impossible eg Good Friday Agreement