Cyprus-Forum.com

[Hermes]

PACE Committee adopts resolution questioning Cyprus’ guarantees

THE COMMITTEE on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe (PACE), yesterday adopted in Strasbourg a report questioning the validity of the Treaty of Guarantee in Cyprus.

The report, which was adopted unanimously, points out that bilateral guarantees, such as those provided in the Treaties for the Independence of Cyprus, did not prevent conflicts. On the contrary, according to the report, the guarantees were used in the case of Cyprus, as a pretext for unilateral military action in breach of Article 2 (4) of the Charter of the United Nations and the relevant provisions of international law, prohibiting the use of force.

The explanatory memorandum of the report notes, that according to experts, there are serious doubts whether the Treaty of Guarantee may still be regarded as valid, because of the principle which dictates that the validity may be questioned when reasons for the establishment of a treaty no longer exist or because there was a serious breach of the Parties to the Treaty, as in the case of Cyprus by Turkey's military intervention.

The report also questions the legitimacy of British ''sovereign military bases” provided by the Treaty of Establishment.

The report notes that the right to self-determination of national or ethnic minorities shall not confer an automatic right to actions ending to the division of a country. The resolution calls on all member-states of the Council of Europe, not to recognize or support in any way de facto authorities in territories which are the result of illegal division, and especially those based on foreign military interventions.

It is also pointed out that military operations as carried out by Turkey in Cyprus in 1974, resulted in massive human rights violations and have not brought, as claimed by Ankara, a permanent solution to the problem.
In an announcement the Cyprus House of Representatives indicates that the report by the Rapporteur of the Committee on Legal Affairs and Human Rights of PACE German MP, Marina Schuster is “very positive”. The Committee was under the chairmanship of Cypriot MP Christos Pourgourides.

According to House’s announcement, representative of the Turkish Cypriot community in PACE, Mehmet Caglar presented an amendment to the report, asking to remove references to military intervention by Turkey in Cyprus in 1974 which led to massive human rights violations. The amendment was overwhelmingly rejected by the Committee.

The resolution will come before the plenary of the Assembly in one of the forthcoming meetings of PACE.

http://www.cyprus-mail.com/cyprus/pace- ... s/20110414

[Get Real!]

Beat them to it ages ago, and they also missed out other very important points such as the 1969 Vienna Convention on the Law of Treaties...

Is the 1959 "Treaty of Guarantee" valid?
http://thecyprusproblem.100webspace.net ... icle17.htm

[ZoC]

christ almighty, it's taken them 37 years to figure it out?

[denizaksulu]

Doesn't this also make the issue of the SBA's (including the listening posts and training areas outside the SBA's)invalid also? Or that another kettle of fish?

[bill cobbett]

PACE Committee adopts resolution questioning Cyprus’ guarantees

THE COMMITTEE on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe (PACE), yesterday adopted in Strasbourg a report questioning the validity of the Treaty of Guarantee in Cyprus.

The report, which was adopted unanimously, points out that bilateral guarantees, such as those provided in the Treaties for the Independence of Cyprus, did not prevent conflicts. On the contrary, according to the report, the guarantees were used in the case of Cyprus, as a pretext for unilateral military action in breach of Article 2 (4) of the Charter of the United Nations and the relevant provisions of international law, prohibiting the use of force.

The explanatory memorandum of the report notes, that according to experts, there are serious doubts whether the Treaty of Guarantee may still be regarded as valid, because of the principle which dictates that the validity may be questioned when reasons for the establishment of a treaty no longer exist or because there was a serious breach of the Parties to the Treaty, as in the case of Cyprus by Turkey's military intervention.

The report also questions the legitimacy of British ''sovereign military bases” provided by the Treaty of Establishment.

The report notes that the right to self-determination of national or ethnic minorities shall not confer an automatic right to actions ending to the division of a country. The resolution calls on all member-states of the Council of Europe, not to recognize or support in any way de facto authorities in territories which are the result of illegal division, and especially those based on foreign military interventions.

It is also pointed out that military operations as carried out by Turkey in Cyprus in 1974, resulted in massive human rights violations and have not brought, as claimed by Ankara, a permanent solution to the problem.
In an announcement the Cyprus House of Representatives indicates that the report by the Rapporteur of the Committee on Legal Affairs and Human Rights of PACE German MP, Marina Schuster is “very positive”. The Committee was under the chairmanship of Cypriot MP Christos Pourgourides.

According to House’s announcement, representative of the Turkish Cypriot community in PACE, Mehmet Caglar presented an amendment to the report, asking to remove references to military intervention by Turkey in Cyprus in 1974 which led to massive human rights violations. The amendment was overwhelmingly rejected by the Committee.

The resolution will come before the plenary of the Assembly in one of the forthcoming meetings of PACE.

http://www.cyprus-mail.com/cyprus/pace- ... s/20110414

Excellontoh.... but... but.... but on a point of order ..... this is a view of the Council Of Europe 's PACE committee , and not as per the title the EU...

... a reminder that the Council Of Europe is distinct from the EU and has every EU state as individual members and includes several other nations, including Turkey.

A reminder also that the CoE established and funds the ECHR to regionally implement the Universal Dec of Human Rights.

This report has massive implications, cos what we have been saying for years here on CF as per GR's post above, has been vindicated...

The Treaty of Guarantee is not only null and void, but any future similar arrangement would be impossible.

[Hermes]

Excellontoh.... but... but.... but on a point of order ..... this is a view of the Council Of Europe 's PACE committee , and not as per the title the EU...

... a reminder that the Council Of Europe is distinct from the EU and has every EU state as individual members and includes several other nations, including Turkey.

A reminder also that the CoE established and funds the ECHR to regionally implement the Universal Dec of Human Rights.

This report has massive implications, cos what we have been saying for years here on CF as per GR's post above, has been vindicated...

The Treaty of Guarantee is not only null and void, but any future similar arrangement would be impossible.

Thanks for clarifying, Bill. I agree that the implications of this report are significant as it completely undermines any possibility of a Turkish right of intervention in a post-solution Cyprus. One less thing to "negotiate" about.

[bill cobbett]

Excellontoh.... but... but.... but on a point of order ..... this is a view of the Council Of Europe 's PACE committee , and not as per the title the EU...

... a reminder that the Council Of Europe is distinct from the EU and has every EU state as individual members and includes several other nations, including Turkey.

A reminder also that the CoE established and funds the ECHR to regionally implement the Universal Dec of Human Rights.

This report has massive implications, cos what we have been saying for years here on CF as per GR's post above, has been vindicated...

The Treaty of Guarantee is not only null and void, but any future similar arrangement would be impossible.

Thanks for clarifying, Bill. I agree that the implications of this report are significant as it completely undermines any possibility of a Turkish right of intervention in a post-solution Cyprus. One less thing to "negotiate" about.

Absolutely mate ... it takes dodgy guarantees out of the "negotiations" ... just off to see if can find the original report, which would have been compiled by legal experts.

Oh and Deniz... as to the SBAs, there is a ref in the CYm article... think what the lawyers are picking up on is the "sovereign" nature of the SBAs, a very, very, unusual arrangement. Must find the original report.

[humanist]

Good news for reunification as one State one People am happy w/ that, then may be I can resettle in Cyprus. Heehehehehe am sure there are some Australian pollies who probably make it possible now, so they get rid of me ... heheheheheh

[bigOz]

So, I suppose they will now reconsider the position of the EU members who chose to rain bombs in Libya with or without any guarantee rights!

[bill cobbett]

So, I suppose they will now reconsider the position of the EU members who chose to rain bombs in Libya with or without any guarantee rights!

What the feck has Libya and the EU got to do with a report of the Council of Europe's PACE Foreign Affairs committee reporting on The Situation In Cyprus. ??????

You do know the diff between the EU and the CoE don't you mate????