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Tourists To The "north" Liable To Arrest?

How can we solve it? (keep it civilized)

Postby CopperLine » Sat Nov 28, 2009 1:28 pm

YFred wrote:
CopperLine wrote:Bill Cobbett
Whatever the status of the various hotels you mention (expropriated, illegally sold, etc) - and I've no problem with rightful ownership being restored - the implication that those who stay/visit such hotels or other tourist facilities are liable to arrest is really too far fetched. Whilst you are right in principle this is practically impossible to achieve. Trespass is a civil law matter and so would require all of the following improbable requirements to fall into place : tourist X in dodgy hotel Y would have to be seen by rightful property owner Z 'trespassing' in hotel Y. Property owner Z would then have to track and identify tourist X and issue a writ against them from a RoC court. Demonstrating tresspass is not as easy as it might first appear. Doing so against a foreign tourist, back in their home country is nigh on impossible.

In sum, if you treat this as a civil matter between erstwhile owner and tourist then it is, in my view, an empty threat.

By contrast if it was treated as a criminal matter, between the RoC and the tourist then all sorts of possibilities (probabilities) arise. The moment the tourist set foot in RoC (effective administration) they could be arrested, but it would still require some proof of entering/using illegally acquired property. Of course the obvious answer to this is to say that anyone entering the north is, by definition, entering illegally occupied/acquired territory and property. If that is the case then the problem is not with the TRNC but with the RoC to the extent that the latter allows people, tourists included, to travel to and from the north. It is RoC public policy to allow people to move to and fro across the Green Line; and that sends a clear message to tourists (and courts) that it is not regarded as illegal to travel to, use and return from illegally acquired territory/property. And that is the price that RoC has to pay for EU membership. (If RoC claims jurisdiction over the whole island then it is a fundamental of EU membership that it cannot then say that EU citizens, TCs and foreign tourists included, cannot go to and from territories under its jurisdiction).

In sum, in my view, unless RoC public policy changes by 180 degrees and thereby breaches basic EU acquis provisions then tourists in the north are not liable to arrest on criminal grounds and the chances are infinitesimally small on civil grounds.

Isn't that what we call a double edged sword?


It seems to be double-edged for RoC or at least for certain political views expressed by GC nationalists.

My view is that the most effective way of resolving the Cyprus Problem is to open the borders fully, encourage greater citizen movements across the borders, integrate commercially and socially north and south, at the same time as insisting on the removal of Turkish occupying troops (and SBA) and continuing legal and and political pressure for the restitution or compensation for property losses. 20 years after the fall of the Berlin Wall we might learn a lesson or two for Cyprus : the Wall fell not because stuck-in-the-past leadership wanted it but because ordinary citizens of east Germany wanted to travel, freedom of movement. (The Cyprus Problem is not the division of the island but the unshakeable conviction of most Cypriots that this fate has only befallen them, that their hurt is unique, and that they have therefore nothing to learn from others. That is Cyprus' problem).
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Postby YFred » Sat Nov 28, 2009 1:34 pm

CopperLine wrote:
YFred wrote:
CopperLine wrote:Bill Cobbett
Whatever the status of the various hotels you mention (expropriated, illegally sold, etc) - and I've no problem with rightful ownership being restored - the implication that those who stay/visit such hotels or other tourist facilities are liable to arrest is really too far fetched. Whilst you are right in principle this is practically impossible to achieve. Trespass is a civil law matter and so would require all of the following improbable requirements to fall into place : tourist X in dodgy hotel Y would have to be seen by rightful property owner Z 'trespassing' in hotel Y. Property owner Z would then have to track and identify tourist X and issue a writ against them from a RoC court. Demonstrating tresspass is not as easy as it might first appear. Doing so against a foreign tourist, back in their home country is nigh on impossible.

In sum, if you treat this as a civil matter between erstwhile owner and tourist then it is, in my view, an empty threat.

By contrast if it was treated as a criminal matter, between the RoC and the tourist then all sorts of possibilities (probabilities) arise. The moment the tourist set foot in RoC (effective administration) they could be arrested, but it would still require some proof of entering/using illegally acquired property. Of course the obvious answer to this is to say that anyone entering the north is, by definition, entering illegally occupied/acquired territory and property. If that is the case then the problem is not with the TRNC but with the RoC to the extent that the latter allows people, tourists included, to travel to and from the north. It is RoC public policy to allow people to move to and fro across the Green Line; and that sends a clear message to tourists (and courts) that it is not regarded as illegal to travel to, use and return from illegally acquired territory/property. And that is the price that RoC has to pay for EU membership. (If RoC claims jurisdiction over the whole island then it is a fundamental of EU membership that it cannot then say that EU citizens, TCs and foreign tourists included, cannot go to and from territories under its jurisdiction).

In sum, in my view, unless RoC public policy changes by 180 degrees and thereby breaches basic EU acquis provisions then tourists in the north are not liable to arrest on criminal grounds and the chances are infinitesimally small on civil grounds.

Isn't that what we call a double edged sword?


It seems to be double-edged for RoC or at least for certain political views expressed by GC nationalists.

My view is that the most effective way of resolving the Cyprus Problem is to open the borders fully, encourage greater citizen movements across the borders, integrate commercially and socially north and south, at the same time as insisting on the removal of Turkish occupying troops (and SBA) and continuing legal and and political pressure for the restitution or compensation for property losses. 20 years after the fall of the Berlin Wall we might learn a lesson or two for Cyprus : the Wall fell not because stuck-in-the-past leadership wanted it but because ordinary citizens of east Germany wanted to travel, freedom of movement. (The Cyprus Problem is not the division of the island but the unshakeable conviction of most Cypriots that this fate has only befallen them, that their hurt is unique, and that they have therefore nothing to learn from others. That is Cyprus' problem).

You are forgetting the real problem with Greeks of all kind in general. The world is divided into 2. Those who are pro Cyprus and those against. Perhaps some therapy may come handy to get rid of that little problem first before we tackle any of the more serious problems that we face.
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Postby CopperLine » Sat Nov 28, 2009 2:27 pm

YFred,
It is not an issue of Greeks at all. It is a matter of politics. Greek Cypriot nationalists are mirror images of Turkish Cypriot nationalists. What unites them is their anti-democratic politics, what divides them is their particular twist of nationalism. Both sets of nationalists - like all fundamentalist ideologues - are terrified that ordinary people should mix with each other and discover that the other is not red-eyed, horned and devil-tailed.
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Postby Kikapu » Sat Nov 28, 2009 3:25 pm

Viewpoint wrote:Cant wait to read about the first arrests, when do you think they will take place? CTA better buy a few more planes.


That would be a big mistake by the CTA to buy more planes, I'm afraid.!

Just how long do you think after UK goes along with the ECJ rulings on the Orams case will the CTA come under fire for compensation from the GC owners for CTA trespassing on GC land at ercan. These planes are likely be confiscated at foreign airports once judgements have passed and payments not made by CTA. There will be constant interruptions to their operations by loads of cases against them.!

Something to think about.!
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Postby vaughanwilliams » Sat Nov 28, 2009 3:31 pm

Kikapu wrote:
Viewpoint wrote:Cant wait to read about the first arrests, when do you think they will take place? CTA better buy a few more planes.


That would be a big mistake by the CTA to buy more planes, I'm afraid.!

Just how long do you think after UK goes along with the ECJ rulings on the Orams case will the CTA come under fire for compensation from the GC owners for CTA trespassing on GC land at ercan. These planes are likely be confiscated at foreign airports once judgements have passed and payments not made by CTA. There will be constant interruptions to their operations by loads of cases against them.!

Something to think about.!


You wish. RoC courts have no jurisdiction over the TRNC. You cannot compare CTA with Orams who are EU citizens with property in the UK. If CTA had assets in the EUyou might be able to make a case. Otherwise, forget it.
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Postby CopperLine » Sat Nov 28, 2009 3:55 pm

CTA does have assets in the UK so, in principle, these could be taken. The issues are quite complex though. Furthermore CTA, as far as I am aware, is not the claimed owner of Ercan airport.

Before taking this any further it might be worth which other companies could also be in the firing line - HSBC, Vodaphone, all the multinational car manufacturers and distributors, oil and gas companies, etc all operate in the north.
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Postby Malapapa » Sat Nov 28, 2009 4:04 pm

CopperLine wrote:CTA does have assets in the UK so, in principle, these could be taken. The issues are quite complex though. Furthermore CTA, as far as I am aware, is not the claimed owner of Ercan airport.

Before taking this any further it might be worth which other companies could also be in the firing line - HSBC, Vodaphone, all the multinational car manufacturers and distributors, oil and gas companies, etc all operate in the north.


If the Cypriot government hasn't mobilised a team of lawyers and offered legal aid to individual property owners wishing to prepare cases against such multi-nationals post-Orams then the Cypriot tax-payer ought to be asking serious questions.
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Postby Oracle » Sat Nov 28, 2009 4:26 pm

CopperLine wrote: ... It is RoC public policy to allow people to move to and fro across the Green Line; and that sends a clear message to tourists (and courts) that it is not regarded as illegal to travel to, use and return from illegally acquired territory/property. And that is the price that RoC has to pay for EU membership....


Rubbish, CopperLine!

It is not illegal to travel to the north (it is occupied, not "acquired");but that does not set up a precedent to absolve anyone from committing any crimes or illegal acts once they are there! It's not a free-for-all to do as you wish, just because you can access all parts of the RoC.
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Postby YFred » Sat Nov 28, 2009 4:42 pm

CopperLine wrote:YFred,
It is not an issue of Greeks at all. It is a matter of politics. Greek Cypriot nationalists are mirror images of Turkish Cypriot nationalists. What unites them is their anti-democratic politics, what divides them is their particular twist of nationalism. Both sets of nationalists - like all fundamentalist ideologues - are terrified that ordinary people should mix with each other and discover that the other is not red-eyed, horned and devil-tailed.

I agree with you regarding the above, but GCs do suffer from a further complication. They tend to separate the whole world into two. Either they are Greekofiles or Turkofiles. It's quite funny, Bannaniot will confirm the existence of such an affliction. Like Bush's famous saying "you are either with us or against us".
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Postby Get Real! » Sat Nov 28, 2009 4:59 pm

vaughanwilliams wrote:About how much revenue would you say would by lost to the RoC economy if everyone travelling to TRNC stopped using Larnaca and used Ercan instead? People only use LCA because it is convenient and often cheaper. The threat of arrest might convince the travelling public that it ain't worth it. Just what CTA needs, I'd say.

:roll: The carpetbaggers (2,000? 5,000?) are a drop in the ocean compared to the annual 2.5 million tourists that arrive at Larnaca and Paphos.
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