Cyprus-Forum.com

[halil]

Vasiliko Power Plant (at Mari-Tatlısu)the land, turned out to be built up one of the Turkish Cypriots property. The owner is Erdoğan Atakan.
According to Mr Erdoğan his house and landscape of vineyards were destroyed and By Greek Cypriots adminstration the Power plant is built up on it. when the gates are opened he found out that plant was built up on it. and he applied to goverment but he failed to receive a positive response from the GC adminstration and that serious attempts at the resort to the European Court of Human Rights,

Mr Erdogan lived in Mari until 1974.
he left 17 donums of their land and home in 1974, then north through the events, and they settled at Paşaköy afterwards.Stating that they are longing for his home village for many years, and Atakan, was in shock when he visit the village after the opening of border gates. his home and vineyards were destroyed.
He got in touch with a solicitor from south about his lands and home.
his, land and the house was expropriated by the state but was not aware of it, that compensation was not paid.
Atakan, upon which they did not receive any results on the south about his property .than he applied to ECHR and his case is accepted by ECHR and case is in the agenda of ECHR now.
ECHR now asked to Greek side to defend the case. Mr Erdogan Atakan believe he will win the case and he will recive compansation which he deserve...............

[gardash]

I can understand how a power station got built on his land, as the GC admin didn't need to buy it.
However, they should have informed this man and advised him that his compensation was being held in an account, accruing interest, until an appropriate time.

[Me Ed]

The RoC needs to make its representations very carefully and can make a very clear point to the ECHR.

This is because after the events of 1974, the RoC had to quickly find a way, to not only house the 200,000 enthnically cleansed Cypriots, but to also provide the necessary utilities (i.e. powerplants and airports) to meet the refugees and the free areas at large basic needs.

The most practical way they could do this is to use abandoned TC land, pending a solution.

There is a big difference from a human rights point of view to using abandoned TC land to provide the basic needs of refugees as opposed to using ethnically cleansed land to build hotel/casinos and other Turkish owned interests and to house illegally imported settlers from Turkey as well as selling it to carpetbaggers.

I guess that ultimately Mr Atakan will get his compensation, but in this case it should not be before a solution is found.

[gardash]

" but in this case it should not be before a solution is found."

Why? Mr. Atakan shouldn't have to wait for anything, particularly something beyond his control.

[Me Ed]

" but in this case it should not be before a solution is found."

Why? Mr. Atakan shouldn't have to wait for anything, particularly something beyond his control.

... because It's not beyond a reasonable possibility that in the case of reunification, the RoC may decide to shut down the powerplant and physically give the land back to Mr Atakan.

[gardash]

" but in this case it should not be before a solution is found."

Why? Mr. Atakan shouldn't have to wait for anything, particularly something beyond his control.

... because It's not beyond a reasonable possibility that in the case of reunification, the RoC may decide to shut down the powerplant and physically give the land back to Mr Atakan.

Now you're being silly. I know the power station is well fu*ked-up but there is an intention to rebuild it. Having paid for it twice, the GC gov are hardly going to tear it down again. Give the man his compo.

[Me Ed]

" but in this case it should not be before a solution is found."

Why? Mr. Atakan shouldn't have to wait for anything, particularly something beyond his control.

... because It's not beyond a reasonable possibility that in the case of reunification, the RoC may decide to shut down the powerplant and physically give the land back to Mr Atakan.

Now you're being silly. I know the power station is well fu*ked-up but there is an intention to rebuild it. Having paid for it twice, the GC gov are hardly going to tear it down again. Give the man his compo.

Ok then, let me take a different approach.

Assuming Mr Atakan had to move north after '74 then he and his wider family would have undoubtedly been living in a GC owned property a situation beyond both his and the GC owners control.

That effectively cancels out any compensation he might be entitled to in the south - assuming he didn't hand over his deeds to the "trnc" for GC "exchange" land.

Therefore, both claims, i.e. his claim against the RoC goverment for the use of his property and the GC owners claim against him for the use of their property can only practically be settled post solution.

[gardash]

" but in this case it should not be before a solution is found."

Why? Mr. Atakan shouldn't have to wait for anything, particularly something beyond his control.

... because It's not beyond a reasonable possibility that in the case of reunification, the RoC may decide to shut down the powerplant and physically give the land back to Mr Atakan.

Now you're being silly. I know the power station is well fu*ked-up but there is an intention to rebuild it. Having paid for it twice, the GC gov are hardly going to tear it down again. Give the man his compo.

Ok then, let me take a different approach.

Assuming Mr Atakan had to move north after '74 then he and his wider family would have undoubtedly been living in a GC owned property a situation beyond both his and the GC owners control.

That effectively cancels out any compensation he might be entitled to in the south - assuming he didn't hand over his deeds to the "trnc" for GC "exchange" land.

Therefore, both claims, i.e. his claim against the RoC goverment for the use of his property and the GC owners claim against him for the use of their property can only practically be settled post solution.

"That effectively cancels out any compensation he might be entitled to in the south..."

No, it doesn't.
1. You are mixing and muddling separate claims that should be viewed individually.
2. Are you seriously comparing a site big enough to build a power station on, with a house and garden in the TRNC and saying that they cancel each other out?

[Me Ed]

" but in this case it should not be before a solution is found."

Why? Mr. Atakan shouldn't have to wait for anything, particularly something beyond his control.

... because It's not beyond a reasonable possibility that in the case of reunification, the RoC may decide to shut down the powerplant and physically give the land back to Mr Atakan.

Now you're being silly. I know the power station is well fu*ked-up but there is an intention to rebuild it. Having paid for it twice, the GC gov are hardly going to tear it down again. Give the man his compo.

Ok then, let me take a different approach.

Assuming Mr Atakan had to move north after '74 then he and his wider family would have undoubtedly been living in a GC owned property a situation beyond both his and the GC owners control.

That effectively cancels out any compensation he might be entitled to in the south - assuming he didn't hand over his deeds to the "trnc" for GC "exchange" land.

Therefore, both claims, i.e. his claim against the RoC goverment for the use of his property and the GC owners claim against him for the use of their property can only practically be settled post solution.

"That effectively cancels out any compensation he might be entitled to in the south..."

No, it doesn't.
1. You are mixing and muddling separate claims that should be viewed individually.
2. Are you seriously comparing a site big enough to build a power station on, with a house and garden in the TRNC and saying that they cancel each other out?

No, what I am saying is that after '74, the RoC had to build power stations and airports as well as house displaced GCs and yes this could only practically be done to some extent on TC owned land.

The TCs who moved up to the north had to be housed somewhere and this was done by and large on GC owned land.

I guess that it is not an ideal situation and beyond the control of individuals on both sides, but none the less and under the circumstances it was the most practical arrangement between the two sides.

It's one thing a GC suing a TC for compensation and quite another thing a GC suing a settler, carpetbagger or a Turkish hotel/casino.

Therefore GC claims against settlers, carpetbaggers and Turkish hotel/casinos should be viewed one way by the ECHR.

Claims bought about beween GCs and TCs due to circumstances bought about by the events of '74 should be viewed by the ECHR as a "reciprocal arrangement" between the two sides (i.e. you can resonably use our assets and we can reasonably use yours) that should be settled through a wider solution to the CyProb.

This is because the TCs simply do not have anywhere near the assets to fully cover GC claims so it's in the TCs interests to continue this "reciprocal arrangement" pending a solution.

[gardash]

An interesting view and not without some credible points.

"No, what I am saying is that after '74, the RoC had to build power stations and airports as well as house displaced GCs and yes this could only practically be done to some extent on TC owned land."

I agree with you that, under the circumstances, this "had" to be done. However, we shouldn't get away from the fact that this land belonged to someone who should have been advised of a compulsory purchase and awarded compensation AT THAT TIME. The fact that this was all part of a wider situation means nothing to Mr. Atakan, and is not relevant to him.