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Orams appeal dismissed

How can we solve it? (keep it civilized)

Postby vaughanwilliams » Tue Feb 02, 2010 3:48 pm

bill cobbett wrote:
Malapapa wrote:
vaughanwilliams wrote:
-mikkie2- wrote:yes, which is why the RoC is changing the law so that ex-pat TC's can get their property back when they want.
Any TC, not just ex-pat. You also need to get rid of the "living in RoC for 6 months while your claim is processed" condition, while you're at it.
The 'trnc' will have to do the same.


I think individuals may need to challenge the RoC legally on this "six months condition", to see whether it has a case for sticking to this stipulation.

Of course, meanwhile individuals are busy challenging Turkey, and its subordinate regime in the north, for depriving them of their property rights, not just for a six month period but indefinitely. The $400 billion class action lawsuit in the US should be particularly interesting as well as all the ECHR judgements.


Yes this 6 month residency rule is well past its sell-by date. Had uses in the past, but now that so many, many tissies have RoC ID cards and passports, the matter of proving identity is much,much easier.

It should be as easy for tissies to enjoy their lands as any other EU citizens.

If the Roc doesn't act on this soon, then some concerned tissies should haul the RoC up before the ECHR on this now past-it rule.

(Shame that Sofi person took the RoC's Harem Money and we lost the chance to see the ECHR's opinion on this)

I think the RoC settled because they knew which way it was going to go and didn't want a precedent setting. In other words they now know, if they didn't before, that this rule is WRONG.
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Postby Malapapa » Tue Feb 02, 2010 3:48 pm

vaughanwilliams wrote:
Malapapa wrote:
vaughanwilliams wrote:
-mikkie2- wrote:yes, which is why the RoC is changing the law so that ex-pat TC's can get their property back when they want.
Any TC, not just ex-pat. You also need to get rid of the "living in RoC for 6 months while your claim is processed" condition, while you're at it.
The 'trnc' will have to do the same.


I think individuals may need to challenge the RoC legally on this "six months condition", to see whether it has a case for sticking to this stipulation.

Of course, meanwhile individuals are busy challenging Turkey, and its subordinate regime in the north, for depriving them of their property rights, not just for a six month period but indefinitely. The $400 billion class action lawsuit in the US should be particularly interesting as well as all the ECHR judgements.

The 6 month rule, as I understand it, seems to be completely arbitrary as the claimant needs to have lived in RoC for 6 months BEFORE he can make a claim??? I can just about accept that you might want the claimant to live in RoC WHILST the claim is processed, but BEFORE???


Just stop trespassing and stop complaining.
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Postby CBBB » Tue Feb 02, 2010 3:48 pm

bill cobbett wrote:
Malapapa wrote:
vaughanwilliams wrote:
-mikkie2- wrote:yes, which is why the RoC is changing the law so that ex-pat TC's can get their property back when they want.
Any TC, not just ex-pat. You also need to get rid of the "living in RoC for 6 months while your claim is processed" condition, while you're at it.
The 'trnc' will have to do the same.


I think individuals may need to challenge the RoC legally on this "six months condition", to see whether it has a case for sticking to this stipulation.

Of course, meanwhile individuals are busy challenging Turkey, and its subordinate regime in the north, for depriving them of their property rights, not just for a six month period but indefinitely. The $400 billion class action lawsuit in the US should be particularly interesting as well as all the ECHR judgements.


Yes this 6 month residency rule is well past its sell-by date. Had uses in the past, but now that so many, many tissies have RoC ID cards and passports, the matter of proving identity is much,much easier.

It should be as easy for tissies to enjoy their lands as any other EU citizens.

If the Roc doesn't act on this soon, then some concerned tissies should haul the RoC up before the ECHR on this now past-it rule.

(Shame that Sofi person took the RoC's Harem Money and we lost the chance to see the ECHR's opinion on this)


The impression I got from the GC side in the Sofi case was that they would be addressing the 6 months issue. OK, knowing how long it takes for things to happen here (regardless of whether TCs are involved) it could take 10 years to change!
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Postby bill cobbett » Tue Feb 02, 2010 3:53 pm

CBBB wrote:
bill cobbett wrote:
Malapapa wrote:
vaughanwilliams wrote:
-mikkie2- wrote:yes, which is why the RoC is changing the law so that ex-pat TC's can get their property back when they want.
Any TC, not just ex-pat. You also need to get rid of the "living in RoC for 6 months while your claim is processed" condition, while you're at it.
The 'trnc' will have to do the same.


I think individuals may need to challenge the RoC legally on this "six months condition", to see whether it has a case for sticking to this stipulation.

Of course, meanwhile individuals are busy challenging Turkey, and its subordinate regime in the north, for depriving them of their property rights, not just for a six month period but indefinitely. The $400 billion class action lawsuit in the US should be particularly interesting as well as all the ECHR judgements.


Yes this 6 month residency rule is well past its sell-by date. Had uses in the past, but now that so many, many tissies have RoC ID cards and passports, the matter of proving identity is much,much easier.

It should be as easy for tissies to enjoy their lands as any other EU citizens.

If the Roc doesn't act on this soon, then some concerned tissies should haul the RoC up before the ECHR on this now past-it rule.

(Shame that Sofi person took the RoC's Harem Money and we lost the chance to see the ECHR's opinion on this)


The impression I got from the GC side in the Sofi case was that they would be addressing the 6 months issue. OK, knowing how long it takes for things to happen here (regardless of whether TCs are involved) it could take 10 years to change!


Problem with these "out of court settlements" we didn't get to see a public, legally binding, resolution of the wider matter of the 6 month rule as it would apply to 10,000s of tissies.

10 years!!!! Hopefully sooner, but yes, the courts do take so many years their many wonders to perform. :cry:
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Postby Tim Drayton » Tue Feb 02, 2010 3:55 pm

CBBB wrote:
bill cobbett wrote:
Malapapa wrote:
vaughanwilliams wrote:
-mikkie2- wrote:yes, which is why the RoC is changing the law so that ex-pat TC's can get their property back when they want.
Any TC, not just ex-pat. You also need to get rid of the "living in RoC for 6 months while your claim is processed" condition, while you're at it.
The 'trnc' will have to do the same.


I think individuals may need to challenge the RoC legally on this "six months condition", to see whether it has a case for sticking to this stipulation.

Of course, meanwhile individuals are busy challenging Turkey, and its subordinate regime in the north, for depriving them of their property rights, not just for a six month period but indefinitely. The $400 billion class action lawsuit in the US should be particularly interesting as well as all the ECHR judgements.


Yes this 6 month residency rule is well past its sell-by date. Had uses in the past, but now that so many, many tissies have RoC ID cards and passports, the matter of proving identity is much,much easier.

It should be as easy for tissies to enjoy their lands as any other EU citizens.

If the Roc doesn't act on this soon, then some concerned tissies should haul the RoC up before the ECHR on this now past-it rule.

(Shame that Sofi person took the RoC's Harem Money and we lost the chance to see the ECHR's opinion on this)


The impression I got from the GC side in the Sofi case was that they would be addressing the 6 months issue. OK, knowing how long it takes for things to happen here (regardless of whether TCs are involved) it could take 10 years to change!


As far as I know the RoC Attorney General's office had to sign a declaration of intent to alter this arrangement as part of the Sofi out of court settlement.
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Postby vaughanwilliams » Tue Feb 02, 2010 3:56 pm

bill cobbett wrote:
CBBB wrote:
bill cobbett wrote:
Malapapa wrote:
vaughanwilliams wrote:
-mikkie2- wrote:yes, which is why the RoC is changing the law so that ex-pat TC's can get their property back when they want.
Any TC, not just ex-pat. You also need to get rid of the "living in RoC for 6 months while your claim is processed" condition, while you're at it.
The 'trnc' will have to do the same.


I think individuals may need to challenge the RoC legally on this "six months condition", to see whether it has a case for sticking to this stipulation.

Of course, meanwhile individuals are busy challenging Turkey, and its subordinate regime in the north, for depriving them of their property rights, not just for a six month period but indefinitely. The $400 billion class action lawsuit in the US should be particularly interesting as well as all the ECHR judgements.


Yes this 6 month residency rule is well past its sell-by date. Had uses in the past, but now that so many, many tissies have RoC ID cards and passports, the matter of proving identity is much,much easier.

It should be as easy for tissies to enjoy their lands as any other EU citizens.

If the Roc doesn't act on this soon, then some concerned tissies should haul the RoC up before the ECHR on this now past-it rule.

(Shame that Sofi person took the RoC's Harem Money and we lost the chance to see the ECHR's opinion on this)


The impression I got from the GC side in the Sofi case was that they would be addressing the 6 months issue. OK, knowing how long it takes for things to happen here (regardless of whether TCs are involved) it could take 10 years to change!


Problem with these "out of court settlements" we didn't get to see a public, legally binding, resolution of the wider matter of the 6 month rule as it would apply to 10,000s of tissies.

10 years!!!! Hopefully sooner, but yes, the courts do take so many years their many wonders to perform. :cry:


I think we may get to see a similar case with the TCs underwriting it all the way to a judgement, to get the precedent set.
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Postby bill cobbett » Tue Feb 02, 2010 4:01 pm

vaughanwilliams wrote:
bill cobbett wrote:
CBBB wrote:
bill cobbett wrote:
Malapapa wrote:
vaughanwilliams wrote:
-mikkie2- wrote:yes, which is why the RoC is changing the law so that ex-pat TC's can get their property back when they want.
Any TC, not just ex-pat. You also need to get rid of the "living in RoC for 6 months while your claim is processed" condition, while you're at it.
The 'trnc' will have to do the same.


I think individuals may need to challenge the RoC legally on this "six months condition", to see whether it has a case for sticking to this stipulation.

Of course, meanwhile individuals are busy challenging Turkey, and its subordinate regime in the north, for depriving them of their property rights, not just for a six month period but indefinitely. The $400 billion class action lawsuit in the US should be particularly interesting as well as all the ECHR judgements.


Yes this 6 month residency rule is well past its sell-by date. Had uses in the past, but now that so many, many tissies have RoC ID cards and passports, the matter of proving identity is much,much easier.

It should be as easy for tissies to enjoy their lands as any other EU citizens.

If the Roc doesn't act on this soon, then some concerned tissies should haul the RoC up before the ECHR on this now past-it rule.

(Shame that Sofi person took the RoC's Harem Money and we lost the chance to see the ECHR's opinion on this)


The impression I got from the GC side in the Sofi case was that they would be addressing the 6 months issue. OK, knowing how long it takes for things to happen here (regardless of whether TCs are involved) it could take 10 years to change!


Problem with these "out of court settlements" we didn't get to see a public, legally binding, resolution of the wider matter of the 6 month rule as it would apply to 10,000s of tissies.

10 years!!!! Hopefully sooner, but yes, the courts do take so many years their many wonders to perform. :cry:


I think we may get to see a similar case with the TCs underwriting it all the way to a judgement, to get the precedent set.


Absolutely mate, been saying this for months, along with others. All the way to a judgment but as has been said it takes years and years. Had the Sofi case continued, we would have had a judgment by this Summer. So we start all over again and wait years and years or wait for the Roc politicians to abolish it, which again will take a very long time.

Really was disgusted that Sofi took the money.
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Postby -mikkie2- » Tue Feb 02, 2010 4:20 pm

There is no 6 month rule for ex-pat TC's. The 6 month rule is valid for TC's that move from the north to the south so as to prove that they intend to stay in the RoC and to avoid double dipping. At least that is my understanding.

The Attorney General has now proposed changes so that ex-pat TC's can get their property back pretty much straight away and is the result of the Sofi case.

My point about the 'property commssion' in the north is that is simply delays the inevitable and that is the proper return and compensation of GC property in the north. The Turks are slowly digging a very big hole for themselves if they push the 'property commission' as an internal remedy that gets appoval from the ECHR. Once it does, it will lay itself open to challenge. It is basically a double edged sword for the TC's that will end up being a boomerang!
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Postby bill cobbett » Tue Feb 02, 2010 4:38 pm

-mikkie2- wrote:There is no 6 month rule for ex-pat TC's. The 6 month rule is valid for TC's that move from the north to the south so as to prove that they intend to stay in the RoC and to avoid double dipping. At least that is my understanding.

The Attorney General has now proposed changes so that ex-pat TC's can get their property back pretty much straight away and is the result of the Sofi case.

My point about the 'property commssion' in the north is that is simply delays the inevitable and that is the proper return and compensation of GC property in the north. The Turks are slowly digging a very big hole for themselves if they push the 'property commission' as an internal remedy that gets appoval from the ECHR. Once it does, it will lay itself open to challenge. It is basically a double edged sword for the TC's that will end up being a boomerang!


Can I briefly say this on this "double dipping" business.....

It ain't double dipping cos on the one side of the dip we have a perfectly legal transaction and on the other side of the dip we have an legally non-existant, invalid and illegal attempt at transfer.

As has been re-affirmed in the Orams matter, whatever scabby mis-deeds have been carried out in various Scams by the Occupation Regime should no longer concern us, if ever they did.

As to the "property commission", we've had 100 cases (?) and as far as know only two have been allowed restitution. It can never be an effective remedy cos it works unfairly in the shady environment of the Occupation Regime's Racist Property Laws and Constitution, and meaning for anyone returning, living under the Police State/Military of Turkey.
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Postby vaughanwilliams » Tue Feb 02, 2010 5:32 pm

-mikkie2- wrote:There is no 6 month rule for ex-pat TC's. The 6 month rule is valid for TC's that move from the north to the south so as to prove that they intend to stay in the RoC and to avoid double dipping. At least that is my understanding.
Moving to the RoC doesn't show any intention other than you are making a claim. Once the claim is settled, are you going to prevent them leaving?

The Attorney General has now proposed changes so that ex-pat TC's can get their property back pretty much straight away and is the result of the Sofi case.
They can't get their property back until there is a settlement to the Cyprus Problem, as the law stands at the moment.
My point about the 'property commssion' in the north is that is simply delays the inevitable and that is the proper return and compensation of GC property in the north. The Turks are slowly digging a very big hole for themselves if they push the 'property commission' as an internal remedy that gets appoval from the ECHR. Once it does, it will lay itself open to challenge. It is basically a double edged sword for the TC's that will end up being a boomerang!
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