Cyprus-Forum.com

[paliometoxo]

NICOSIA --- The government has described as “wrong” a decision by the European Court of Human Rights which recognises the self-styled immovable property commission (IPC), in Turkish occupied Cyprus, and calls on Greek Cypriots to address themselves to this commission if they want to claim their occupied properties.

The government stressed that the judgment will be “respected” but it believes that it is a “negative development”, pointing out that the Court cannot refer property owners to means which are essentially the product of illegality, if they want to seek restitution of their right to their Turkish occupied property.

Nicosia has also stressed that the Court refers to the continuing Turkish occupation of Cyprus’ northern part and points out Ankara’s responsibility to recognise the property rights of Greek Cypriots.

“We should not give the impression, as some are doing, that political issues such the Cyprus problem can be resolved in the courts. Political issues are settled at the negotiating table and there we table our positions, having as a tool and a weapon international law, resolutions, conventions on human rights and court rulings,” Government Spokesman Stephanos Stephanou said here today.

The European Court (ECHR), in Strasbourg, said that the IPC is an effective domestic remedy as far as property claims are concerned, and that Greek Cypriots must first exhaust all domestic remedies before resorting to the ECHR, including the so-called high administrative court in the occupied areas.

The Court, Stephanou points out, makes it clear that Greek Cypriots have not lost their title deed on their occupied property and indirectly albeit clearly the Court rejects acts which have transferred such properties illegally to Turkey.

“Unfortunately, the Court claims that after 35 years, it is not possible to effect restitution in all cases of Greek Cypriots, owners of property in occupied Cyprus, noting in an arbitrary manner the practical and legal difficulties which might arise and could create new injustice,” the Spokesman said.

Turkey, he said, is the occupation power and violates the Republic’s territorial integrity and international law. “One can consequently ask how the Court can refer Greek Cypriots to an illegal commission which is founded on Turkey’s unlawful acts,” Stephanou remarked.

The Spokesman acknowledged that a series of problems arise from this judgment, adding that the court ruling is also the result of the view of the Court that the volume of work it has to deal with can be eased if it is dealt with on a national level.

“This cannot be considered a surprise, for years now the Court had indicated its orientation towards this direction. The huge number of applications filed by Greek Cypriots provided a pretext to the Court to describe the so-called commission as an effective domestic remedy,” he added, recalling that Cyprus President Demetris Christofias had warned that mass applications to the Court might run risks which should be avoided.

Asked if the Court ruling could affect the ongoing peace talks for a political settlement, in particular the property issue, he said “this specific judgment obviously has its problems, repercussions and ramifications which we will evaluate very carefully to see how exactly to deal with them.”

“However, we stick to our positions of principle which we have tabled at the talks and which are based on international law and other court decisions. Irrespective of any problems that may arise, we shall continue to claim the rights of the Greek Cypriots and the rights of our people as a whole through the solution of the Cyprus question,” Stephanou stressed.

Replying to other questions, he said that in the past the government had recommended great caution with regard to mass applications to the ECHR, because this might have had various repercussions.

Nonetheless, he stressed, “then and now nobody can obstruct any citizen, any refugee from claiming his rights, but we also have an obligation, from the political point of view, to point out what should be done collectively to help efforts for a solution.”

“We had called on people not to address themselves to this illegal commission and I believe everybody can understand why we did this. I want to reiterate that we shall continue our efforts to find a negotiated settlement and in the framework of a comprehensive political settlement to resolve the property issue as well,” the Spokesman added.

[B25]

The IPC is illegal, the 'TRNC' is an illegal regime, Turkey is here illegally, how the F can we be referred to an illigal entity to find justice.

The ECHR is a totally fucked up entity to make such a sick, unjust and illegal ruling .

Someone needs to remind these twats, of the outstanding resolutions and war crime indictments against turkey before they send innocent people before these criminals for justice Fucking Hell.

[eracles]

It's like being told by the police to ask the thief for your belongings back!

Still, I say, go to IPC to demand compensation for deprivation of your property ONLY - no change to legal title, you don't ask for anything else, therefore you remain legal landowner.

[B25]

It's like being told by the police to ask the thief for your belongings back!

Still, I say, go to IPC to demand compensation for deprivation of your property ONLY - no change to legal title, you don't ask for anything else, therefore you remain legal landowner.

No, we should not go to the IPC, its Turkeys way of getting recognition. Why should we play to their tune, F 'em I say.

We waited 35 years we can wait some more until we can kick these MFs off our island.

The Cyprob cannot be solved unless the property issue is sorted and they can make it as hard as possible for us, in the end they won't get a solution.

They need us more than we need them.

The more I think about this the more I am warming to GRs suggestion.

[Me Ed]

It is obvious that the ECHR knows that it is going to face a deluge of legitimate claims from GCs which it can't possibly hope to administer under its current structure.

One solution is that the ECHR set up its own independant commission to deal with this specific issue, because if an illegal entity has (sincerity aside) the means to do this, I'm sure an organisation like the ECHR can do it too.

[wallace]

It's like being told by the police to ask the thief for your belongings back!

Still, I say, go to IPC to demand compensation for deprivation of your property ONLY - no change to legal title, you don't ask for anything else, therefore you remain legal landowner.

That's not possible! From their site "No, the Commission is not authorized to rule for only loss of use and compensation for non-pecuniary damages."

[YFred]

The IPC is illegal, the 'TRNC' is an illegal regime, Turkey is here illegally, how the F can we be referred to an illigal entity to find justice.

The ECHR is a totally fucked up entity to make such a sick, unjust and illegal ruling .

Someone needs to remind these twats, of the outstanding resolutions and war crime indictments against turkey before they send innocent people before these criminals for justice Fucking Hell.

Really, ECHR is what?

[Gasman]

The ECHR is a totally fucked up entity

Priceless! One minute the EU and the ECJ et al are going to be the SALVATION of the RoC (one prominent poster here even suggesting they will go to war against Turkey on their behalf!)

Then, the minute they utter one word that the GCs don't like - they are a totally fucked up entity!

[B25]

The ECHR is a totally fucked up entity

Priceless! One minute the EU and the ECJ et al are going to be the SALVATION of the RoC (one prominent poster here even suggesting they will go to war against Turkey on their behalf!)

Then, the minute they utter one word that the GCs don't like - they are a totally fucked up entity!

Rubbish, its not a question of not liking what tey say, its the fact that they have completely ignore the fact that they are directing the people to the invader to find their salvation.

I mean come on Gasman, you are not stupid by any means, but is this logical? An unrecognised regime controoled by the invader and they infer some sort of recognition to make it a legal entity to decide the GCs future. FFS.

Like I said you may as well put the fox to guard the chickens.

Further it would also appear that the ECHR has completely disrearded the ECJs ruling on the property rights and have scored an own goal. If thats not F up in your eyes I dunno what is.

Who the hell is turkey to be interferring, it is because if her that we have the CYprob in the first place.

[DT.]

I will say this again. In order for Turkey to provide evidence that the IPC is a competent remedy they have had to admit in court that it is an internal Turkish govt institution.

By doing this they have effectively in the eyes of the ECHR (un)recognised the "trnc" themselves.