THE TURKISH Cypriot administration is planning changes that could make it possible for Greek Cypriot refugees from the north to regain possession of their properties.
The first hint that such a move might occur came from Turkish Cypriot ‘prime minister’ Ferdi Sabit Soyer who, speaking in London earlier this week, said the highly controversial clause 159 of the north’s ‘constitution’, which allowed the breakaway state to take possession of all Greek Cypriot properties in the north, could be amended to allow Greek Cypriots regain possession of properties they lost in the 1974 Turkish invasion.
It emerged yesterday however that changes in the ‘constitution’ were unlikely and that a relatively easier change in the law would be used to the same effect.
The idea of allowing Greek Cypriots restitution to their properties in the north stems from an April ruling on the ‘Achilleas Demetriades v. Turkey’ case by the European Court of Human Rights (ECHR) that deemed property courts in the north invalid because they offered only financial compensation for lost properties, and not restitution.
The north now plans to rectify this shortcoming by introducing a law that makes restitution possible.
At the time of the Arestis ruling the Turkish Cypriot leadership claimed a minor victory, believing that if the possibility of restitution was added to existing property law in the north, their courts would then become a valid means of finding “local remedies” to property disputes.
The ‘government’s’ confidence is boosted by the fact that the ECHR made no objections on the grounds of the breakaway state’s overall illegality.
Because of this, introduction of the new law may not come as music to the ears of the Cypriot government, as it could potentially force Greek Cypriots to apply to Turkish Cypriot courts as a first step to regaining their properties.
Only if they are then dissatisfied with the ruling of the Turkish Cypriot court will they be justified in taking their cases to the European Court of Human Rights (ECHR). It is rumoured that Turkey is very keen to see Greek Cypriots allowed to return to their properties.
A source close to the ‘constitutional courts’ in the north told the Cyprus Mail yesterday that the existing clause 159, introduced in 1985, made it possible for the breakaway state to confiscate all Greek Cypriot properties in the north and distribute them as it saw fit.
“Soyer’s idea is to change the constitution so that lands taken over by the state can under certain circumstances be handed back to their legal owners. With such an interpretation there is nothing to say the lands cannot be given to Greek Cypriots,” the source told the Mail.
But the source said he believed the idea of changing the ‘constitution’ would be dropped in favour of introducing a new law that effectively scraps the existing property court, established by ex-leader Rauf Denktash, in favour of a completely new structure.
“Changing the constitution would be difficult, as it requires the full cooperation of the main opposition National Unity Party (UBP), and even if Turkey wants this to happen, I’m not sure they [the UBP] would support it,” he said.
“Alternatively the government can propose a change in the law that would establish a new property court from scratch which would have restitution as part of its makeup,” he added.
Another ‘government’ source yesterday confirmed that that a draft law was in existence and expressed confidence it would become law.
What do you think? I think it is just tricks. Maybe they will let 100-200 people to return. They will never allow all refugees.
