Cyprus Orams case-Unlimited possibilities?

Pyrpolizer · professor

The Orams case is about tresspassing.
There are various degrees of tresspassing though, starting from staying a few nights at a stolen hotel, to the full degree of having built a villa on someone elses property.
The first would propably be fined with a few hundred Euros.

What we are interested here is for cases concerning the full degree of tresspassing
Various questions come up:

1)How would one prove beyond and reasonable doubt that the summoned is indeed the "owner"?
2)How difficult would it be to deliver the summons?(the pseudo already announced persons doing so will be imprisoned)
3)Is it possible to call someone who for example lives in Germany to appear at a Court in Nicosia?
4)Will the RoC allow the hearings immediately, or will they postpone them for as long as they can?
5)Would the authorities of other EU countries cooperate if a lot of cases end up to arrest warrants? Is it possible we end up having diplomatic problems?

And a final question:

6)Will such actions really stagnate the economy at the occupied or will they just start building on clean TC land?

Oracle · vip

We need a dedicated Court. Somewhere neutral and easily accessible from all parts of the EU. Very Happy

Are the Courts at Nuremberg still available?

bill cobbett · professor

Reh Pyr,

Partial answer to your no.2 ....service of court summons...

In the Orams matter Mr Candounas had them delivered in person to the Lapithos house.

In the other matter involving the Weedons of Canterbury, England and of Occupied Karmi, the writs were delivered by the GB Justice Ministry to the GB address. Mr C has the receipt that the papers were duly served.

It is also poss to deliver court papers over the Internet. Reported on CF in a matter unconnected with CY, where court papers hab been duly delivered on Facebook.

Lit · lecturer

Turkish Cypriot businessman files a lawsuit against the breakaway regime because it allocated to him occupied Greek Cypriot land

http://www.moi.gov.cy/moi/pio/pio.nsf/All/73B015FB563B1BC6C22576C10041734A?OpenDocument

Under the front page title “You deceived me”, Turkish Cypriot daily Afrika newspaper (05.02.10) reports that the Blue Spa Tourism Ltd. (Mavi Kaplica Turism Ltd.) has filed the first law-suit to the so-called courts established in occupied Cyprus on the basis that the company has been allocated property for investments which belongs to the Greek Cypriots.

The paper writes: “Within a short time, the Orams verdict showed its influence among us as well. Citizens, who have been allocated Greek Cypriot property for making investments, stand now in queue for filing lawsuits against the TRNC authorities… The first law-suit was filed from the Blue Spa Tourism Ltd.”

According to the paper, the Director of Blue Spa Tourism Ltd, Sonuc Mertoglu who was encouraged upon his return from Britain to make investments in the occupied territories of the Republic of Cyprus and a plot which belongs to Greek Cypriots was allocated to him for constructing a tourism complex in the occupied Davlos village in occupied Trikomo region, has filed a law-suit to the “courts” in occupied Cyprus on the grounds that he has been deceived.

Mr Mertoglu said: “For our investment plan, we requested a void or a similar ‘government land’ to be given to us. However, we have never requested immovable property which belongs to a private or a legal Greek Cypriot entity or to Greek Cypriot citizens…”

Mertoglu, who worries that in any moment he can be called to face a law-suit similar to the Orams case, has filed a law-suit against the self-styled government, the so-called ministry of finance and the so-called ministry of tourism, environment and culture, the paper writes and adds that Mertoglu was encouraged to make investments in occupied Cyprus by the self-styled government itself.

In order to construct the tourism complex, Sonuc Mertoglu has received 950,000 US dollar loan from the “Development Bank”. For this investment, he has spent approximately 4,5 million pounds Sterling.

The lawsuit was filed to the “court” on 11January 2010.
(ML)

Piratis · Moderator

1) The owner is only one, the Greek Cypriot refugee. The crime committed is the one of trespassing so weather they consider themselves as "owners" or not is irrelevant.

2) There are many ways to do so and it is not required that it is given to their hand.

3) If he lives in Germany it means he is not trespassing, so no. Unless he has done this in the past, in which case yes.

4) I am not sure if the government can postpone court cases. If they can they maybe they will postpone them and wait and see what will happen in the negotiations.

5) There are a lot of such arrest warrants for the more usual crimes that usually don't make the news. Furthermore I don't think there will be a lot of arrest warrants required. Orams was the first warning, a few more will follow soon. When those people will realize that there is no way to escape the law then most of them will settle their cases as soon as they are sued, since dragging the cases longer will only result in bigger losses for them.

However this is just a fraction of the unlimited possibilities opened with the Orams case. With this case we have shown that Republic of Cyprus has the right to prosecute people even for crimes they commit in the occupied areas, and have the ruling of our courts enforced in any other EU country. This doesn't limit us to property cases.

Tim Drayton · professor

boomerang · professor

Oracle · vip

boomerang · professor

SKI-preo · instructor

In situations where it is impractical to effect service you can apply for substituted service.
When an individual party to be served is unavailable for personal service, many jurisdictions allow for substituted service.In Australia it is a discretionary power of the Court which is typically made after attempts to effect service by the usual means using reasonable resources have been unsuccessful. If an application is successful and a grant of substituted service is made the Court will specify a checklist of measures to effect service for example it may involve advertising a legal notice in Newspaper. Perhaps the international express. I have experience pursuing someone who was hiding in a tribe of Aborigines.Some tribal areas are almost a separate country. We had to place an ad in the nearest whiteman's paper. Tribal law and customs are in place. For example criminals may be speared by tribal elders as punishment. It may difficult to place an ad in one of the Cyprus 44 publications.- I suggest the International express would be good enough.