by Jerry » Mon Mar 08, 2010 6:03 pm
This decision of the ECHR has the effect of legalising what Turkey did in 1974. Turkey can now, in effect, buy north Cyprus. Turkey claimed: -
“They noted that restitution would not be feasible in all cases, or immediately, as had been acknowledged in the Annan Plan. There had been considerable land transactions in the northern area over the years and the Convention rights of third parties also had to be protected. The new Law was designed to establish a fair balance between these conflicting rights. Providing for restitution without regard to the present occupants might also endanger public order and peace in both communities on the island”
And the ECHR agreed: - “Yet it would be unrealistic to expect that as a result of these cases the Court should, or could, directly order the Turkish Government to ensure that these applicants obtain access to, and full possession of, their properties, irrespective of who is now living there or whether the property is allegedly in a militarily sensitive zone or used for vital public purposes.”
This means that the carpetbaggers and illegal immigrants have little or no fear of losing “their property”. Turkey’s waiting game has paid off. The EHCR has totally accepted the proposals of the IPC; there is not one instance in the entire judgment where it questions IPC proposals.
It gets worse, applications to the IPC have to be submitted by 21st December 2011, there is no mention as to whether this deadline will ever be, or the ECHR expects it to be, extended. Applicants who refuse the decision of the IPC cannot then go to the ECHR until they have exhausted all local remedies – that means an appeal to the “High Administrative Court” of the “trnc”. Such an appeal could involve additional cost, take years and almost certainly deliver an unfavourable verdict.
As Bill has said the UK (and presumably other EU members) are obliged to enforce the judgments of member States but we have yet to see the outcome of the Orams appeal to the ECHR regarding the fairness of the ROC trial. Another Apostolides type win (Weedons ?) could counter the effects of this ECHR judgment but Candounas made it quite clear that the biggest problem with bringing cases against the likes of Orams was identifying defendants that had EU assets in the first place. The easiest path to follow is the IPC for a mere 100Turkish Lira instead of thousands of £s in lawyer fees.
I believe that, unfettered by the realistic threat of litigation and with Turkey picking up the tab, the first noticeable effect of this judgment will be increased activity and prices of the sale of our property in the north. This will cause much resentment amongst GCs with the result that inter-communal relations and contacts will deteriorate. One of the CY44 carpetbaggers has already warned his fellow thieves to take care in the ROC from now on.
This decision has made me very angry, it legalises the theft of land. I see it as a punishment for the actions of a few dozen fascists (from both sides). It’s international injustices like this that spawned the PLO and Al Qaeda. If Cypriots were as poor as the Palestinians in Gaza, with little or nothing to lose, this ECHR decision could have been the starting pistol for another international terrorist movement. If I were a few years younger I’d join “EOKA C” tomorrow.
