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Can the ECHR ruling be challenged.

How can we solve it? (keep it civilized)

Postby bill cobbett » Fri Mar 12, 2010 9:31 pm

Jerry wrote:Well, I have already received one reply from one of the seven Euro MPs that I contacted this afternoon. Obviously I intend to engage with him further: -

Dear Mr "Jerry"

Thank you for your message about the ECHR's decision to recognise the Turkish IPC's competence, in the determination of ownership of property in Turkish-occupied Cyprus, and to insist on the exhaustion of local remedies before intervening.

On the face of it, this should not mean that the matter can go no further than the IPC. It should mean only that the IPC must make a decision before appeal can be made to the ECHR.

A common trick of the local jurisdiction, under these circumstances, is, however, to delay judgement - and thereby any appeal - indefinitely; but there may be some time-limit, for the delivery of an IPC-judgement, which the ECHR will recognise as the period, after which, the IPC can be deemed to have refused to rule, and, consequently, that the local process has been de facto exhausted, and that an appeal can be made.

If this is the case, then it is still worth proceeding at the IPC, with a view to appealing to the ECHR thereafter.

Please let me know whether you think this is a realistic evaluation of the situation, or not.

Yours sincerely,

..... ......


Has anyone else bothered?


Sorry Jerry, your post is far more important than my drivel, even though Acingoz and some others may take offence at your writing to your reps.
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Postby Oracle » Fri Mar 12, 2010 9:40 pm

Jerry wrote: ... but there may be some time-limit, for the delivery of an IPC-judgement, which the ECHR will recognise as the period, after which, the IPC can be deemed to have refused to rule, and, consequently, that the local process has been de facto exhausted, and that an appeal can be made.


This is what I spotted as a loophole, and I am loathe to go back and re-read it, but they did not specify how l-o-n-g one had to wait to get a decision fom the IPC before one could rule they had exhausted this avenue.

So, why shouldn't an application be made (other than on moral grounds) and then within a short time frame declare you personally have waited long enough and consider the subject exhausted. To-wit the ECHR then have to take up your case!
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Postby B25 » Fri Mar 12, 2010 9:53 pm

We should not even be gracing these MFs with our presence. We should just stay away and boycott these whole sherarde. We should demonstrate outside the EU offices and create a massive fuss. F Christofies for not saying anything about this sham of a decision.

IPC or no IPC we should just make it harder for them to agree to anything. Either way we are F, so why make it easy for them.

By going to the IPC we would just be recognising the illegal invader occupier and playing into their hands.

I hope they burn in hell.

Maybe they need some palastinian treatment to make them wake up :wink:
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Postby bill cobbett » Fri Mar 12, 2010 10:18 pm

Boys and girl, esp B25, whose sentiments towards the Scummision are held by many, inc me, we need a few Test Pilot Cases of our own .... a few Brave and UnCompromising Patriots ready to dirty their hands, to go along with the ECHR and show them what Turkey's intransigence is all about, show them the Scummision is A FILTHY TURKISH SCAM.
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Postby Jerry » Fri Mar 12, 2010 11:06 pm

bill cobbett wrote:Boys and girl, esp B25, whose sentiments towards the Scummision are held by many, inc me, we need a few Test Pilot Cases of our own .... a few Brave and UnCompromising Patriots ready to dirty their hands, to go along with the ECHR and show them what Turkey's intransigence is all about, show them the Scummision is A FILTHY TURKISH SCAM.


Bill, I don't disagree with what you say. Let's show up the IPC for the scam that it is. In the unlikely event of being "granted" restitution will Turkey really allow us unfettered access to our property? Will the offer of "exchange" of my house by the sea gain me a desirable mud house up a dusty track? How much would a couple of 80 year old farmers settle for, 10% of real value?

We need to expose this injustice of the ECHR and the best way to do that is to apply to the IPC - we are not obliged to accept its offer. Applications to the IPC are supposed to be in before 21st December 2011 - yet another injustice, if you have inherited property you may not yet have the deeds.

As Gasman said Moaning and bitching on CF achieves nothing. A few dozen e-mails to our MPs could be more productive. Don't complain on/to the CF, complain to your representitive, the links are in my post on page 4.
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Postby Viewpoint » Fri Mar 12, 2010 11:10 pm

Go get a few more pieces of paper thats all you people are good at, whats happened after the Orams jack shit and to boot the ECHR has ordered you to go ask the IPC for your property rights. When will you people learn that the courts are not the place to solve anything the negotiaitng table is, time you took it more seriously and started to compromise.
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Postby DTA » Fri Mar 12, 2010 11:11 pm

Bill the frame work of settlement by the ipc has beenset up and this has been deemed legally fair by the echr. To do what you say will take more than just a ' few patriots' not settling for anything less than return, because this will only work against you. It would have to be an all or nothing gamble by huge numbers of gcs to test turkeys resolve an the depth of her pockets.

The gamble would be this:

If turkey can't aford or doesn't want to keep to framework of the ipc if say a100000 applied then you would have a case

BUT

if it does, the the gc refugees can no longer be used by the roc as a means to force a Cyprus solution in there favour.
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Postby paaul12 » Fri Mar 12, 2010 11:19 pm

If turkey can't aford or doesn't want to keep to framework of the ipc if say a100000 applied then you would have a case


yea go 4 it!!!

i think the ECHR might just give the TRNC a "bit" of time to deal with 100000 applications, dont you think? :wink:

but what ever floats your boat, 100000 or 100000000000000 the decision has been made, as i said, you can always read your orams posts, happy days :D :D :D :D

I did read that it was due to all these applications that got you in this "shit" still keep trying you will get there one day :roll:
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Postby DTA » Fri Mar 12, 2010 11:30 pm

You are right a 100,000 applications would be given time as it should. But if the gc want to test turkeys resolve on the ipc it would have to take that big gamble and the applications would have to be fair in terms of settlement by the gcs and only demand what is in the ipc frame work.

I don't think the gc have the bottle to take that much of a risk.
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Postby saurkraut » Sat Mar 13, 2010 12:23 am

B25 wrote:We should not even be gracing these MFs with our presence. We should just stay away and boycott these whole sherarde. We should demonstrate outside the EU offices and create a massive fuss. F Christofies for not saying anything about this sham of a decision.

IPC or no IPC we should just make it harder for them to agree to anything. Either way we are F, so why make it easy for them.

By going to the IPC we would just be recognising the illegal invader occupier and playing into their hands.

I hope they burn in hell.

Maybe they need some palastinian treatment to make them wake up :wink:


Your going to be a street fighter now what a bloke. Reading your posts make me laugh so much, full of what you are going to do "drive them into the sea" etc etc. What have you done tough guy sod all except beat your gums via the safety of your pc. Your discomfort at the realisation that you lot are beginning to understand EU membership is a double edged sword is as apparent as your limited intelligence and backbone.
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