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How can we solve it? (keep it civilized)

Postby Kifeas » Tue Jun 13, 2006 2:49 pm

despo wrote: Piratis, again you are demonstrating just how difficult it is going to be to get a settlement on the island.

Anyway, I can't respond to all your points because, quite simply, you don't even have a basic grasp of the issues.

But...

Piratis wrote:
Go read the Annan plan. It is obvious that the only part that interested you is that you would get your own land back and you didn't give a damn about the rest of Cypriots and the rest of the Annan plan parameters.


Well, it's good that you acknowledge that the Annan Plan would have returned land to GCs. One rejectionist argument against Annan, however, was that not all displaced people would have returned. Instead, a settlement should be based on the decision of the European Court of Human Rights (ECHR).


You are obviously a defender of the deceased Annan plan, and you are trying to decorate it with flowers so that you show us how good it was and what we have lost for rejecting it.

Well, perhaps you should go around and visit the areas (actually the scrappiest parts of the occupied north) which were meant to be returned to the G/Cs, and then speak. No, the territorial adjustments were not satisfactory at all, nor the 1/3 of property returns in the T/C (North) State, were sufficient, neither the compensation schemes provided by in the Annan plan were serious. No one has claimed that all G/Cs should get all their properties back, as the ECHR decisions otherwise call for, but certainly no G/C in his right senses should have accepted such an extensive property theft, as it was meant to be legalized through the Annan plan. Nor it is logical the TC (North) state should occupy, after territorial adjustments, 47% of the coastlines (the most expensive and valuable lands,) and the G/C state only the 44% (the remaining 9% being part of the British bases.)

despo wrote: But, the Loizidou decision has now been surpassed by the Xenidi-Aresti decision, by which the Turkish Cypriots will set up a Property Commission (recognised as a legal entity by the ECHR) which will have the power either to return property (I would like to see Mrs Xenidi-Aresti going back to her house in Varossi on a decision of this committee, and all on her own, since, unlike Annan which would have involved the whole population of Varossi, this particular decision applies only to her), or offer compensation, or decide on the final status of property once a settlement is reached through the UN.


You make two mistakes here. The first is that the property committee that the ECHR asked in the Aresti-Xenides case is asked to be formed under the authority and control of the Turkish government who is the only single defendant in the case, and not under the authority of the T/C community or the “TRNC.” It is another issue if the Turkish government -as they occupying force in the north, asked the T/Cs to form this committee on her behalf. That doesn’t mean that the court ceased from acknowledging Turkey to be the defendant entity and will now start recognizing the “TRNC” as the entity in control of the north, or as a legally valid entity. This is the Turkish propaganda theory which they mainly initiated for internal consumption, and has nothing to do with the actual court ruling. The second mistake is that you think the court gave the right to Turkey -or to any such committee, to handle the property issue in whichever way they may choose to, and thus offer compensation only or any other remedy -in their discretion, instead of providing for the actual return of properties. No, the court made it explicit that the functioning of any internal remedy that Turkey will provide, should be in line with the merits of the Loizidou case /ruling, which means that each G/Cs are the physical and legal owner of his properties in the north, which must be made available (returned) to them, besides compensation for the loss of use for the part years. Alternatively, the G/Cs still have the right to go back to the ECHR against Turkey should the later doesn’t provide for remedies according to the Loizidou findings and precedent. The Loidiou precedent did not change for one iota with the Aresti case.


despo wrote: Papadopoulos and other rejectionist GC politicians would always bang on about how any settlement should be based on the ECHR decision, but ever since this decision was published a few months ago the term "European Court of Human Rights" has completely dropped out of their vocabulary and they don't mention it anymore. When was the last time you heard Papadopoulos mention the ECHR?


You just make a huge mistake with the above! Nevertheless, since when someone is termed a rejectionist, if he tries to defend the minimum legal and historical rights of his people?
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Postby despo » Tue Jun 13, 2006 2:59 pm

Kifeas, the ECHR has already pretty much accepted the establishment of a TC commission, which will exercise the powers I outlined.

But, why do you think the ECHR made such a distinction between the Loizidou and Aresti-Xenidi cases and suggested the establishment of an internal remedy? Is this what GCs were expecting when they rejected Annan, believing they could use the ECHR? How will GC displaced who take their property case to the "internal remedy" be viewed by other GCs? Do you believe that the ECHR can be used as a way by which ALL GC displaced will reclaim their properties? What about the TCs who are taking their cases to the ECHR, to reclaim their property from the RoC or private GCs? Moreover, why has the Papadopoulos government competely ceased all mention of the ECHR?
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Postby Kifeas » Tue Jun 13, 2006 3:07 pm

cypezokyli wrote:
Piratis wrote:cypezokyli, I could not find the definition of "political equality of communities". Apparently this is just another vague term invented for Cyprus that anybody can interpreted any way he likes. If you want me to tell you what I think it means I will.

I found however the definition of political equality:

By political equality we refer to the extent to which citizens have an equal voice over governmental decisions.
One of the bedrock principles in a democracy is the equal consideration of the preferences and interests of all citizens. This is expressed in such principles as one-person/one-vote, equality before the law, and equal rights of free speech.
http://www.ksg.harvard.edu/inequality/S ... /Verba.pdf


i just wonder if oyu dont understand or if you do not want to understand :roll:
just change in the above definition "citizens" with "communities" and you have a new definition of democracy


Political equality between the two communities doesn’t mean numerical equality in all the legislating, decision making and administrative organs of the State, nor does it mean duality in everything, neither does it mean that political equality of two numerically unequal communities should result or become achieved to the detriment or upon the sacrifice of political, legal and natural equality of each individual Cypriot citizen.

Furthermore, bi-zonality doesn’t mean two ethnically owned and ethically based zones that each one will be equated with the separate and distinct identity of each community –i.e. by virtue of historical national (ethnic) ownership, as the Annan plan philosophy assumed bi-zonality to mean. The notions (concepts) of Bi-zonality and bi-communality are two separate ones, functioning on two different levels, and not two identical and interchangeable terms of the same thing.
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Postby Kifeas » Tue Jun 13, 2006 3:31 pm

despo wrote:Kifeas, the ECHR has already pretty much accepted the establishment of a TC commission, which will exercise the powers I outlined.

No, this is not correct! It hasn't approved it yet, as far as I know. The whole issue is still pending.

despo wrote: But, why do you think the ECHR made such a distinction between the Loizidou and Aresti-Xenidi cases and suggested the establishment of an internal remedy?

The internal remedy refers to Turkey, not to any other entity! The court did not make any distinction in the two cases. It simply allowed Turkey to introduce an internal remedy because every country has the right to apply internal remedy measures for cases affecting them, before they finally end up to the ECHR, and because the court cannot deal with the thousands of such similar cases in an efficient manner. It basically said to Turkey that “instead of me (the court) punishing and ordering you to do what I did in the case of Loizidou, I give you the option to do it to yourself alone, according to the way I did it the first time in the Loizidou case!” As simple as that!

despo wrote: Is this what GCs were expecting when they rejected Annan, believing they could use the ECHR? How will GC displaced who take their property case to the "internal remedy" be viewed by other GCs?

How will be viewed by other G/Cs? Is it anyone’s business how I will defend and safeguard my human rights? The ECHR send me there to claim my property, and it is no one's business if and when I will do so. Those who will object, I will be very happy to share with them their non-occupied properties in the south, and also share with them my occupied and usurped properties in the north!

Sorry but this is a nonsense argument!
despo wrote: Do you believe that the ECHR can be used as a way by which ALL GC displaced will reclaim their properties? What about the TCs who are taking their cases to the ECHR, to reclaim their property from the RoC or private GCs?


Everybody has the right to his property. The T/Cs too! If the RoC usurped illegally T/C properties, let it pay for the crime it committed! I couldn't care less! If it illegally used land in order to house G/C refugees, then it has to build other houses for these people, demolish the illegal houses it built and return the properties to their owner. This is not the same as legally appropriating land for the contraction of roads, airports, hospitals, etc.

Do you know what percentage of T/C properties have been taken and used in the south by the RoC? Less than 0.5%!

despo wrote:Moreover, why has the Papadopoulos government competely ceased all mention of the ECHR?


Who said that it ceased to mention it? If it did not do so recently, it is only circumstantial! That's all!
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Postby Piratis » Tue Jun 13, 2006 3:39 pm

just change in the above definition "citizens" with "communities" and you have a new definition of democracy


Are you serious??? The equality of citizens is the building block of democracy. If you replace the word "citizens" with anything else, then what you have is not the "new definition of democracy" but not democracy at all.

How about replacing the word citizens with the phrase "white people", we get the South African Apartheid "democracy". How about to replace the word citizens with "royal family" we get Monarchy. If you replace the word "citizen" with anything else then what you get is NOT democracy.

One-person one vote, is one of the bedrock principles in a democracy. So sorry, Despo, cypezokyli etc, but we can not sacrifice democracy for the pseudo "unity" of Annan.
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Postby cypezokyli » Tue Jun 13, 2006 8:08 pm

Kifeas wrote:
cypezokyli wrote:
Piratis wrote:cypezokyli, I could not find the definition of "political equality of communities". Apparently this is just another vague term invented for Cyprus that anybody can interpreted any way he likes. If you want me to tell you what I think it means I will.

I found however the definition of political equality:

By political equality we refer to the extent to which citizens have an equal voice over governmental decisions.
One of the bedrock principles in a democracy is the equal consideration of the preferences and interests of all citizens. This is expressed in such principles as one-person/one-vote, equality before the law, and equal rights of free speech.
http://www.ksg.harvard.edu/inequality/S ... /Verba.pdf


i just wonder if oyu dont understand or if you do not want to understand :roll:
just change in the above definition "citizens" with "communities" and you have a new definition of democracy


Political equality between the two communities doesn’t mean numerical equality in all the legislating, decision making and administrative organs of the State, nor does it mean duality in everything, neither does it mean that political equality of two numerically unequal communities should result or become achieved to the detriment or upon the sacrifice of political, legal and natural equality of each individual Cypriot citizen.

Furthermore, bi-zonality doesn’t mean two ethnically owned and ethically based zones that each one will be equated with the separate and distinct identity of each community –i.e. by virtue of historical national (ethnic) ownership, as the Annan plan philosophy assumed bi-zonality to mean. The notions (concepts) of Bi-zonality and bi-communality are two separate ones, functioning on two different levels, and not two identical and interchangeable terms of the same thing.


so what exactly does bicommunality and / or political equality of the two communities mean ?
you only argued what id doesnt mean.
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Postby Kifeas » Tue Jun 13, 2006 8:29 pm

cypezokyli wrote:
Kifeas wrote:
cypezokyli wrote:
Piratis wrote:cypezokyli, I could not find the definition of "political equality of communities". Apparently this is just another vague term invented for Cyprus that anybody can interpreted any way he likes. If you want me to tell you what I think it means I will.

I found however the definition of political equality:

By political equality we refer to the extent to which citizens have an equal voice over governmental decisions.
One of the bedrock principles in a democracy is the equal consideration of the preferences and interests of all citizens. This is expressed in such principles as one-person/one-vote, equality before the law, and equal rights of free speech.
http://www.ksg.harvard.edu/inequality/S ... /Verba.pdf


i just wonder if oyu dont understand or if you do not want to understand :roll:
just change in the above definition "citizens" with "communities" and you have a new definition of democracy


Political equality between the two communities doesn’t mean numerical equality in all the legislating, decision making and administrative organs of the State, nor does it mean duality in everything, neither does it mean that political equality of two numerically unequal communities should result or become achieved to the detriment or upon the sacrifice of political, legal and natural equality of each individual Cypriot citizen.

Furthermore, bi-zonality doesn’t mean two ethnically owned and ethically based zones that each one will be equated with the separate and distinct identity of each community –i.e. by virtue of historical national (ethnic) ownership, as the Annan plan philosophy assumed bi-zonality to mean. The notions (concepts) of Bi-zonality and bi-communality are two separate ones, functioning on two different levels, and not two identical and interchangeable terms of the same thing.


so what exactly does bicommunality and / or political equality of the two communities mean ?
you only argued what id doesnt mean.


It means anything and everything as long as it doesn't end up meaning what it is not supposed to mean!
Last edited by Kifeas on Tue Jun 13, 2006 8:35 pm, edited 1 time in total.
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Postby Kikapu » Tue Jun 13, 2006 8:35 pm

[quote="Kifeas"][quote.It means anything and everything as long as it doesn't end up meaning what I stated that it doesn't mean![/quote]

Well, I'm glad that question has finally been cleared up.!!!!!???????
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Postby cypezokyli » Tue Jun 13, 2006 8:39 pm

:lol: :lol:

i have to admit - a clever answer
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Postby Kartal_Aetos » Tue Jun 13, 2006 10:35 pm

Piratis, im replying to ur first post at the start of this thread...

Unfortunately, due to past events do u really believe the TC's can trust GC's to give them final say? i do agree with you that we must start thinking of ourselves as one nation, one ethnicity...unfortunately u can not dive in at the deep end before you learn to swim...can i as a turkish cypriot be sure that there will be no other Nikos Samson? or General Grievas ever again? i dont think so...How dangerous would it be for the country if a dillusioned fascist still hoping for ENOSIS came to power?...could i take the risk? maybe...but the smart thing would be to not...
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