The Greek Cypriots' Legal Attacks on the Turkish Cypriots will not succeed!
By Arif Tahir Erisen
Advocates Corner – Property NC Magazine
July 2005 Issue
After the referendum held in April 2004 in Cyprus by the United Nations to solve the 40 years old Cyprus Political Problem, the true face of the Greek Cypriot Government , Political Parties and the majority of the Greek Cypriot people has been revealed. The referendum result showed that 65% of the Turkish Cypriots voted YES and 75% of the Greek Cypriots voted NO to the United Nations Peace Plan. This balanced Peace Plan was produced as the result of years and years of work and mediation by the United Nations, after taking into account of the wishes and the anxieties of both communities.
This made it clear to the World's Nations that, it was the Turkish Cypriots who would agree to share a joint government in a United Island and want peace and it is the Greek Cypriots who do not want a fair settlement, if it does not suit their purpose. If a settlement is achieved for the long lasting Cyprus Problem, this could also be a good example for the other troubled areas of the world. But the Greek Cypriots, having joined to the European Union, have started to misuse and even abuse the rights and opportunities of the union.
This naturally started to create a displeasure and uneasiness within the European Union member Governments and World Institutions. The United Nations Secretary General and his officials are also becoming increasingly aware that, as long as the Greek Cypriots are accepted as the recognized state alone, and the embargoes and the isolations on the Turkish Cypriots continue, the Greek Cypriots will not genuinely and wholeheartedly come to the negotiation table.
On top of the above explained negative attitudes, the Greek Cypriots, with the support of their government, and in order to achieve their aims to stop the economic development in the North of the island, have started unjust legal attacks on the Turkish Cypriots and on foreign citizens who buy or use previously Greek owned land in North Cyprus, forgetting and ignoring the fact that, in 1974 after the onslaught by the Greeks on the Turks, the Turkish Cypriots also left their lands in the South of the island and that these lands have been and are used by the Greek Cypriots and that a lot of these lands have been illegally compulsorily acquisitioned by the Greek Cypriot Government without giving any legal notice or a single penny to the Turkish Cypriot land owners. What kind of justice and justification is this?
When Turkish Cypriot Ministers were kicked out from the Cyprus Republic Government, and hundreds of Turkish Cypriots were kidnapped and killed, and 103 Turkish villages were demolished between 1963 and 1974 by the Greek Cypriots, were not the Human Rights of the Turkish Cypriots infringed and jeopardized yet always the Greek Cypriot rights are alleged to have been violated by the Turks, and what the Greeks have done as ALWALYS brushed under the carpet!!
With reference to some of the recent Greek Cypriot summons issued by the Greek Cypriot Courts in the South, against the Turks who are in use of previously Greek Cypriot owned land left in the North, the law is very clear. It was clearly stated in the Cyprus Republic Constitution that, when the disputed parties in a case are a Greek Cypriot and the other a Turkish Cypriot, the sitting judges must also comprise of Turkish Cypriot and Greek Cypriot judges.(See. Cyprus Republic Constitution, Article, 159(1), (2), (3), (4), (5), (6). In the present time, hearing such a case with only a Greek Cypriot Judge is not considered to be legal. The Rule of Necessity created by the Greek Cypriot judiciary after the illegal usurp of all the powers of the Cyprus Republic after 1963 by the Greeks, allowing a Greek judge to hear a disputed case between a Turkish and Greek Cypriot person cannot be considered legal and justified any longer, especially after the free movement of people following the opening of borders in April 2003 on the island. Furthermore it is against all legal principles for the Greek Cypriot Courts to claim jurisdiction over land cases situated in the North of the Island that they do not have any control over and so can not enforce any of their judgement.
The Greek Cypriots' new threatening tactics of issuing a European Arrest Warrant to Turkish Cypriots or to European Union Nationals, by way of bringing forward a trespass offence have increased previously punishable sentence from 6 months to 2 years imprisonment in order to meet the European Arrest Warrant criteria. (See Laws of Cyprus , Cap. 154, Section 281). The Greeks who resort this tactic against those who are using or have purchased a previously Greek owned land in North Cyprus will not be welcomed by the European Nations especially by the British Courts and the Government. The European Arrest warrant law came into force on the 1 st January 2004 in Europe with the aim to speed up the extradition procedure within European Member Countries to stop the terrorist and high criminals escaping from justice and not to serve the political greed and ambitions of the Greek Cypriots!! Yet it is another example that, instead of the Greek Cypriots coming to the negotiation table to find a lasting and fair settlement to the Cyprus Problem, they choose the way to try and stop foreign investment or economic development in the North of the island hoping that by crippling the economy in the North, it will give them a better chance to settle the Cyprus problem on their own terms. But history has proven over and over again that, when the Greek Cypriots reject a fair settlement, it has always put the Turkish Cypriots one step ahead and there is every indication that this time, it will be the same.
It is true that, land ownership is one of the most urgent and important matter that needs to be settled between the two communities. Although the solution for this matter designed in the Annan Peace Plan was not considered to be perfect for either community, nevertheless had the Greek Cypriots voted Yes to the referendum, the land disputes could have been resolved between the two communities which could have led to a greater peace and harmony between the two communities. Before such a settlement, how the Turkish Cypriot Government, in order to please the Greek Cypriots can stop the investment on the previously Greek Cypriot owned lands? Did the Greek Cypriots stop development or investment on the previously Turkish Cypriot owned lands left in the South of the island. Within this context, it must be remembered that, when in 1975 the two community leaders agreed to exchange populations and the Turkish Cypriots living in the South came and settled in the North and the Greek Cypriots living in the North went and settled in the South, it was obvious that the lands belonging to either communities would also be exchanged. Consequently, in 1977, when the Turkish Cypriot leader Rauf Denktash and the Greek Cypriot leader the late Makarios and in 1979, when the Turkish Cypriot leader Rauf Denktash and the Greek Cypriot leader the late Spiros Kiprianou had a Summit Meeting and reached the above Agreements, it was decided that, the settlement in Cyprus would be based on the principles of a bi-communal and bi-zonal Federal Government based on the political equality of both communities. Since 1977, it has been known by the two communities that when settling the Cyprus Problem, the Turkish Cypriots left land in the South and the Greek Cypriots left land in the North of the island would one day be exchanged and set it off against each other and that any member of the community not receiving exchanged land would have been compensated.
Within the political circles, it is widely believed that, no matter how long this Cyprus problem continues, at the end of the day, this dispute will be settled on the principles of the United Nations Plan known as the Annan Plan or it may well be called by other names. The Greek Cypriots trying to solve the land disputes via the European Court of Human Rights will also not be a practical way of solving the Cyprus problem. Winning one or two cases at these courts will not help finalize the matter and perhaps it will prolong it. If the Turkish Cypriots also start to take their land dispute cases with the Greek Cypriots or with the Greek Government to the Human Rights Court , this will mean that the European Court of Human Rights will be suffocated with thousands of Cypriot land disputes. In order for the Human Rights Court to finalize such cases a few in a year, means it will take them hundreds of years to solve these land dispute cases, as giving judgement on one or two cases does not mean that the other cases will also be decided. As the recent Kofi Annan report submitted to the Security Council reported, the individual cases recently opened by the Greek Cypriots will not help and in fact will jeopardize the peace efforts between the communities and that the best course of action by the two communities is to come to the negotiation table without any absurd demands and with good intentions to try to solve the Cyprus Problem and my wishes are also the same.
Arif Tahir Erisen
Practicing Advocate in North Cyprus
Land for Investment in North Cyprus |
