Kikapu wrote:The IPC is a sham, you know it, I know it and the ECHR knows it, regardless what the ECHR stated, since the IPC's main objective is to deny returning of the properties of the GCs in the north to their lawful pre 74 owners, which the ECHR still recognises these pre 74 owners as the ONLY legitimate owners.
Erolz,
Sorry for the delayed response, as time was needed elsewhere..
erolz3 wrote:I am sorry but I do not agree the IPC is a sham, nor that its purpose is to deny return in all cases.
All you have to do to determine whether the IPC is a sham or not, is to define what the letter "I" in IPC stands for. Can you honestly tell me that the letter "I" stands for "Independent".? Really, when Turkey (through occupation and expulsion of the GCs from their properties) and the "trnc" (who has claimed to have rights over ALL of the expelled GCs properties) and the courts in the north who are "kept & maintained" by Turkey.
The ones who are controlling the IPC are the same people who are controlling the GCs properties. Talk about the fox guarding the hen house or shall I say,
"IPC is two wolves and a lamb voting on what to have for lunch"! :wink:
erolz3 wrote:I also do not think you can reasoanbly demand legality and justice and when you get a result from a legal and proper authortiy like the ECHR, just say, oh we don't like that legal ruling from a proper authority, so we will refuse to accept it. To me if you demand legality then you must be prepared to accept legal judgments from proper authorites that you do not like along with those you do like. Otherwise all you are really saying is I want legality if I get what I want and if I dont I will deny the validity of a proper courts legal rulings.
I never said that what the ECHR did was illegal, by them recognising the IPC to be a local remedy for the GCs who may want to apply to the IPC to have some resolution for their properties in the north. Just because the ECHR did not want to deal with the 1500 cases themselves that were filed against Turkey is an another story however, therefore, their ruling had more to do with self serving interest than justice for the victims. It was one of the most cowardly and immoral rulings the ECHR did in the name of expediency to get rid of the 1500 cases in one swoop. Perhaps they wanted a political solution to solve the property issues rather than the judiciary one. If the political solution does not come about, then the ECHR can expect more cases to land on their laps in the future. If I'm not mistaken, the IPC will stop taking new cases sometime not too far in the distant future. Then what happens.? So yes, what the ECHR did was legal, but it does not mean that the IPC is not a sham, since it does not award the claimants their wishes of having their properties returned to them, except in very few cases perhaps. It appears, that up to 2009, less than 10% of the completed cases resulted in restitution, therefore it is safe to say, that the IPC's main objectives are to resist returning properties back to the GC refugees and my guess is, since the ECHR rulings recently on the IPC, that 10% restitution rate will get reduced significantly.
erolz3 wrote:Nor do I think there is an issue with the legality of TC having voluntarily signed rights to property they own to another party , in this case the TRNC. As long as it was volunatary, then those TC were perfectly within their rights to sign their own property to anyone they wanted, including the TRNC, or its predessor.
Pyro made some valid points as to whom one can sign away their properties to and under what conditions and circumstances. It is not as clear cut as you want to make it to be.
But the TCs didn't exactly just sign away their properties to whomever, did they, Erolz? No, they did not. They signed away their properties to an entity, the "trnc", who have claimed illegally ALL the GCs properties in the north to be theirs and to do as they wish with it, and in return for the TCs signing their properties to the "trnc", they had received GCs properties in return. So basically, the TCs did an illegal exchange with the GCs properties without the GC owners consent in the eyes of the RoC's laws while the illegal entity, the "trnc", acting as the "middleman, the front-man and the rear-man". You can argue with me that the "laws" in the "trnc" allowed the TCs to be compensated with GCs properties in return for theirs in the south but it will not cut muster with the RoC's laws nor the EU's laws and dare I say, the International laws, specially when the TCs properties are in the south which ALL land related transactions needs to go through the Land Registry Office to become finalize. The so called "exchange" transactions in the north have not been through the above office, therefore such transactions are not recognized by the RoC for starters as well as they being regarded as fraudulent and criminal acts in nature.
If and when the time comes and the TCs who took part in such transactions will one day want their properties back in the south, have ONLY two options to shift all the blame on to the "trnc" for corrupting themselves to take part in this illegal scheme. One would be to plead ignorant of the facts that they did not know that the GCs land they have received in return for theirs in the south (which majority of the TC land in the south had not yet been through probate yet to determine who and how much they (children) had legally inherited from their parents/grandparent) did not have a clear title to them, which the courts will not allow ignorance as a defense, and secondly, would be for them to plea temporary insanity for them signing away their (parents/grandparents) legally owned land in the south for stolen GC land in the north. The latter would be a better defense than the former in my view. The day will come where most of the TCs who have signed away their properties to receive "exchanged" GC land in the north, will want to get their land back in the south. Talk about a complete balls up by the TCs by going along with the "trnc's" conniving ill conceived plans to receive TCs legally owned land in the south in exchange for stolen GCs properties in the north.
erolz3 wrote:Anyway I don't have the energy to keep arguing all this stuff
.
I have noticed how you tend to take the middle ground on most of the topics here on the forum, in an attempt in not to piss off the RoC or the "trnc". The fact that you live in the north, I can fully understand as to why you don't want to piss off the "trnc". Many here on the forum from the TC community who do live in the north also try very hard not to piss off the "trnc", despite knowing full well what is right and what is wrong. I completely and fully understand theirs and your positions on this.
It seemed to me that Bill viewed this UN document as potential 'salvation' to GC property woes and the decisions of the ECHR decision on the IPC. My suggsetion was that it might not represent the slavation that he seemed to me to think it was and I explained why I think that. Maybe I am wrong, maybe I am not.
It may not be a salvation at the present time, but it is one more tool to use in the negotiations if the Rule of Law is going to be used along with relevant UN resolutions as well as the EU Principles to reach an agreement in order for Cyprus to have a Democratic country who will want to live by those principles in the 21st century. So far the RoC is saying "YES" to those principles and the "trnc" (Turkey) is saying "NO" to those principles, and the proof was in the pudding as to what the results were in the 2004 Annan Plan.
erolz3 wrote:PS I am glad you had such an enjoyable time in your vist by the way. Maybe when you return next time we can meet up. Drop us a line if you want to, by email is best.
Are you referring to the last time I came to Cyprus, Erolz, which was about 4 years ago or did you confuse me someone else.? In any case, I'm honoured that you would want to meet, to which I don't know to what I owe this pleasure to, but thanks all the same. In all reality though, I do not know when the next time I will be in Cyprus and also whether or not the opportunity will present itself to meet with you, but in any case, I'm sure I can get your email address from the "other forum" in order to get in touch with you should the opportunity present itself. The same goes to few other people here on the forum btw.
Again, sorry for the delay in responding to your post.