Cyprus-Forum.com

[Sotos]

THE TURKISH Cypriot ‘parliament’ yesterday ratified a highly controversial change in the north’s property law that could lead to Greek Cypriots applying for restitution of properties they lost as a result of the 1974 Turkish invasion through Turkish Cypriot courts.

Yesterday’s move stems from an April ruling on the ‘Arestis v. Turkey’ case by the European Court of Human Rights (ECHR) which deemed property courts in the north invalid because they offered only financial compensation for lost properties, and not restitution.

Under the changes in the law, however, Greek Cypriots will be able apply to the north’s courts to get their properties back – a factor the north hopes the ECHR will accept as constituting a “local remedy” for solving property disputes.

Consequently, if the ECHR accepts that the changes in the law render the north’s property commission a legitimate local remedy, it will mean that Greek Cypriots will no longer be able to apply directly to the ECHR, but will first have to apply to the courts in the north. Such a development will bring significant benefits for Turkey which already faces a backlog of hundreds of Greek Cypriot claims at the ECHR.

Approval of the bill came after lengthy and often heated debate over whether such a move could lead to the gradual erosion of bizonality as the future basis for a Cyprus settlement, with the greatest opposition coming from the nationalist National Unity Party (UBP) who accused the administration of caving in to pressure from the Greek Cypriots and the international community.

Peace and Democracy Movement (BDH) leader Mustafa Akinci, although staunchly pro-solution, said he would also withhold support for the bill which he described as “a way for Turkey to buy time”.

“[Greek Cypriot President Tassos] Papadopoulos can wait; Turkey can wait, but the Turkish Cypriots cannot. We’ve already been in the deep freeze for two years; we cannot wait indefinitely for a solution,” he added.

‘Foreign minister’ and ‘deputy prime minister’ Serdar Denktash responded to the criticism by telling ‘parliament’ yesterday, “Some have said the bill gives the Greek Cypriots too much, while others have said it gives them little or nothing. I think this shows we are finding the balance”.

It remained unclear yesterday, however, whether the move would in fact receive the approval of the ECHR – especially in the light of last minute changes that were made to the legislation before it final approval yesterday. A legal source in the north told the Cyprus Mail yesterday, “Let’s say that if the original draft had a 10 per cent chance of being accepted, it now has an eight per cent chance”.
Other sources told the Mail last week “documents have been flying back and forth between here and Strasbourg” in an attempt to improve bill’s chance of approval at the ECHR.

It also remained doubtful whether Greek Cypriots would be willing to apply to a Turkish Cypriot court – even if, as the bill states, the seven-person commission elected to rule on individual cases would include “at least two impartial foreigners”.

Government Spokesman Kypros Chrisostomides yesterday slammed the bill by saying, “Whatever laws are passed in the occupied areas they will be nothing more than a repetition of the illegality of the occupation. The government is not worried about the legislation”. He added his belief that the ECHR would also find the ruling “unacceptable”.

But the Turkish Cypriot ‘government’ remained confident the bill would have the desired effect, with both coalition parties giving the bill their full backing.

However, yesterday’s full backing came at a price, and only after parts of the original bill had been watered down at a meeting of deputies on Friday. Most notable of the changes is a clause leaving properties given to Turkish Cypriots as compensation for properties they lost in the south out of the scope of the law. A similar concession was made regarding lands and properties under occupation of the Turkish and Turkish Cypriot military. Applications for such properties are to be dealt with on a case-by-case basis.
The bill, the ‘government’ says, will cover some 50,000 donums of land, constituting around four per cent of the total area under Turkish Cypriot control.

Those Greek Cypriots who apply will either receive their properties back, be offered alternative properties, or receive financial compensation based on “current land values”. Greek Cypriot refugees living on Turkish Cypriot property in the south could also be offered permanent ownership of the property in exchange for their properties in the north.
Reminiscent of the Annan plan’s proposal for solving the property dispute, properties that have been substantially developed will not be returned to the original owner but will remain with the current user. Unlike the Annan plan, however, the Turkish Cypriot ‘state’ or Turkey would foot the compensation bill, and not the individual using the property.

[OB1]

One thing for sure is that this is probably the first time our foreign policy had an out come. our bigest problem regarding the illegal build up of the occupied Cyprus was the fact that we couldnt inform the British about the concequences of buying in the north. Now we manage to get Miss Blair to defend that English couple, and by doing so all the english nation can finally hear about it. I dont know what the goverment promised to the UK Priminister (maybe some land in Akamas) but it worked. And the funny thing is our goverment complaining about it and playing along

[zan]

Is it just me or is that article full of contradiction. If it were a mathematical problem it should add up to zero. Maybe I missed something.

[Sotos]

OB1, what if they were offered land in Kerinia instead?

[Agios Amvrosios]

Doesanyone know if this tribunal has a website?

I want to look up the practice notes and the laws of the jungle.