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ECHR's decision on Monday

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Re: ECHR's decision on Monday

Postby Maximus » Tue May 13, 2014 11:32 am

“This trial came back in the news after ten years. Definitely, when it comes to international law this decision is not binding. On the justice side, besides the fact that this decision is flawed, it comes at a very bad time since the Cyprus problem negotiations are on going,” Davutoglu said. “A procedure has begun, initiated by Turkey, so from a psychological point of view it will not do the negotiations any good. This decision is not consistent with the atmosphere and climate that was spurred by the Cyprus negotiations so far.”


Criminal state represented by illiterate buffoons.

:roll:
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Re: ECHR's decision on Monday

Postby Maximus » Tue May 13, 2014 12:02 pm

Demonax wrote:
Maximus wrote:
I know Turkey might not pay but it will always be there and mounting and the ruling is just priceless.


Exactly. It's not about the level of the award, although it is apparently the largest ever made by the Court. The most interesting aspect is that the ECHR recognises ongoing violations of GC human and property rights in the occupied areas and obliges Turkey to end them regardless of the activities of the so-called 'compensation committee'.

The implications are far-reaching and you can bet the ROC’s lawyers are studying the judgement very carefully as it potentially opens up the floodgates for further claims against Turkey.


More claims should be opened.

If Turkey does not pay, the interest will mount but the court should start seizing Turkish assets in Europe and sanction Turkish officials.
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Re: ECHR's decision on Monday

Postby bill cobbett » Tue May 13, 2014 12:05 pm

Demonax wrote:
Maximus wrote:
I know Turkey might not pay but it will always be there and mounting and the ruling is just priceless.


Exactly. It's not about the level of the award, although it is apparently the largest ever made by the Court. The most interesting aspect is that the ECHR recognises ongoing violations of GC human and property rights in the occupied areas and obliges Turkey to end them regardless of the activities of the so-called 'compensation committee'.

The implications are far-reaching and you can bet the ROC’s lawyers are studying the judgement very carefully as it potentially opens up the floodgates for further claims against Turkey.


Yes, easy to understand headline figures of 90 Million Euros are very nice but when the excitement settles, this'll be the biggest thing to come out of yesterday's judgment.
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Re: ECHR's decision on Monday

Postby B25 » Tue May 13, 2014 2:29 pm

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Re: ECHR's decision on Monday

Postby Oceanside50 » Tue May 13, 2014 7:02 pm

Turkey is ripe for a good bashing..
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Re: ECHR's decision on Monday

Postby Pyrpolizer » Tue May 13, 2014 7:13 pm

Surely Turkey will refuse to pay for as long as she can.
Her refusal will go to the Council of Ministers for action. She will still refuse to pay, using the excuse that she does not recognize the RoC.
However in this case the RoC is acting like an intermediary, in fact the Court's decision includes a paragraph saying:

that the above amount shall be distributed by the applicant Government to the individual victims under the supervision of the Committee of Ministers within eighteen months from the date of the payment or within any other period considered appropriate by the Committee of Ministers.

It is obvious that both the 30M and the 60M are compensations to INDIVIDUAL victims whose human rights have been violated. Turkey has ALREADY paid damages to individuals, there is no way she can refuse to pay in this case. The one and only excuse Turkey can use is that she cannot pay the RoC (even if she acts as an intermediary) because she doesn't recognize her, but still the money are due to the victims and one way or another ONE DAY should one day be paid to THOSE SPECIFIC INDIVIDUALS or their heirs.

Therefore one day Turkey WILL pay those amounts. Most probably after a solution.
And of course there is more to come. Imagine what will happen if for example the RoC claims damages for the GC refugees en masse.
Turkey will be looking for a hole to hide :lol: :lol:
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Re: ECHR's decision on Monday

Postby repulsewarrior » Tue May 13, 2014 10:19 pm

"ill timed", what a laugh, if anything it is well timed, given what this judgement says, a clock is ticking, and without a solution which recognises Cyprus, that clock continues to tick.

...what is clear, is that there is a "Turkish", blamed, and what is not "Turkish", those Individuals have their representation with the Republic of Cyprus.
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Re: ECHR's decision on Monday

Postby Demonax » Wed May 14, 2014 11:30 am

ECHR ruling ‘unprecedented’

A JUDGMENT by Europe’s top human rights court on Monday ordering Turkey to pay €90m in compensation to the relatives of missing persons and the enclaved bears “enormous significance,” a leading human rights lawyer has said.

“This is the first time the European Court of Human Rights has awarded compensation in an interstate case… it’s unprecedented,” said Achilleas Demetriades.

“A reading of the wording of the judgment conveys the idea that rogue states – like Turkey in this case – cannot get away with violations,” he added.

In its final ruling, delivered on Monday the ECHR itself notes: “The present judgment heralds a new era in the enforcement of human rights upheld by the Court and marks an important step in ensuring respect for the rule of law in Europe.”


It goes on to describe the Cyprus v. Turkey (just satisfaction) case as “the most important contribution to peace in Europe in the history of the European Court of Human Rights.

The Court has not only acknowledged the applicability of Article 41 of the European Convention on Human Rights to inter-State applications… but has awarded punitive damages to the claimant State.

“The message to member States of the Council of Europe is clear: those member states that wage war, invade or support foreign armed intervention in other member states must pay for their unlawful actions and the consequences of their actions, and the victims, their families and the states of their nationality have a vested and enforceable right to be duly and fully compensated by the responsible warring state.”


http://cyprus-mail.com/2014/05/14/echr- ... ecedented/
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Re: ECHR's decision on Monday

Postby Kikapu » Wed May 14, 2014 10:01 pm

Pyrpolizer wrote:The one and only excuse Turkey can use is that she cannot pay the RoC (even if she acts as an intermediary) because she doesn't recognize her,

The problem I see for Turkey using the "we don't recognize Cyprus" is, that Turkey was recognizing Cyprus at the time she invaded back in 1974, therefore, I would think it is too late for Turkey to use the "we don't recognize Cyprus" excuse for not wanting to pay.
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Re: ECHR's decision on Monday

Postby Pyrpolizer » Thu May 15, 2014 12:32 am

Actually until 1983 Turkey was recognizing the Republic of Cyprus in everything that had to do with the Tcs while at the same time she wouldn’t recognize anything concerning the Republic of Cyprus that had to do with the Greek Cypriots!! After a lot of scratching their heads Denktash made it easier for them …. by declaring the "trnc" and depriving his own people of the International recognition they already had.

And after this he convinced the poor Kibrislis that the Kypreoi stole their recognition and most of them believed him!!. :shock:
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