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More Bad News for the CarpetBlaggers

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More Bad News for the CarpetBlaggers

Postby bill cobbett » Sun Jul 24, 2011 12:30 am

A reminder that Article 1 of the First Protocol protects the right to enjoyment of Property and Article 8 of the ECHR notes the right to respect for Home and that an inherent conflict can be made between the two. A conflict which is relied on by the Carpetbaggers to get them out of the mess that they find themselves in.

Fear the hopes of the CarpetShaggers are ill-founded, cos the legal conflict has been recognised and cases are judged on a set of principles contained within what are known as the Pinheiro Principles, where the CarpetMessers are determined to be Secondary Occupants...

From... http://unispal.un.org

17. Secondary occupants

17.1 States should ensure that secondary occupants are protected against arbitrary or unlawful forced eviction. States shall ensure, in cases where evictions of such occupants are deemed justifiable and unavoidable for the purposes of housing, land and property restitution, that evictions are carried out in a manner that is compatible with international human rights law and standards, such that secondary occupants are afforded safeguards of due process, including an opportunity for genuine consultation, adequate and reasonable notice, and the provision of legal remedies, including opportunities for legal redress.

17.2 States should ensure that the safeguards of due process extended to secondary occupants do not prejudice the rights of legitimate owners, tenants and other rights holders to repossess the housing, land and property in question in a just and timely manner.

17.3 In cases where evictions of secondary occupants are justifiable and unavoidable, States should take positive measures to protect those who do not have the means to access any other adequate housing other than that which they are currently occupying from homelessness and other violations of their right to adequate housing. States should undertake to identify and provide alternative housing and/or land for such occupants, including on a temporary basis, as a means of facilitating the timely restitution of refugee and displaced persons’ housing, land and property. Lack of such alternatives, however, should not unnecessarily delay the implementation and enforcement of decisions by relevant bodies regarding housing, land and property restitution.


(There is also what seems at first to be good news for the Befjibaggers in the first part of 17.4 that follows, but the last part of 17.4 is telling us that acquiring bone fide interests in Stolen Lands won't wash)...

17.4 In cases where housing, land and property has been sold by secondary occupants to third parties acting in good faith, States may consider establishing mechanisms to provide compensation to injured third parties. The egregiousness of the underlying displacement, however, may arguably give rise to constructive notice of the illegality of purchasing abandoned property, preempting the formation of bona fide property interests in such cases.
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Re: More Bad News for the CarpetBlaggers

Postby CBBB » Sun Jul 24, 2011 4:59 am

You're wasting your time if you are trying to educate the carpetbaggers,there are too many big words in there, Polly will never understand.
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Re: More Bad News for the CarpetBlaggers

Postby Schnauzer » Sun Jul 24, 2011 5:26 am

CBBB wrote:You're wasting your time if you are trying to educate the carpetbaggers,there are too many big words in there, Polly will never understand.




"Cor blimey Guvna, I fink my mate 'Snarzer' rote it !"......................... Best a luck (Jimmy Light) :wink:
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