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ECHR, yet another judgment against Turkey

How can we solve it? (keep it civilized)

Postby bill cobbett » Wed Jun 23, 2010 3:26 pm

Nikitas wrote:The ECHR simply reasserts its procedural rules which some lawyers seemed to have forgotten in the past.

In these cases the ACCESS question is settled and in fact it reverses the cases of a few weeks ago when the ENJOYMENT of property was the basis for claims by HEIRS to property. Obviously heirs who were not alive in 1974 cannot claim deprivation of enjoyment. However heirs as well as the original owners still have a right of ACCESS to property. So much for the arguments of some who bring up the so called rights of the person in actual possession who might not even be a TC therefore has no justification that he might contribute in the form of a potential exchange of properties.

THe property issue is vital to the success of any settlement. It is worth taking seriously and dealing with it practically. The properties commission in the north is a joke. It is set up by the TRNC while the entity responsible for dealing with the problem is the one that created it- namely Turkey.


Thanks for this interesting Access angle N.
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Postby bill cobbett » Wed Jun 23, 2010 3:42 pm

Get Real! wrote:
denizaksulu wrote:
Get Real! wrote:Deniz, what year is this map? Is it a book or poster?


It is a book. Presented to me by a valuable friend.

Image


Image

1882! Must be the first cartography of Cyprus by the British...

I’ll take the outdated book off your hands for € 100.00! :wink:



GR! ......eevra doh reh >>>>>>>>> http://www.cyprusculture.com/default.as ... od&pId=450

Sod it! He can't hear me! ..........GR!
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Postby Gasman » Wed Jun 23, 2010 4:12 pm

Does anyone know of any update on the trial of the Russian Woman Elena Mirkushova, who was prosecuted under the 2006 law?

I know the RoC dropped the case against the Estate Agents who sold to her but I've only ever been able to find details of the case up until it says the trial will continue in Dec 2006.

A Russian woman buying a property in the occupied North did not know it was actually owned by Greek Cypriots, a Nicosia court heard yesterday.

The trial of Elena Mirkushova, 30, accused of illegally purchasing a house built on land belonging to Greek Cypriot refugees, yesterday began with the investigator of the case taking the stand.

Yesterday’s proceedings were followed by Theodora Antonis Polycarpou, Marios Antonis Polycarpou and Andreas Antonis Polycarpou, the Greek Cypriot owners of the land sold to the woman by Turkish Cypriot estate agents.

Mirkushova was arrested at the Ledra Palace checkpoint in Nicosia on November 18, along with a Latvian friend of hers, after customs officers discovered a contract of purchase for a property in occupied Lapithos, as well as advertising pamphlets for properties in the occupied areas, in her bag.

Addressing the court, CID Constable Costas Costa said he had taken a statement from Mirkushova who confessed to buying the property in the north.

“However, when asked if she knew that the property originally belonged to Greek Cypriots, she said she was conned by the Turkish Cypriot estate agents because they never told her who were the original owners of the land she was buying.”

The investigator told the court that Mirkushova had signed the contract of purchase and had paid £1,000 sterling as a down payment for the house, which was being sold for £78,000 sterling. According to the contract, Mirkushova would then have to pay £14,600 sterling a few months later and then pay off the rest of the amount in £2,500 sterling monthly installments.

“The defendant told us that she had not yet actually decided to buy the property but had wanted to go back to Russia so that her lawyers could go over it for her,” said Costa. The court heard how Mirkushova had wanted to buy the house in the north “because she thought it would have been a good investment for her daughter.”

Evidence was also submitted to the court by the investigator, who handed to Judge Lemonia Kaoutzani various police statements, the contract of purchase and the advertising pamphlets for the properties in the north.

The Russian mother was remanded in custody on November 18 before being charged with two counts of illegally purchasing a property in the occupied areas and conspiracy to commit a crime. She denies both charges.

Yesterday, the prosecution also dropped the arrest warrant against 42-year-old Bulet Fikri, the estate agent who sold her the house, because “he is in the occupied area and it is not possible to arrest him.”

According to the first charge of the indictment, Mirkushova and Fikri conspired to commit a crime. The second charge stated that on November 18, Mirkushova purchased from Fikri a property that belonged to somebody else, which was being built in the occupied Ayios Theodoros area of Lapithos.

The property sold is built on two plots, one which belongs to Panayiota Grigoris Polydorou and one which is shared between the three members of the Polycarpou family. The charge said the accused had signed a document of purchase, dated November 18, 2006, but should have known that there was no consent from the rightful owners.

The trial continues of December 19, with the Polycarpou family as well as an official of the Land Registry Department to be called up as witnesses.
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