Apostolides’ big win might just become our big loss

By Makarios Droushiotis Published on February 14, 2010

REFUGEE Meletis Apostolides took a risk when he decided to sue David and Linda Orams because they had built villa on his land in Turkish-occupied Lapithos. His subsequent decision to apply to a British court for the execution of the Cyprus court order and the positive outcome – after the ruling of the European Court of Justice – was greeted as a triumph of justice and the principles of the European Union.

The court decision recognised the right to ownership and put the brakes on the continuing development of Greek Cypriot properties in the north. The legal value of the decision is significant, but if it is not utilised rationally, it could turn into the nightmare of the Cyprus problem.

Recently, the Cyprus Republic settled a case that had been brought before the European Court of Human Rights by Turkish Cypriot Sofi Nezire. It agreed to pay her €500,000 as damages for loss if use of one-and-a-half houses (she is co-owner in the second) in Larnaca in which Greek Cypriot refugees are living. This settlement has opened Pandora’s Box with regard to Turkish Cypriot properties in the areas controlled by the Republic.

After 1974, the Republic put all Turkish Cypriot properties under the guardianship of the Interior Minister, who prohibits their sale, exchange and transfer because of the state of emergency. So far so good. However, without following proper expropriation procedures, the Republic took large expanses of Turkish Cypriot-owned land for development projects and for refugee estates.

The whole of the old Larnaca Airport and a part of the new one were built on Turkish Cypriot land. The owner of the land is a citizen of the Republic lives in Larnaca and has a Cyprus passport and ID card. The government has been paying him a handsome monthly allowance as part of its efforts to persuade him not to claim his property in the courts.

What would happen if he applies to a Cyprus court demanding the demolition of the old Larnaca Airport? How can the court reject such an application, given its decision in the Orams case?

Like Apostolides, the man is a Cypriot citizen. And what would happen if Turkish Cypriots come to our courts en masse, demanding compensation for loss of use of their properties and restitution? Will our government demolish the refugee estates? Will it expropriate all the Turkish Cypriot land now? The amounts involved would be prohibitive and the political consequences devastating.

Until now, the Republic had the Law of the Guardian which froze all transactions of Turkish Cypriot-owned properties and prohibited restitution. But part of the settlement reached with Sofi Nezire, includes the written undertaking by the Cyprus Republic for the amendment of the Guardian Law so as to allow all Turkish Cypriots living outside Cyprus or in the unoccupied areas, to take back their properties.

At least 100,000 Turkish Cypriots are registered citizens of the Republic. A large number of them live in the UK but should we be surprised if more and more of them decided to move back to the island to take back ownership of their properties which could be worth millions of euro at today’s prices? The financial incentive cannot be underestimated.

This is not just idle speculation or alarmism. After the government’s undertaking at the ECHR it is a very real possibility. This would not be the only unpleasant development. Soon, the ECHR is expected to refer the thousands of recourses filed by Greek Cypriots against Turkey to the compensation commission in the north. In other words, while the Greek Cypriots would have to apply to the commission of a non-recognised entity and receive peanuts as compensation for their properties, Turkish Cypriots would apply to the Republic’s courts and be given back their properties.

The only thing that could spare us from this scenario would be a political solution, even though prospects for this are not very rosy. Resorting to the law as tool for securing a better solution might be useful, but the idea that the legalistic approach could supplant political negotiations is now totally discredited.

Wed, February 24th 2010 at 11:17

Alex comments:

Brookman,

we're going round in circles.

As I said, once your Turkish buddies withdraw their application we can talk again.

It's REALLY SIMPLE mate:
"If they don't want to join why are they still knocking on the door?"

As I said, I'm eagerly waiting for the withdrawal of their application but I have a feeling I'll be waiting for a while...

PS: They've got a long way to go when in the year 2010 they still live in the 16th century:

They're still burying KIDS ALIVE in Honour killings (if you have kids I'm sure you'd like this, right?:
http://news.bbc.co.uk/1/hi/world/europe/8501181.stm

They're still imprisoning KIDS (if you have kids I'm sure you'd like this, right?):
http://www.guardian.co.uk/world/2010/jan/31/turkey-terror-jail-human-rights

They don't have any freedom of speech; they're even banning youtube
now (!) (like N. Korea, Zimbabwe and other civilised countries):
http://online.wsj.com/article/SB1000142405274870414010457505731353921988...

Not to mention the Armenia Genocide where even talking about it gets you imprisoned...

Truly, truly a "democratic" country to be proud of...

Wed, February 24th 2010 at 02:06

Brookman comments:

Alex,
The fact my friend is that even after 6 years of EU membership and for all its lobbying, manipulating, whinging and bitching, Greek Cypriots have extracted ZERO concessions from Turkey and Turkish Cypriots on the Cyprus issue. Your continued prediction that Turkey's desire to join the EU will eventually lead them to submit, is sheer wishfull thinking. Keep dreaming and flogging the dead donkey.

Mon, February 22nd 2010 at 11:14

Alex comments:

Brookman,

just present your facts here and I'll gladly continue the debate.

Facts speak louder than words so as I said, once Turkey withdraws its application we can continue. Until then stop talking about "informed commentators" and instead look at the facts:

Turkey remains to this day a "candidate" country.

Sat, February 20th 2010 at 03:03

Brookman from Hertfordshire - UK comments:

Alex,
Firstly, you should not pre-judge people by their names and make rash decisions on whether their opinions are worthy of your consideration or not. I was born in Cyprus the year before EOKA was launched and have lived through the "Cyprus Problem" all my life. My opinions on Cyprus are at least as worthy of considration as yours, so don't use patronising language in what is intended to be a forum for informed debate.
Secondly, why do you draw a distinction between "Cypriot" and "Turkish Cypriot"? Are they not all "Cypriots"? Is that not what we are all working towards?
The only person going round in circles is yourself. My contribution to this debate was my first but you seem to have made a number of contributions to this debate with very little relevance to the original article.
You also appear not to have read what I had written and have gone off on an irrelevant tangent. What I said was that Turkey was not prepared to accept EU membership at any cost, not that it had NO desire to join. So you may be waiting a long time for Turkey to withdraw its application. You also seem to overlook the fact that Turkey's original application was made over 20 years ago and the world is a different place now. The political and economic drivers to join the Union are not as strong as they were back then OR even 6 years ago when the RoC launched on its doomed strategy of using the EU as a weapon against Turkey. Most informed commentators agree that Turkey is not "desparate" to join and has/and is developing alternative long term strategies. Its no a difficult concept to grasp. There is a lot of data available on the subject and some of it even written by "Cyopriots", as opposed to Turkish Cypriots.
So, my advice is, keep looking for that other donkey, this one is dead.

Fri, February 19th 2010 at 11:11

Alex comments:

Brookman,

Thanks for that - hilarious I must say.

Firstly, it still amuses me to see people from other countries profess to be experts on the situation. If you're not Cypriot or Turkish Cypriot, why do you even care...

In any case we seem to be going round in circles, so please answer me this so we can stop this silliness:

You said "What is the attraction in a financially and politically bankrupt institution?" (this made me laugh..)

Let me remind you that it was TURKEY that came knocking on the EU's door and to be let in. It was TURKEY that's desperate to be accepted into the civilized world and given credibility.
It' TURKEY that wants in, NOT the other way round.

So... if they do REALLY do NOT want in.. then I expect they will shortly withdrawing their application and making an official statement that they are no longer

So, once they make that announcement, we can talk again. Before that happens we both know how desperate they are to join, so let's not waste each other's time.

As I said I'm on my edge of my seat, waiting for Turkey's withdrawal of their application, since they do not want to join... :)

Thu, February 18th 2010 at 21:09

Brookman from Hertfordshire - UK comments:

Alex,
There's an English saying "flogging a dead horse", I believe a similar expression used in Cyprus is "that donkey died".
You quote from Ataturk 90 years ago but don't seem to have heard what Turkey is saying in 2010. "Yes to Europe BUT not at any cost" and "if we are asked to choose between Turkish Cypriots and Europe, we choose Turkish Cypriots".
The master plan by Greek Cypriot leadership in 2003/4 was to get into Europe and use the EU to force concessions out of Turkey over Cyprus. Even you must realise that strategy failed. 7 years on, you are still talking about Turkey selling out Turkish Cypriots to get into Europe. What is the attraction in a finacially and politically bankrupt institution? Why do you think Turkey is following alternative policies.
As and when the big boys of Europe (which does not include Republic of Cyprus or even Greece), decide its time to let (by then) 80 million muslims into Europe, nobody will give a hoot about Greek Cypriots or their problems. The big boys are paying lip service to Greek Cypriots at the moment because it suits them. When the time is right they will sell you down the river as they have the Turkish Cypriots. Europe does not care for Cyprus, Turkey is not overly bothered about joining the EU, so better find yourself another donkey.

Thu, February 18th 2010 at 12:16

Alex comments:

Emir Soler,

Let me tell you how it is, because you're the one who's dreaming. If the Motherland (Turkey) wants to sell you guys out to get into the EU it will. It's a simple as that.

The funniest part of all this is that you guys think that you have a "government" with power in the North. What you have is a puppet with the strings controlled by Turkey. You know it and I know it.

So, if mamma-Turkey wants into the EU then I might be having that beer with you after all... and we ALL know that the GREAT DREAM of you "FATHER" Ataturk was to be European so...

PS: I can say that here, because this is a free country. Of course in Turkey I would probably be arrested, tortured and killed, right?

Thu, February 18th 2010 at 12:10

Alex comments:

Ismet Ustuner ,

no insults there, just facts... are you not in the same list of oppressive countries that bans freedom of press and even youtube?

That's a fact, right???

Thu, February 18th 2010 at 09:59

Emir Soler from TRNC comments:

Christoph from USA@
Let me know when you are in Girne, I will come and buy you a pint of EFES.
Keep dreaming.

Thu, February 18th 2010 at 09:56

Emir Soler from TRNC comments:

Christoph & Get Real@
'Clear as BELL
'
TWENTY-SIXTH ORDINARY SESSION
RESOLUTION 573 (1974)1
on the situation in Cyprus and in the Eastern Mediterranean area The Assembly,

Recalling that the aim of the Council of Europe is to "achieve a greater unity between its Members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress", and to promote peaceful co-operation among all nations;
Condemning the coup d'etat carried out in Cyprus by officers owing allegiance to the Greek military dictatorship;
Regretting the failure of the attempt to reach a diplomatic settlement which led the Turkish Government to exercise its right of intervention in accordance with Article 4 of the Guarantee Treaty of 1960;

Thu, February 18th 2010 at 09:49

Emir Soler from TRNC comments:

Get Real@
Carry on selling your Turkish delight, in the street corners in Cyprus,
'
Resolution 573 (1974)
2. Condemning the coup d'etat carried out in Cyprus by officers owing allegiance to the
Greek military dictatorship;
3. Regretting the failure of the attempt to reach a diplomatic settlement which led the
Turkish Government to exercise its right of intervention in accordance with Article 4 of
the Guarantee Treaty of 1960

Wed, February 17th 2010 at 21:58

Ismet Ustuner from TRNC comments:

I am not amazed any more to see many Greek Cypriots try to shoot down opponents simply by resorting to insults rather than facts and logic. I have given many facts and clear legal explanations in my posts below and none has been discredited.Those familiar with Greek Cypriots are familiar with their ways. There must be something wrong somewhere. Not my problem.

Wed, February 17th 2010 at 17:04

Alex comments:

Sorry, just read the hilarious post by Ismet Ustuner.

He thinks the Orams still have more room for appeal..but then again what do you expect from someone living in a country where news censorship is so bad they're even banning youtube now:

http://online.wsj.com/article/SB1000142405274870414010457505731353921988...

What a country, eh? In the same list of countries that ban youtube, like N. Korea, Zimbabwe etc.. Well done mate...

Wed, February 17th 2010 at 16:58

Alex comments:

Ismet Ustuner,

Thanks for your detailed legal analysis.

For years Turkey has said that the solution is not in the courts, so I find it ironic and frankly hilarious that all you Turks are now all of a sudden becoming experts in European Law..

Even more hilarious is the fact that you cannot even stop your fellow Turkish Cypriots from (RIGHTLY) claiming their property through the courts: http://businessneweurope.eu/story1962/BRICKS__MORTAR_Cyprus_concedes_to_...

There's more than a hint of irony in that, eh...?

Wed, February 17th 2010 at 16:53

Alex comments:

Troodo,

I prefer dealing in facts rather than making things up like "most TC's that apply get shafted".

So, there is at least one case that had a successful conclusion, which if you'd read my earlier post you would have seen: http://businessneweurope.eu/story1962/BRICKS__MORTAR_Cyprus_concedes_to_...

Other than that, please, please let us know of those unsuccessful TCs?

I would be very interested to know how many have indeed been unsuccessful and look forward to your detailed data. Of course all of this is in the public domain so I'm sure you'll have no difficulties in listing a number of cases here...

For the record, these are (just a few) of the successful cases against Turkey and others that resulted in sizeable damages:

Apostolides v Orams
Loizidou v. Turkey (USD 915,000 paid in damages)
Myra Xenides v. Turkey
Demades vs Turkey (EUR 835,000 awarded)

Look forward to your data.

Wed, February 17th 2010 at 16:23

Troodo comments:

Alex comments:

There is no legal impediment to Turkish Cypriots claiming their property in the south and in fact there never was. - oh, that's all right then. Hang on, how come most TC's that apply get shafted?

Wed, February 17th 2010 at 15:15

Alex comments:

There is no legal impediment to Turkish Cypriots claiming their property in the south and in fact there never was. ALL Turkish Cypriots with valid passports are citizens of the Republic of Cyprus and therefore EU citizens with full fights:

http://businessneweurope.eu/story1962/BRICKS__MORTAR_Cyprus_concedes_to_...

This is the difference between the legitimate Republic of Cyprus and the puppet “state” in the North…

Wed, February 17th 2010 at 07:44

Christoph from USA comments:

Emir Soler gets his 'facts' from the funny pages in TRNC newspapers. UN and EU resolutions call Turkish occupation of north Cyprus illegal and in violation of international law.

Turkey is in violation of Article 49 of the 4th Geneva Conventions for attempting to change Cyprus demographics with Anatolian settlers. Another breakage of the laws.

Turkey and the settlers must leave Cyprus. And they will, soon.

Wed, February 17th 2010 at 07:40

Christoph from USA comments:

You're in error, Ismet Ustuner. Apparently you don't get truthful news in TRNC. The Orams are out of appeals, they filed to have their house demolished.

Justice has been done regarding the Orams, the squatters were sent packing. My advice to you is to learn Greek.

Wed, February 17th 2010 at 02:01

Get Real! from Nicosia comments:

Emir Soler: “The Council of Europe adopted Resolution 573 on July 29, 1974 on this particular case, stating that Turkey’s intervention on Cyprus was a legitimate act emanating from the Treaty of Guarantee,”

Incorrect! Stick to your fish & chip shop… ;)

http://thecyprusproblem.100webspace.net/index_files/Article15.htm

Tue, February 16th 2010 at 22:22

Emir Soler from TRNC comments:

Christoph@ are you still dreaming? Still planing retiring to Girne? it is not going to happen.
Greeks claim Turkey invaded Cyprus 1974.
Turkey’s July 20, 1974 intervention on Cyprus was legal, say the Athens Court of Appeals and the Council of Europe.
The Council of Europe adopted Resolution 573 on July 29, 1974 on this particular case, stating that Turkey’s intervention on Cyprus was a legitimate act emanating from the Treaty of Guarantee, Part IV.
The historical decision of the Athens Court of Appeals, No. 2658/79, dates back to March 21, 1979.
Fact: First invader of Cyprus was 20.000 Greek soldiers was in 1964, it is officially recorded by UN that some 20,000 Greek were sent to the island of Cyprus with their armoured vehicles, arsenal, ammunitions. In 1968 illegal Greek troops were forced to go back to Greece by an ultimatum from Turkey.
When it comes to settlers look at Greek Cyprus what they are up to :
When the backgrounds of the 500,000 voters in the May 2006 Greek Cypriot elections were analyzed, a stunning outcome surfaced, clearly revealing the number of Greek settlers clandestinely accumulated on the island since 1961.
The breakdown of “Greek settlers” on the island is approximately as follows:
Pontus Greek Cypriots: 60,000- 70,000
Citizens of the former Soviet Republic: 30,000
Christians who fled Lebanon: 15,000-20,000
Immigrants from Greece: 100,000
Asylum-seeking Kurds: 2,500-3,000
Asylum-seeking citizens from third countries: 9,500
Total “Greek settlers in Cyprus”: approximately 230,000
By the way Christoph, British and USA troops are still in Germany since 1944

Tue, February 16th 2010 at 10:12

Ismet Ustuner from TRNC comments:

Christofer from USA wrote: "Peter from UK, the Cypriot Courts ruling on the Orams case was upheld in the EU Courts as well as the British Court of Appeals, so your comments about the ruling being 'biased' are totally wrong. Obviously it would have been overturned had the ruling been biased."
This is based on Greek Cypriot false propaganda. ECJ is not a court of appeal. The duty of ECJ was to interpret EU law i.e. the meaning of Protocol 10 and whether a decion by ROC court with respect to north Cyprus could be enforced in member countries. ECJ has no power to overturn the decision of a court of a member country. The only appeal from ROC courts is to ECHR only if there is a breach on human rights. Indeed Orams have appealed to ECHR on the grounds that they did not have fair chance of defence. This case is awaiting its turn.

Tue, February 16th 2010 at 04:25

Get Real! from Nicosia comments:

M Yilmaz: “It appears that the Turkish Cypriot population are being penalised for surviving ethnic cleansing since the 1960's and three genocide attempts”

Now is a good time to lookup the word “genocide” in a dictionary because after “three attempts” you’re all still alive! :)

Tue, February 16th 2010 at 04:13

Christoph from USA comments:

Peter from UK, the Cypriot Courts ruling on the Orams case was upheld in the EU Courts as well as the British Court of Appeals, so your comments about the ruling being 'biased' are totally wrong. Obviously it would have been overturned had the ruling been biased.

As for Mr. Yilmax, the only 'cyprus problem' that exists is the problem Turkey has extricating themselves without losing face. Their 36 year effort to institutionalize Ethnic Cleansing and Ethnic Division has been an abject failure and repudiated at the UN and at the EU.

In the end Turkey will have to leave Cyprus along with their illegal settlers and admit to the world their policy on Cyprus has been wrong. Way it is.

Tue, February 16th 2010 at 03:49

M Yilmaz from London comments:

It is fortunate for the Turkish Cypriots to learn now, that the Oram's case and the demands being made by the EU to Turkey for joining the EU, brings home the fact that the Greek people are not really interested in solving the Cyprus problems, and that the diplomatic negotiations are just a front. Peace, equality, nor justice will be possible in Cyprus and for that reason, the Turkish army will be staying there.
It is ironic that Turkey's intervention in Cyprus brought democracy to Greece by bringing down the junta, and re-established Makarios as the Greek Cypriot leader. Both Greece and the Greek Cypriots are indebted to Turkey.
It appears that the Turkish Cypriot population are being penalised for surviving ethnic cleansing since the 1960's and three genocide
attempts, with Europe's blessing.
My family own land in Larnaka which the Greek authorities have been using as a car park for the last 36 years. We have not received a penny in rent and we are planning to take action to recover these monies. We have many friends in similar circumstances and they are also in the process of preparing individual cases. After all, what is good for the goose, is good for the gander.

Tue, February 16th 2010 at 02:38

Varnavas from Formerly Agios Amvrosios comments:

Am I the only one who is upset by the number of comments from non-Cypriots weighing into this debate? not because they have an interest in a settlement addressing refugee rights or ethnic cleansing.Rather they are EU nationals who bought land at ridiculously cheap speculatively on the hope that a "settlement"would take the form of institutionalising and legalising ethnic cleansing. How do these people expect to receive more rights our of a solution than ethnically cleansed refugees from villages and towns where no clashes ever took place with Turkish Cypriots and which have no other connection to Cyprus except pure greed.

Tue, February 16th 2010 at 01:23

mustafa yildiz from london comments:

well what can i say...if the greek cypriots took advantage of the ANNAN PLAN at the time,then this would have been avoidable..Also upto now all the greek cypriot builders used the orams case in advertising and because of its not part of the EU prices in northern cyprus remained low,therefore this causes the greek cypriot compensations being low and the turkish cypriot compensations are high...think twice..sometimes the gun you are pointing could turn and shoot you..

Mon, February 15th 2010 at 23:47

Tosh from London comments:

The words shot and foot come to mind.

Mon, February 15th 2010 at 17:35

Get Real! comments:

Terry: “A wise man once said... Follow an idiot home and Cypriot parents will answer the door.”

That’s something you’ve invented but I wouldn’t call you wise… :)

Mon, February 15th 2010 at 17:15

Terry from Nicosia comments:

@ Stelios Ioannou. Are you realy as stupid as you sound? This is an opinion piece NOT a news article. The writer has every right to view his opinions as do you.

A wise man once said... Follow an idiot home and Cypriot parents will answer the door.

Mon, February 15th 2010 at 17:08

Get Real! from Nicosia comments:

Caroline: “All of us must realise that resorting to the courts is no solution”

On the contrary, the courts have been VERY effective so far so it’s expected that this trend will skyrocket especially once the bogus "negotiations" have terminated.

Mon, February 15th 2010 at 15:52

Caroline comments:

At last, journalists in the South are starting to wake up and see the that there is property loss on both sides. All of us must realise that resorting to the courts is no solution, a political solution is the only way out of a potential tit for tat nightmare which only discredits the WHOLE of Cyprus in the eyes of the world outside. May justice be done for those on BOTH sides. May true peace and forgiveness come to this troubled island.

Mon, February 15th 2010 at 13:53

Peter from UK comments:

Christoph writes;
"I don't agree with those who challenge ROC Courts as being 'biased' ..............................."
I suggest he gets real and contacts Mr O'Dwyer or read about his, and other Court & Police incidents where bias has been shown; predominately against British citizens but also Cypriots.
As stated by Ismet Ustuner, there was a definite bias against the Orams in the way the case was handled and it was lost because this was not challenged fully.

Mon, February 15th 2010 at 13:17

john from uk comments:

it is a sad affair and that the orams case has produced such a hollow victory, it is little known fact that there is much land in the republic south has turkish owners that now live in the north, but unlike the greeks they never pursued the loss of the land but opted for a "exchange" scheme, now the flood gates will open as the the land in the republic has such a greater value than the occupied north will apostalides still be the new "greek hero" then?

Mon, February 15th 2010 at 10:01

Ismet Ustuner from TRNC comments:

Piratis is making a valid point here but consider this: the Turkish Cypriot who recived "Exchange Land" transfers the "Title given by Denktash" to someone else. ROC may be aware of what has happened but since they do not recognize such titles they could not take any notice of it and it would be almost impossible to prove any "tresspass" for any length of time. Where do you go from there?
Such points prove once again that such a mess can only be sorted out politically and trying to be clever in court cannot solve any problem. I tell you what will happen. Last time the British got the Cypriots fight each other and as a result ran away with a chunk of Cyprus. Next time round the Americans will do likewise and in return help Turkish Cypriots pay some compensation to the Greek Cypriots. How is that?
PS: Lack of comment on the "Kangaroo Court" is very telling

Mon, February 15th 2010 at 02:55

Piratis from Cyprus comments:

We can't wait for the day that the TCs will en mass vote with their feet and show that they themselves do not recognize any "exchange" of properties and the illegalities of the occupation force, and that they instead recognize that the Republic of Cyprus is the one and only authority on this island with the power to determine what belongs to whom.

Personally however I don't think many TCs will do this. The only ones who will are those living abroad, like Sofi. Most of those who live in occupied Cyprus wouldn't dare, because they received large amounts of GC properties in 1974 as an "exchange" for their own, way more than the properties they left behind. The day they sue for their own properties in the free areas will be the day they are sued themselves for far greater amounts for the properties they have been illegally occupying since 1974. This is something very easy for the RoC to do, if and when they decide it is needed.

Mon, February 15th 2010 at 02:00

Get Real! from Nicosia comments:

Before Makarios Droushiotis gets too excited about putting the boot in the RoC with this article, I strongly advise him to pay special attention to the case: ”Demopoulos and 7 others vs Turkey” which challenges the legality and effectiveness of the “Immovable Property Commission” (IPC) which you can read about here…

http://cmiskp.echr.coe.int/tkp197/view.asp?item=1&portal=hbkm&action=htm...

As yet, I haven’t come across a chamber judgment for this case but you can be sure that it will either make or break the dodgy "IPC"!

I also remind that the number of GC refugees are FOUR times as many as the TC refugees, and that most of the TC refugee properties ARE easily transferable to the legit owners under the “Turkish Cypriot properties Management Service”…

http://www.moi.gov.cy/moi/citizenscharter/citizenscharter.nsf/dmltkprolo...

…whereas NONE of the GC properties are available by the Turkish invader/occupier!

If compensation were to be paid to every refugee, YOU calculate how much the RoC would have to pay up compared to the “TRNC”!!!

(Just for the record Myra Xenides-Arestis were paid €850,000 by the IPC and not peanuts as this article foolishly claims)

Makarios, you should’ve waited for this ECHR outcome before jumping to conclusions! :)

Mon, February 15th 2010 at 00:55

AW comments:

Unfortunately, the information in this article is wrong. Larnaca airport is not "...mostly build on Turkish Cypriot land...".

That the matter of property needs to be sorted out by the politicians is beyond any doubt, but it doesn't help when articles like this one are published. This is downright FUD (Fear, Uncertainty and Doubt) as the fact are simply not correct.

Sun, February 14th 2010 at 22:13

Ismet Ustuner from TRNC comments:

How can the Turkish Cypriots look upon the ROC as unbiased with no Turkish Cypriot judge sitting despite the constitution? In the recent Orams case, the ten day limit for filing a "Memorandum of Appearence" expired on a Friday. On Monday Candoudas applied to court "to prove" his case and he was given a chance next day Tuesday to do so. In the meantime, the advocate for Orams Gunesh Mentesh gave in the "Memorandum of Appearence" in English and it was rejected since only Greek and Turkish are the official languages of ROC. FAir enough, he asked for forms in Turkish and he was told to come back next day. He came early on Tuesday and he was old to come back after 10 am. So he came at 10 o'clock, he tried to hand in the "Memorandum of Appearence" but was told that it was too late because the judge had already gave judgement against Orams. Normally in such serious cases like tresspass, the judge would postpone the case for at least one month and also order that the hearing date is served on the defendants. In this case, Orams's advocate was kept waiting for the necessarry forms in Turkish whilst the judge heard the case in a hurry and finished it. How can a Turkish Cypriot trust such a "Kangaroo Court"?

Sun, February 14th 2010 at 21:44

Peace Forever from UK comments:

Whilst the authorities of the Republic of Cyprus have been advocating full support for all the individual Greek Cypriot cases in the European Courts, they have been continually and systematically denying the fundamental rights of the Turkish Cypriots, by discriminating against them and by refusing access and full use of their properties in the South of the island.

It will be very interesting to see the outcome of the 10 Turkish Cypriot cases in the ECHR.

Sun, February 14th 2010 at 20:29

Fevzi from London & Kyrenia comments:

Dirk from London: Thank you for your comments, well said!
If a Turkish Cypriot was given land/property in the north in exchange for what he left behind in the south, he should wait until a solution to sort out the problem.
But, why should TCs living abroad who did not receive any GC property be deprived of their property rights in the Republic unless they go and live there for a certain time. This rule did not apply to GCs claiming their property in the north. It is balatant racism by the Greek Cypriot dominated RoC and would not stand up in an independent court.
It is obvious the property issue needs a political solution.

Sun, February 14th 2010 at 20:13

Christoph comments:

Several of the commentators don't understad 'Eminent Domain'. If the Orams-private persons-built land on someone elses property than it can be demolished. If a recognized state-Republic of Cyprus-builds publically used/needed structures (airports, train terminals, power stations, etc.) on land where it's location is absolutely needed, they can claim access to the land through 'Eminent Domain'. It's a mechanism used in Courts to prevent some private property owner from demanding exhorbitant price and/or refusing the state access to property. It's not often used, but would obviously be used in the case of Larnaca Airport.

The owner would then be compensated by a fee established by the Court-usually the maximim market price for the property. I don't agree with those who challenge ROC Courts as being 'biased' in this case. Usually Courts are very favorable to property owners in the price of 'Eminent Domain' cases. And if the owner felt he was being cheated, he could take the case to EU Courts.

Sun, February 14th 2010 at 16:07

MarieB from Cyprus comments:

Ouch. I just wrote a lot of my inner thoughts and when I pressed the button it all disappeared.
But to recap, I wanted to thank Kirios Droushiotis for his fair comments and for pointing out that the Orams decision could lead to huge headaches (plus a lot of income for a few lawyers).
There is much confusion in the North as to why Mr Apostolides should want that tiny corner of the former 'ancestral home' which was sold by Turkish Cypriots to the Orams, and while Turkish Cypriots still occupy the bulk of the land, plus the former home!

But for all it is said the RoC have protected former Turkish Cypriot properties, that surely does NOT include the 26 or so villages that were razed in 1976 ensuring no Turkish Cyprjiot could ever return. Not only houses, but mosques, cemeteries and everything connected with a community life was bullsdozed, and the rubble still remains as a reminder of the obliteration of part of Cyprus' life style.
What is to be their compensation then?

But may I say in closing how I appreciate that Mr Ioannou's comments display a rather disappointing use of language, and an unecessary vilification of both the writer and the newspaper. It seems to me as a non-Cypriot that this kind of venom does little for the hopes of a future for this country torn apart by its own history - which is, incidentally, in the main, much misrepresented.

Thanks again for Mr Droushiotis' unblinkered vision of how it really is. Efkaristo parapoli.

Sun, February 14th 2010 at 15:14

Fevzi from Surrey comments:

A very good and thought provoking article by the Cyprus Mail. While no-one can deny Apostolides his legal rights I think the bigger picture scenario was definitely not taken fully on board. The EHRC will shortly be ruling on another 10 cases - 10 cases where the Turkish Cypriots are the Applicants. These cases have been brought forward ahead of the 1500 or so Greek Cypriot cases on the bases that the Turkish Cypriots have not had any fair discourse to justice using the RoC judicial process [all proceedings are in Greek thus putting Turkish Cypriots at a huge automatic disadvantage - at least that is my understanding].

The only people who will come out the winner in all of this will be the lawyers! If and when an order for the demolition of Larnaca airport is lodged do we seriously think it will be executed? Personally I feel the answer has to be yes, but realistically it will not happen. Here lies one of the double standards being unfairly used against Turkish Cypriots.

Please Please Please lift the embargoes on my people. Don't come back to me saying when the troops are gone the embargoes can be lifted, as under Annan, by now, we would have been left with 600 Turkish and 900 Greek troops on the whole island.

Let us all hope that the two President's can come to an agreement and that the people of Cyprus will make a decision that is right for everyone!

Sun, February 14th 2010 at 14:51

Stelios Ioannou comments:

Your report is wholely in accurate.

The airport is not built totally on TC land at all, but a mere 4000m2 in one small corner is TC land. The RoC is not pay a monthly sum at all but any rents due are held in trust with the TC land gaurdian, the RoC until a solution is met.

Furthermore, land expropriated for major public works (airports, roads, hospitals) are compensated accordingly and cannot be demaned back.

Such poor, propoganda style writing leaves a bad taste in everyone mouth and does nothing to promote the unification to the islands problem.

How dare you sprea such lies to the wider public without first checking you facts, it is discgracefull and you paper is only worthy of being in the gutter as gutter press.

You should be ashamed of yourselfs and immeniately print a retracts and an apology.

I might have guessed it was makarios Droushotis, what a poor pisspot writer totally anti GC and it has been alleged that he is also bent, to the point to try and undermine the good efforts of the RoC.

This is further proof that the Cyprus mail, is a biased, propoganderised, anti-GC paper and is not even worth taking seriously.

Sun, February 14th 2010 at 14:04

john from uk comments:

compensation and ....need not be demolished....hhhmmm so what about the orams choice...

Sun, February 14th 2010 at 13:36

Peter from UK comments:

Christoph from the USA says;
"Those owning the property need to be compensated in a fair way (as determined in a Court), but the airport need not be demolished."
This seems fair enough to me but I would ask which court? The "ROC" court which is hardly impartial and, as several recent events have shown, is corrupt? I don't think so!

Sun, February 14th 2010 at 12:06

Dirk from London, UK comments:

Until now, the RoC effectively curtailed the right to property of Turkish Cypriots unless they moved to the South and became permanent residents there for a period of 5 years, during which period they would have to live on their own means, somewhere other than on their property. That of course acted as a major disincentive.

If, following the Sofi arrangement,the RoC undertakes to reform its legal practice as agreed, it will not be necessary for Turkish Cypriots to move to the South to claim the right to their property, in order to live in it, or in order to sell it at prevailing market prices. Living abroad or moving abroad would suffice.

The RoC could plausibly argue that Turkish Cypriots living on confiscated Greek Cypriot land in the North should wait until the solution to the Cyprus problem before being given effecive control of their property in the South.

However, limiting the (effective) right to property of Turkish Cypriots currently living abroad, who are not using confiscated Greek Cypriot property and thus have done nothing wrong, flies in the face of European ant-discrimination laws. It is blatant discrimination against a group of Cypriot / European citizens based solely on their ethnicity, and on no other grounds whatsoever.

It is inconceivable that each and every Cypriot or European citizen holding a title deed in the area controlled by the Republic of Cyprus should be able to manage or sell his property as he sees fit, here and now, and regardless of his current place of residency, except in the case of those citizens who happen to be classified as Turkish Cypriots.

Sun, February 14th 2010 at 11:34

Emir Soler from TRNC comments:

"If you dig a hole for someone else, you'll fall into it"


That is what TRNC is saying for years. But who listens? At the end of the day it has to be a political solution.

Sun, February 14th 2010 at 11:12

Christoph from USA comments:

Mr. Droushiotis doesn't seem to grasp the mathematics of the situation. There are far more Greek Cypriots with property in the north than Turk Cypriots with property in the south. Further, there is no obligation for GC's to accept an offer from the 'Property Commission' in the north. If they feel the settlement is unacceptable they can reject it and demand more, or take their case to the EU courts if they feel they are not getting a fair and PROMPT settlement.

As for TC property in the south, it should be returned. In cases where it was developed, the owner should be compensated in a fair manner. We can't demand Turkey toe the line on fair administration of property cases if Cyprus does not do it herself. Regarding the airport there is an accepted practice in most nations called 'eminent domain', where needed public structures take precedence over private ownership. Those owning the property need to be compensated in a fair way (as determined in a Court), but the airport need not be demolished.