In its landmark ruling on the case of Demopoulos vs.Turkey and 7 other cases, the ECHR held that the IPC was “an appropriate domestic body, with access to the relevant information” and therefore an “appropriate forum for deciding on complex matters of property ownership and valuation and assessing financial compensation, notwithstanding the time and efforts required from the applicants to exhaust domestic remedies”. The decision effectively quashed the view argued by the Greek Cypriot authorities and applicants, that the IPC was not valid as it was in the “illegally occupied territories”.

The ruling noted that in November 2009, the number of cases brought before the IPC stood at 433, of which 85 had been concluded, the vast majority through “friendly settlement”. To date, the IPC had awarded 47 million euros as compensation for over 70 cases, and the restitution of some 361,493 square metres of property. The Court also accepted that after more than 35 years of the properties being left by Greek Cypriots following the war in Cyprus, it would “risk being arbitrary and injudicious for the Court to impose an obligation to effect restitution in all cases – which would result in the forcible eviction and re-housing of many men, women and children”.

The Court also stressed that this ruling should not to be interpreted as an obligation to make use of the IPC and that refugees could choose to wait for a comprehensive political solution. However, if applicants wished to lodge an application before the ECHR, its admissibility would be decided in line with the principles laid out in today’s ruling – essentially, all local remedies including the IPC in North Cyprus, must have been exhausted first.

Embargoed! spokesperson Ata Cholak said, “This is a great victory for common sense and Cyprus – it checks the ridiculous piecemeal legal action encouraged by profiteering lawyers, which has added untold stress and years of waiting for Cypriot refugees. People on both sides have suffered because of the conflict and urgently need closure. The IPC strikes a balance between an individual’s right and the parameters established for a comprehensive settlement. It was established on the recommendation of the ECHR and – as the Court has agreed – it functions in accordance with international law.” He continued, “The IPC has resulted in tens of people enjoying a fair, fast and local resolution to their property dispute. We now hope the principles behind this ruling can be applied to the whole island – it will mean Turkish Cypriot refugees can enjoy the same rights to a fair and fast remedy, something which is currently not possible in the Republic of Cyprus.”

The group is holding two seminars on the Cyprus Property issue on 15 March 2010. Titled “Solving the Cyprus Property Conundrum”, a pool of experts from North Cyprus will review this complicated issue in light of current developments. A closed session will take place at the House of Lords on Monday morning, with a public seminar held in the evening in Room D302, situated on the third floor of Clement House at the London School of Economics (LSE) in Aldwych. The two hour event starts at 18.30 and has limited capacity; interested persons are invited to contact Embargoed! to reserve their place (email: events@embargoed.org or call + 44 (0)7806 932966). Further details about the LSE event can be found on the Embargoed! website, www.embargoed.org.

Greek Cypriots (GC) have consistently tried to disregard the IPC board claiming it is biased and does not provide an effective solution to the land issues in Cyprus. Hence a court action was lodged with the ECHR against Turkey by 8 Greek Cypriot applicants who upheld that they had been prevented from enjoying their property following the invasion and that there was no effective remedy in respect of their rights. The chamber hearing was held in November 2009.

The Greek Cypriot government have made it difficult for their citizens to apply to the board for compensation, essentially condemning them for doing so. In essence it was felt this would undermine their argument that there is an effective solution for land issues in the Northern Cyprus. TRNC and Turkey however have been pushing for the ECHR to accept the IPC as an effective solution to the land issue. So far 433 cases have been filed with the IPC of these 85 cases have been concluded, the vast majority by means of friendly settlement. In more than 70 cases, compensation had been awarded and some 361,493m2 of land had been returned and approximately 47 million Euros in compensation paid.

After reviewing the evidence the decision was made by the Grand Chamber of the ECHR that the IPC did provide an effective framework for the remedy of existing land issues. They did not find the board subjective or find that the sums awarded by the IPC fell short of being reasonable. This is a real coup for TRNC as there is now have an effective remedy which has been ratified by the ECHR for Greek Cypriot complaints regarding land issues. In addition home owners concerned about their deeds in TRNC following the Orams ruling can now feel comforted in the knowledge that there is an effective body to deal with any claims against their property. It is now widely expected that the 1400 cases which are pending with the ECHR will be referred to the IPC .

To read the full ECHR decision go to: www.echr.coe.int

Turkey will certainly face many challenges trying to get the Turkish Republic of Northern Cyprus (KKTC) recognized by other countries.

Speaking at the 64th Session of the UN General Assembly on Thursday, Turkish Prime Minister Recep Tayyip Erdoğan said, “A peace plan to unify the island drawn [up] as a result of the second phase of the negotiations should be brought to referendum by spring 2010 before the presidential election in Turkish Cyprus.” Warning about the possibility that Greek Cypriots may fail to accept a peace plan for a second time, Erdoğan implied that Turkey may take steps to lift the economic isolation. “If the Greek Cypriots will not again agree on a peace plan like the 2004 Annan plan to unify the island, then normalizing the status of the Turkish Republic of Northern Cyprus in the international arena will be a must that can no longer be delayed,” Erdoğan warned UN-member countries. Stressing that they can no longer accept protracted problems, Erdoğan said: “It must be understood that negotiations cannot last forever. The present window of opportunity cannot stay open forever, and there is an absolute need to make the process successful.”

This statement appears to be rather a remarkable indication that Turkey will take steps to get the KKTC recognized. Though diplomatic efforts for the recognition of Turkish Cyprus have not visibly increased since the Justice and Development Party (AK Party) came to power in 2002, this is the first time Turkey has explicitly made it obvious that it may launch diplomatic efforts to promote recognition of the KKTC as an independent state since 2004. Northern Cyprus is in an unfavorable position compared to Greek Cyprus, since southern Cyprus is a member of the EU yet northern Cyrus is severely deprived under hefty economic isolation.

While meeting with UN Secretary-General Ban Ki-moon, Greek Cypriot leader Dimitris Christofias said the solution of the Cyprus issue is very difficult to accomplish. “Saying no to the 2004 UN plan in Cyprus means saying no to the UN in the peace process,” Mehmet Hasgüler, one of the most prominent experts on Cyprus, said to Sunday’s Zaman while evaluating the speech Erdoğan made at the UN General Assembly on Thursday with respect to the recognition of Turkish Cyprus in case a peace plan is rejected by Greek Cyprus in 2010.

“Greek Cyprus was accepted into the EU a week after it rejected the Annan plan,” Hasgüler continued. “A normative assumption held by the EU then was that Turkey and Turkish Cyprus would take steps toward the unification of the island.” Many governments before the ruling AK Party’s government had sought to make other countries recognize Turkish Cyprus. However, long-stalled negotiations following the Annan plan referendum in 2004 resumed in September 2008 when the two leaders of both sides of Cyprus decided to meet face to face to discuss the disputed points in the unification of the two parts of the island. The first phase of the negotiations came to an end in August, and a month later, the second phase of the negotiations took off.

“Turkey is able to take this local problem to the international level easily. Starting in spring 2010, Turkey may initiate a controlled diplomatic process for Turkish Cyprus’ recognition,” Hasgüler said. Listing the difficulties, Hasgüler stated that the United Nations Security Council’s Resolution 541 condemning Turkey’s land grab in Cyprus in 1983 does not allow any UN member countries to recognize Turkish Cyprus. “Nonetheless, as a permanent member in the Security Council, Russia or China may veto this resolution, and thus countries may start to recognize it,” the expert stated. Hasgüler claimed that if Turkey recognizes Georgia’s breakaway regions of Abkhazia and South Ossetia, then Russia may consider recognizing the KKTC. “If political recognition will not be possible, at least the lifting of economic isolation may be a priority for Turkey. Malaysia, Azerbaijan and some African countries may lead the list in recognizing northern Cyprus if Turkey starts the diplomatic process for it,” Hasgüler said.

In May 2004 the rejection by Greek Cyprus of the Annan plan to unify the island steered the process of recognition of Turkish Cyprus reasonably well particularly after Azerbaijan said it would recognize Turkish Cyprus. During his visit to Turkey in early 2004, Azerbaijani President İlham Aliyev said they would recognize the KKTC if Greek Cypriots said no to the Annan plan during the referendum. However, the EU pressured Azerbaijan not to recognize the KKTC, threatening to recognize the self-declared Nagorno-Karabakh Republic, an Azerbaijani territory occupied by Armenia in the early 1990s. “Greece and Greek Cypriots even sent an official letter to the Foreign Ministry, noting that they should immediately abandon the idea of recognizing northern Cyprus. In turn they would recognize Nagorno-Karabakh’s independence,” said Vugar Gojayev, then the International Crisis Group coordinator of Azerbaijan. “This is the reason why Azerbaijan prefers to stay neutral in this issue,” he added. Considering Georgia and Azerbaijan have their own issues with breakaway regions, it will be hard for these countries to recognize the KKTC during the initial stage.

In contrast, Turkish Center for International Relations and Strategic Analysis (TÜRKSAM) head Sinan Oğan told Sunday’s Zaman: “Russia will not recognize the KKTC. There are nearly 50,000 offshore Russian companies in Greek Cyprus, and these companies comprise 12 percent of southern Cyprus’ national income.” Pointing to Greek-Russian relations throughout history, Oğan said, “Greek Cyprus and Greece have cultural and historical ties with Russia, and this will play a role in the recognition of Turkish Cyprus.”

27 September 2009, Sunday Zaman
MAHİR ZEYNALOV İSTANBUL

The British court’s decision would complicate the Cyprus problem at a time when comprehensive negotiations are taking place within the UN perimeters designed to establish a new partnership based on bi-zonality, political equality and two founding states, the MFA stated in a statement issued on Tuesday. Such a decision may result in the Greek Cypriot administration’s withdrawal from the goal of a solution, the MFA stressed.

The British court decided that a decision taken by a Greek Cypriot court could be implemented in Britain. The decision of the British court is against the nature of a new partnership in the island. The decision shows how the Greek Cypriot administration betrays its EU membership gained in an unfair manner, the MFA stressed.

The timing of the British court is fatal from the perspective of good will and legal character when one considers the negotiations in the island, the MFA said. The British court has disregarded the existence of a legal system in North Cyprus as was referred to in the decisions of the European Court of Human Rights, the MFA said. The precautions to be taken after the British court’s decision will jointly be evaluated with officials from the Turkish Republic of Northern Cyprus, the MFA also said.

The “Orams case” involved a litigation by a Greek Cypriot, Meletis Apostolides, who sued in 2004 in a Greek Cyprus court for the return of land his family abandoned after Turkey’s intervention in 1974. Linda and David Orams built a house on the property that was claimed by Apostolides and his family.

Reacting to the British court’s decision on Tuesday, Foreign Minister of the Turkish Republic of Northern Cyprus (TRNC) Huseyin Ozgurgun said that the Turkish Cypriots lived in security and peace in the TRNC. The issue of Cyprus can not be solved by legal cases, Ozgurgun stressed. Such cases aim at hiding the truth in Cyprus, Ozgurgun noted. What was experienced can not be forgotten. It is out of question to reach any success by cases involving property in Cyprus, Ozgurgun also said.

Commenting on yesterday’s Court of Appeal ruling that David and Linda Orams have to surrender their land in northern Cyprus to its original Greek Cypriot owner, Liberal Democrat European justice & human rights spokeswoman and London MEP Sarah Ludford said:

“The Cyprus property issue should not be settled in British courts in this way. A political solution re-uniting the island has to be found between the Greek and Turkish Cypriot communities.”

“It is inconsistent that while north Cyprus is currently excluded from EU legal and economic rights, a British court is used as a conduit for enforcing EU law on that territory through the principle of mutual recognition. These disputes should be settled via the North Cyprus Property Commission, a body set up with the approval of the European Court of Human Rights.”

“A real fear is that this judgement may prejudice the political talks, which are at a key stage. That would be tragic, and I urge the parties, whatever the feelings, to stay focussed on a positive outcome. The goal must be that at last all Cypriots become full EU citizens without the absurd distortions which the current division creates.”

article from Sarah Ludford MEP’s website

The programme gave the impression, with footage of bulldozers at work, that the Orams case is about houses being demolished. It is not.

No order of a Greek Cypriot court for the demolition of a house in the North can be enforced.All that can happen if the Orams lose their case is that any property they may have in an EU country could be sold to pay compensation to the Greek Cypriot former owner.

There was no explanation as to why “Rita” could lose her house in the North and therefore “lose everything.” Her house in the North will not be seized or demolished, and we were not told whether she has any assets in an EU country which could be seized. It is interesting that she said that with the benefit of hindsight she would still have gone to live in Northern Cyprus.

There was no explanation of why Turkish troops landed in the North.  Michael Nicholson was there at the time, so he should know. He should have said that they landed in response to an attempt by Greek Cypriots to take over the whole island by force and annex it to Greece. The coup was only a failed coup because Turkey intervened to stop it. He might also have said that it was the culmination of eleven years of persecution of Turkish Cypriots by Greek Cypriots.

He should have told viewers that a Turkish Cypriot in the same position as Mr. Apostolides could not recover his property in the South or get compensation by seizing property in Britain, because of the one-sided way in which EU law works in Cyprus.

Mr. Nicholson should have said that the TRNC Government has already set up a Claims Commission to which Greek Cypriots are applying for return of their property and/or compensation.  The TRNC government is therefore willing to pay the compensation and there is no need for Greek Cypriots to victimise British buyers. He should have questioned their motives. The Claims Commission was functioning when Apostolides appealed.  The woman looking for her land between two rivers should have been asked whether she had applied to the Commission, and if not why not.

There was a vague reference to “falling foul of the planning laws,” and “rules and regulations which should have protected buyers being overlooked” This has nothing to do with the Orams case, as there is no suggestion that their house has been built in breach of any planning laws or any other regulations. There was no explanation as to why any other house in Northern Cyprus had been built in breach of planning laws, nor as to what “rules and regulations” had been overlooked. In any event Northern Cyprus is not the only country in the world (including the UK) where planning laws have been breached.

There was no criticism of the ECJ for treating property cases in Northern Cyprus as if they were normal cases of private property, when it is quite clear that property rights on both sides have been overridden by political acts including war. It is those political acts which are being addressed by the two leaders in their talks, and there is no room for interference by the courts.
Regards,

Michael

MICHAEL STEPHEN

He, however, said that Turkish Republic of Northern Cyprus, which he added possessed political and legal tools, will be able to minimize the affects of the judgment through economic measures.

Evaluating the ECJ’s decision on the Orams Case at his weekly press briefing, Ercakica reminded that the European Court of Justice decision was of an interpretive nature and was not a verdict.

He however added that the judgment will have a negative affect on the ongoing talks to reach a comprehensive settlement in Cyprus.

The Presidential Spokesman said that President Mehmet Ali Talat will be meeting with representatives of political parties tomorrow to evaluate the court’s ruling.

Asked about what kind of negative affects the judgment could have on the process, Ercakica said that this would become clear as the process moved forward.

Describing the British Foreign Office’s statement on the issue before the judgment was announced as a zealous act, the Presidential Spokesman said that it was too early to jump to any conclusions as the matter could still be taken to the House of Lords.

Warning that the economy too could be negatively affected from the developments, the Presidential Spokesman however said that any difficulties confronted could be overcome by taking various measures.

Asked whether the principle of bi-zonality was under threat, Ercakica said that this principle was something determined and agreed to by the two leaders.

“In light of the recent developments concerning the Orams case the two leaders may need to re-discuss what they understand of the principle of bi-zonality or whether or not a common understanding on the principle still exists. There is good possibility the two will do so in the near future” he replied.

Responding to another question as to whether or not President Mehmet Ali Talat would leave the negotiating table if there is any disagreement on bi-zonality, the Presidential Spokesman said that time will show the future of the talks.

“Saying that the talks are over would not be right but I can say for sure that serious difficulties will be experienced” he said.

This was the headline statement as a result of the European Court decision on the Orams case. The headline backs the original court judgment made 4/5 years ago and this judgment was exactly as expected from one EU court, namely in the Republic of Cyprus and the EU’s top court.

The European Court of Justice says a ruling in a Cypriot court that the villa must be demolished, is applicable.

But this subsequent statement is the important one.

Even if the EU ruling cannot be enacted because the land is under Turkish Cypriot control, it means Mr Apostolides will be able to pursue a claim for compensation in a UK court.

This clearly means that he can only claim compensation for the land and there is an EU sponsored “Compensation Claims Board” already set up for this purpose, here in the TRNC. Over 300 claims have been made by Greek Cypriots through this court and these have either been settled by compensation or had land returned to them that was still under government ownership. So the likely outcome of any claim through British courts is to have the action referred back to the Compensation Claims Board.

The court ruling has not said at any time that claims can be made against any property in the UK.

In view of the fact that a number of Greek Cypriots have already made compensation claims points clearly to the fact that all the Orams case has been political posturing of the worst sort.

What everybody should be aware of is the fact that there are many Turkish Cypriots with land and property deeds for many areas in the South of the island. I am reliably advised that some of these people have tried for the last 5 years to get their claims heard in the courts of The Republic of Cyprus, but have been constantly denied access to the courts. Because of the non recognition of the North, these actions can only take place in the South, before being further processed in other EU courts. Clearly Greek Cypriots are using their EU influence to their own advantage and the EU should be made aware of the very worst decision they ever made, to accept the South into the EU after they rejected the Annan plan in the 2004 referendum. Since that date the EU has never kept it’s promises to the TRNC.

The British High Commissioner to Cyprus Peter Millet has said that the property dispute in Cyprus can only be solved through a comprehensive settlement

In a written statement issued today, the British High Commissioner pointed out that the Orams Case was a legal process and not a political one.

He said that the British High Court of Appeal, following the European Court of Justice’s judgment will be delivering the final verdict.

“As can be seen, the property issue which will be solved through a comprehensive settlement continues to be a sensitive and emotional issue for many people in Cyprus” he said.

Commenting on the British Foreign Office’s advice on traveling and living overseas, Millet said that the aim of the advice offered was to warn British nationals on any difficulties or problems they may face while traveling or living overseas.

Explaining that a warning regarding the purchase of immovable property in North Cyprus had been posted on Foreign Office’s website, the British High Commissioner said that advice on property had been reviewed and reissued in line with the possible outcome of the Orams Case.

In an address to the nation, the President said that the Orams Case had gone through a long legal process to which neither the Presidency nor the TRNC’s other official authorities had become directed involved.

He however said that they had closely followed developments in the case between the individuals concerned, providing all kinds of support.

Stating that it would not be correct to express any position or view on the matter before carefully assessing and evaluating the ECJ’s judgment, the President stressed that the ECJ’s failure to acknowledge the fact that the case was not the result of a violation of law by the Orams Couple but the result of the property dispute and the consequent existence of two separate property regimes on the island, was unacceptable.

“Above everything else, it must be known that the ECJ’s judgment is not the end and that the British High Court of Appeal will have the final say on the matter. It will be the British Court which will decide whether or not the Greek Cypriot Court’s ruling will be applicable in the UK” he said.

Talat also reminded that a case filed by the Orams Couple at the European Court of Human Rights against the Greek Cypriot court on claims that they did not receive a fair trial was still continuing.

He said in the event of the Orams Couple winning the case, the fact that the trial in the Greek Cypriot Court was in violation of human rights will be proven.

“It must be known that we perceive the property dispute in Cyprus not as a dispute among individuals but as a result of the Cyprus Problem” he said, adding that it was not possible to solve the property dispute before reaching a comprehensive settlement of the Cyprus Problem.

“Settling the property dispute is not only about the property rights of former owners. It will be solved by taking into account the rights of current owners or users through a combination of the methods of compensation, restitution or exchange.

The President said that he had highlighted these realities in all the international contacts he has held.

He said he had explained to foreign dignitaries that the property dispute in Cyprus cannot be solved through cases similar to the Orams case and that any attempt to do so will only serve to strain relations between the two peoples on the island.

“We underlined that such attempts will have a damaging effect on relations between the two peoples as well efforts to reach a comprehensive settlement to the Cyprus Problem” the President added.

The President also reassured the Turkish Cypriot people that whatever the outcome of the British High Court of Appeal will be, the TRNC Presidency and all its state organs will continue to safeguard and apply existing laws.

He also said all necessary responses to Greek Cypriot attempts to weaken the Turkish Cypriot Side’s hand at the negotiating table will be dealt with through solutions formulated in accordance with international law.

Pointing out that the recent developments has once again shown that the Greek Cypriot Side is using its EU membership against the Turkish Cypriot people, President Talat said these developments have at the same time, shown that the EU is not playing a positive and constructive role in solving the Cyprus Problem.

“These developments have also reaffirmed the view expressed in the UN Secretary general’s report dated 27th of May 2005, that the rise in individual court cases poses a serious threat to relations between the two peoples as well as the negotiations process” he added.

Talat reminded that the report had also stated that the property dispute will be solved through a comprehensive settlement to the Cyprus Problem.