Cyprus-Forum.com

[paaul12]

did u all miss this one!!!!


Apostolides’ big win might just become our big loss

REFUGEE Meletis Apostolides took a risk when he decided to sue David and Linda Orams because they had built villa on his land in Turkish-occupied Lapithos. His subsequent decision to apply to a British court for the execution of the Cyprus court order and the positive outcome – after the ruling of the European Court of Justice – was greeted as a triumph of justice and the principles of the European Union.

The court decision recognised the right to ownership and put the brakes on the continuing development of Greek Cypriot properties in the north. The legal value of the decision is significant, but if it is not utilised rationally, it could turn into the nightmare of the Cyprus problem.

Recently, the Cyprus Republic settled a case that had been brought before the European Court of Human Rights by Turkish Cypriot Sofi Nezire. It agreed to pay her €500,000 as damages for loss if use of one-and-a-half houses (she is co-owner in the second) in Larnaca in which Greek Cypriot refugees are living. This settlement has opened Pandora’s Box with regard to Turkish Cypriot properties in the areas controlled by the Republic.

After 1974, the Republic put all Turkish Cypriot properties under the guardianship of the Interior Minister, who prohibits their sale, exchange and transfer because of the state of emergency. So far so good. However, without following proper expropriation procedures, the Republic took large expanses of Turkish Cypriot-owned land for development projects and for refugee estates.

The whole of the old Larnaca Airport and a part of the new one were built on Turkish Cypriot land. The owner of the land is a citizen of the Republic lives in Larnaca and has a Cyprus passport and ID card. The government has been paying him a handsome monthly allowance as part of its efforts to persuade him not to claim his property in the courts.

What would happen if he applies to a Cyprus court demanding the demolition of the old Larnaca Airport? How can the court reject such an application, given its decision in the Orams case?

Like Apostolides, the man is a Cypriot citizen. And what would happen if Turkish Cypriots come to our courts en masse, demanding compensation for loss of use of their properties and restitution? Will our government demolish the refugee estates? Will it expropriate all the Turkish Cypriot land now? The amounts involved would be prohibitive and the political consequences devastating.

Until now, the Republic had the Law of the Guardian which froze all transactions of Turkish Cypriot-owned properties and prohibited restitution. But part of the settlement reached with Sofi Nezire, includes the written undertaking by the Cyprus Republic for the amendment of the Guardian Law so as to allow all Turkish Cypriots living outside Cyprus or in the unoccupied areas, to take back their properties.

At least 100,000 Turkish Cypriots are registered citizens of the Republic. A large number of them live in the UK but should we be surprised if more and more of them decided to move back to the island to take back ownership of their properties which could be worth millions of euro at today’s prices? The financial incentive cannot be underestimated.

This is not just idle speculation or alarmism. After the government’s undertaking at the ECHR it is a very real possibility. This would not be the only unpleasant development. Soon, the ECHR is expected to refer the thousands of recourses filed by Greek Cypriots against Turkey to the compensation commission in the north. In other words, while the Greek Cypriots would have to apply to the commission of a non-recognised entity and receive peanuts as compensation for their properties, Turkish Cypriots would apply to the Republic’s courts and be given back their properties.

The only thing that could spare us from this scenario would be a political solution, even though prospects for this are not very rosy. Resorting to the law as tool for securing a better solution might be useful, but the idea that the legalistic approach could supplant political negotiations is now totally discredited.

Source: http://www.cyprus-mail.com/opinions/apo ... s/20100214

[CopperLine]

As I have been saying all along, what is sauce for the goose is sauce for the gander.

[YFred]

GR, where the fcuk are you? What have you done with your fcukin links

Perhaps for once our GC friends can finally see the roc law application in operation.

[Malapapa]

did u all miss this one!!!!


Apostolides’ big win might just become our big loss

REFUGEE Meletis Apostolides took a risk when he decided to sue David and Linda Orams because they had built villa on his land in Turkish-occupied Lapithos. His subsequent decision to apply to a British court for the execution of the Cyprus court order and the positive outcome – after the ruling of the European Court of Justice – was greeted as a triumph of justice and the principles of the European Union.

The court decision recognised the right to ownership and put the brakes on the continuing development of Greek Cypriot properties in the north. The legal value of the decision is significant, but if it is not utilised rationally, it could turn into the nightmare of the Cyprus problem.

Recently, the Cyprus Republic settled a case that had been brought before the European Court of Human Rights by Turkish Cypriot Sofi Nezire. It agreed to pay her €500,000 as damages for loss if use of one-and-a-half houses (she is co-owner in the second) in Larnaca in which Greek Cypriot refugees are living. This settlement has opened Pandora’s Box with regard to Turkish Cypriot properties in the areas controlled by the Republic.

After 1974, the Republic put all Turkish Cypriot properties under the guardianship of the Interior Minister, who prohibits their sale, exchange and transfer because of the state of emergency. So far so good. However, without following proper expropriation procedures, the Republic took large expanses of Turkish Cypriot-owned land for development projects and for refugee estates.

The whole of the old Larnaca Airport and a part of the new one were built on Turkish Cypriot land. The owner of the land is a citizen of the Republic lives in Larnaca and has a Cyprus passport and ID card. The government has been paying him a handsome monthly allowance as part of its efforts to persuade him not to claim his property in the courts.

What would happen if he applies to a Cyprus court demanding the demolition of the old Larnaca Airport? How can the court reject such an application, given its decision in the Orams case?

Like Apostolides, the man is a Cypriot citizen. And what would happen if Turkish Cypriots come to our courts en masse, demanding compensation for loss of use of their properties and restitution? Will our government demolish the refugee estates? Will it expropriate all the Turkish Cypriot land now? The amounts involved would be prohibitive and the political consequences devastating.

Until now, the Republic had the Law of the Guardian which froze all transactions of Turkish Cypriot-owned properties and prohibited restitution. But part of the settlement reached with Sofi Nezire, includes the written undertaking by the Cyprus Republic for the amendment of the Guardian Law so as to allow all Turkish Cypriots living outside Cyprus or in the unoccupied areas, to take back their properties.

At least 100,000 Turkish Cypriots are registered citizens of the Republic. A large number of them live in the UK but should we be surprised if more and more of them decided to move back to the island to take back ownership of their properties which could be worth millions of euro at today’s prices? The financial incentive cannot be underestimated.

This is not just idle speculation or alarmism. After the government’s undertaking at the ECHR it is a very real possibility. This would not be the only unpleasant development. Soon, the ECHR is expected to refer the thousands of recourses filed by Greek Cypriots against Turkey to the compensation commission in the north. In other words, while the Greek Cypriots would have to apply to the commission of a non-recognised entity and receive peanuts as compensation for their properties, Turkish Cypriots would apply to the Republic’s courts and be given back their properties.

The only thing that could spare us from this scenario would be a political solution, even though prospects for this are not very rosy. Resorting to the law as tool for securing a better solution might be useful, but the idea that the legalistic approach could supplant political negotiations is now totally discredited.

Source: http://www.cyprus-mail.com/opinions/apo ... s/20100214

Let the rule of law prevail, both north and south. Is the "compensation commission in the north" recognised by the RoC (the legitimate authority over the entire island)? Because the ECHR may have serious problems referring displaced people to it otherwise.

[bill cobbett]

(Firstly must say about the old Larnaca Airport ... we've discussed this before and only 3% was shown to be tissy owned)

More to the point though, as Mr Candounas has said, more than once, the Orams case was a victory for all CYs, cos it reinforced the rule of normal laws and of all property rights throughout the Island.

Then if we really need to come back to the normal them and us tribalism, if there is a victory for one community over the other, in the usual CY way of looking at things, shouldn't we consider how much land in the Free Areas is in tissy ownership and how much of the Occupied North is in the freehold of the grissy lot? If we really want to look at it with the usual them and us mentality it's a no contest.

[Malapapa]

(Firstly must say about the old Larnaca Airport ... we've discussed this before and only 3% was shown to be tissy owned)

More to the point though, as Mr Candounas has said, more than once, the Orams case was a victory for all CYs, cos it reinforced the rule of normal laws and of all property rights throughout the Island.

Amen.

Then if we really need to come back to the normal them and us tribalism, if there is a victory for one community over the other, in the usual CY way of looking at things, shouldn't we consider how much land in the Free Areas is in tissy ownership and how much of the Occupied North is in the freehold of the grissy lot? If we really want to look at it with the usual them and us mentality it's a no contest.

For "them" read outlaws, for "us" read victims. In the courts it's no contest.

[YFred]

(Firstly must say about the old Larnaca Airport ... we've discussed this before and only 3% was shown to be tissy owned)

More to the point though, as Mr Candounas has said, more than once, the Orams case was a victory for all CYs, cos it reinforced the rule of normal laws and of all property rights throughout the Island.

Then if we really need to come back to the normal them and us tribalism, if there is a victory for one community over the other, in the usual CY way of looking at things, shouldn't we consider how much land in the Free Areas is in tissy ownership and how much of the Occupied North is in the freehold of the grissy lot? If we really want to look at it with the usual them and us mentality it's a no contest.

When the roc orders a building built on a TC land to be demolished, we can then all celebrate it as victory but till then I will not hold my breath as I wish to live for a while longer to see the better days ahead.

[cymart]

Is probably one of the best journalists on the island,north or south because he sticks his neck out and says the truth,even when it is not to some peoples liking! Stalin had such people shot and there are quite a few regimes even today who would probably do likewise!

[Malapapa]

Is probably one of the best journalists on the island,north or south because he sticks his neck out and says the truth,even when it is not to some peoples liking! Stalin had such people shot and there are quite a few regimes even today who would probably do likewise!

Soon, the ECHR is expected to refer the thousands of recourses filed by Greek Cypriots against Turkey to the compensation commission in the north. In other words, while the Greek Cypriots would have to apply to the commission of a non-recognised entity and receive peanuts as compensation for their properties,

This certainly isn't the truth; this is nonsensical scaremongering.

[YFred]

Can we have some clarification regarding how many properties are involved. Is this in any way connected to the 8500 figure mentioned in the past?
Where GR with his bloody links when you need him.
Reh RizoGarpazo gharo, bu ebies je hahiges?