Cyprus-Forum.com

[Eric dayi]

INTERNATIONAL 11.30.2005 Wednesday - ISTANBUL 00:17

ECHR Gives Green Light to Recognize North Cyprus Courts

By Cihan
Published: Tuesday, November 29, 2005
zaman.com


More good news emerged from the European Courts of Human Rights (ECHR) for the Turkish Republic of Northern Cyprus (TRNC) that has been trying to remove the international isolation imposed by the European Union.

ECHR sources told Zaman that Northern Cyprus courts can be officially recognized. The court, which concluded against Turkey in the case regarding the Greek Cypriot citizen Kakoulli killed by a Turkish soldier at the border last week, confirmed that “The TRNC domestic judiciary means will be recognized in the case that the necessary judicial reforms are realized.” The decision does not mean the official recognition of the TRNC; however, this attitude is expected to sadden Greek Cypriots and is interpreted as an important victory by Turkish diplomats. The meaning behind the decision taken in the Kakoulli case has been debated in the Greek Cypriot press for days. Greek Cypriot government speaker Kristos Hristomidis termed the decision as “worrying” and defended that the decision does not mean “the recognition of the TRNC courts”. However, on Monday, the ECHR concluded the discussion that had been going on for days. ECHR sources who informed Zaman said, “The decision of Kakoulli paves the way for the courts on the north of the island to be recognized as courts meeting European standards.” If the TRNC makes changes that fulfill the criteria of the European Convention on Human Rights, TRNC domestic judicial bodies will be assessed with the same status as the Council of Europe member countries. According to ECHR arrangements, one must first apply to the domestic judicial means of the country in which a complaint exists, before being able to apply to the court. However, as the TRNC is not recognized in the international arena, Greek Cypriots are able to directly complain about Turkey to the ECHR.


Turkish Diplomats in the Council of Europe defined the decision as a “step of historic importance” and said “According to the Greek Cypriots, every decision made by the TRNC is invalid like itself. Therefore, this expression that appeared for the first time in an ECHR decision disturbs the Greek Cypriots very much.” For recognition, the ECHR wants the TRNC domestic judiciary means to be objectively restructured according to the criteria of the European Convention on Human Rights. The ECHR announced in April that the compensation commission founded by the TRNC can be legalized.

http://zaman.com/



What do you all think?[/b]

[sadik]

Recognition is not near. I don't think direct recognition will ever happen. The current leadership will not ask for it either. However some Turkish Cypriot institutions might start getting recognition out of necessity. For example the Turkish Cypriot Chamber of Commerce has already received recognition and it has some responsibilities that recognized states usually have. Property commission might receive recognition as an internal remedy. In the case of lack of a solution we might see more of these cases.

[Sotos]

I could not find this news in any of our newspapers.

[BirKibrisli]

Recognition is not near. I don't think direct recognition will ever happen. The current leadership will not ask for it either. However some Turkish Cypriot institutions might start getting recognition out of necessity. For example the Turkish Cypriot Chamber of Commerce has already received recognition and it has some responsibilities that recognized states usually have. Property commission might receive recognition as an internal remedy. In the case of lack of a solution we might see more of these cases.

Sadik,Merhaba
Talking about the TC Chamber of Commerce,do you know the inside story about the removal of Ali Erel?Was he really removed because he was deemed to be too independent of the Talat line re solution?And what do you think of the new guy,Erdil Nami?

[Piratis]

The TC Chamber of Commerce existed before 1974 and it has always been a legal entity. No illegal entity was ever legalized.

[Eric dayi]

Recognition is not near. I don't think direct recognition will ever happen.

What makes you say that sadik?

The current leadership will not ask for it either. However some Turkish Cypriot institutions might start getting recognition out of necessity. For example the Turkish Cypriot Chamber of Commerce has already received recognition and it has some responsibilities that recognized states usually have. Property commission might receive recognition as an internal remedy. In the case of lack of a solution we might see more of these cases.

The thing here to remember is that Government are not at the top for ever. If they do not do what they are supposed to do or keep their promises they just don't get voted in next time around. Governments have also been known to resign if the population demads it and there are a lot of people who are dissatisfied with the present KKTC government and their numbers are growing everyday. If they don't stop thinking about themselves and start thinking about the country and it's people their days are numbered, there will be litterally thousands of people out on the streets demanding their resignations.

The other point I want to make is that what ever the TC's suggest it is refused by the GC's so a solution in the lines of "unification" is in no way any closer today then it was at the beginning or will be for a long time to come. In order for the property issue to be sorted the KKTC Court has been recognised but what would be the next issue? Something else will come up and the responsible body for that issue will have to be recognised, then the next one and then the next one. Do you think that by recognising one body the last one recognised body will be "unrecognised" again? Nah, I don't think so, one by one it'll all be recognised untill the KKTC Government is the only one left over. But then that will have to be recognised to sort out the biggest issue and that is the legal recognition of the KKTC even if it is only to save the EU and the rest of the world a headache because the Greek Cypriots will never in a million years accept power sharing with the Turkish Cypriots. They have been very, very clear on this since 1963 (and before that) and are still insisting on the same today.

[RAFAELLA]

"ECHR sources told Zaman that Northern Cyprus courts can be officially recognized."
+
"...paves the way for the courts on the north of the island to be recognized as courts meeting European standards.” If the TRNC makes changes that fulfill the criteria of the European Convention on Human Rights..."
+
"For recognition, the ECHR wants the TRNC domestic judiciary means to be objectively restructured according to the criteria of the European Convention on Human Rights"
___________________________________________________

Going round in circles. If & when & if, then....
The key words are Human Rights and all those laws that accompany them. If the puppet state, with its bold eagle chief, is willing to start condemning itself and starts ruling by adopting the criteria of European Convention on Human Rights then it has our support.
I believe that puppet state will not dare to fall in this trap, its own trap.

[zan]

"ECHR sources told Zaman that Northern Cyprus courts can be officially recognized."
+
"...paves the way for the courts on the north of the island to be recognized as courts meeting European standards.” If the TRNC makes changes that fulfill the criteria of the European Convention on Human Rights..."
+
"For recognition, the ECHR wants the TRNC domestic judiciary means to be objectively restructured according to the criteria of the European Convention on Human Rights"
___________________________________________________

Going round in circles. If & when & if, then....
The key words are Human Rights and all those laws that accompany them. If the puppet state, with its bold eagle chief, is willing to start condemning itself and starts ruling by adopting the criteria of European Convention on Human Rights then it has our support.
I believe that puppet state will not dare to fall in this trap, its own trap.

I think you will find those words "Human rights" a few times here.
Human Right Violations for Turkish-Greeks



Greece pursues, contrary to her international obligations and even her own constitution, discriminatory policies against the Turkish Minority, almost in all aspects of life. Members of the minority are not sure of their security, cannot perform their professions, cannot issue driving licences and cannot even obtain permits to repair their own houses. The cultural heritage passed on to them by their forefathers, are deliberately destroyed.

In the light of all the above, the existence of a Turkish Minority in Greece is denied. Indeed, speaking of a “Turkish” minority in Greece is a punishable crime under the law. Any written correspondence that refers to the “Turkish” identity of the minority is turned down. Neither the (Greek) Government nor the parliament accepts a petition made on behalf of the “Turkish” minority.

Greek courts have forbidden the use of the “Turkish Minority”. In one of the high court rulings passed in 1988, it was alleged that the term “Turkish” was attributable to the citizens in Turkey and that the use of the word by the Muslim Greeks jeopardised the public order. As a result of this decision, many Turkish associations were closed or remained closed.

As seen from the above provisions of the treaty, Greece is obliged, under the Lausanne Peace Treaty, to extend to the Turkish Minority in Western Thrace, the treatment and guarantees extended to the other citizens in Greece. The practice, however, is just the opposite. Except for the years 1930-50, the human rights in Western Thrace have been persistently and massively violated. Greek authorities have failed to comply with the Lausanne Treaty, as well other agreements to which Greece is a party. In addition, policy of the Greek authorities towards the Turkish minority is in contravention with the principles and values that constitute European Union, Helsinki Final Act, Paris Charter, OSCE documents and declarations and even the Constitution of Greece itself.



The above are excerpts from a June 1999 newsletter entitled GREECE BEGINS TO PLAY “VERY DANGEROUS” GAMES IN WESTERN THRACE



Holdwater: What! Yet another violation of the Lausanne Treaty? I'm still trying to figure out how they armed their little islands that were supposed to remain demilitarized.

I guess this proves any nation that wants to join the European Union has to align its human rights policies to European requirements... but once the nation becomes a member, the nation would be free to revert back to doing whatever it wants.

[cypezokyli]

i dont think there is really hope between you two. but i dont really get why it always has to go around turkey greece and the minorities and the greek suppressing the minorities and the armenians and the and the...dont you get tired?

[zan]

Well she started it