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ECHR Decision, what does it mean?

How can we solve it? (keep it civilized)

Postby B25 » Sat Mar 06, 2010 12:05 pm

vaughanwilliams wrote:
B25 wrote:
saurkraut wrote:What it is saying is that once the biased RoC has made its expected desision and goes crying to a UK court to enforce its findings the UK court can NOW tell you to sod off and use the European approved IPC. You lot took the money now you are finding that Europe really are pretty tired of your petulance and dummy spitting tantrums and expect you to sort out your own shit, and grow up and smell the coffee. You dudes have been put back in your box and no mistake, who is laughing now eh????


I wondered when the sourcunt was going to return with his boolocks.

Anyway here is what the cheapskates are saying on the darkside. They are rejoicing in their own jizz with this decision.

http://www.cyprus44.com/forums/31825.asp

They thik that Turkey gives a shit about them, and I wait the day when we will be marching those MFs into the sea.

Oh have you also seen them crying over the Genocide resolution. My god you'd think they were turks hurting for their mother land, rather a bunch of gutter crap yobs. I hope they all go to hell.


"They are rejoicing in their own jizz with this decision."
Not the way I read the posts, they aren't. I would say it is being received as welcome news and a change from the usual bad news.
Most folks on Cy44 are not bitter and twisted minded people who revel in news that is good for some, bad for others, unlike some on this forum.


Rubbish, you of all people (as you are one of the guilty) should know, just look at your bum chums on NCFP and see the venom spewed there on the GCs. You mock, ridicule, insult and humiliate the GCs. Same goes on C44. So don't you dare tell me they don't rejoice.

Anything against the GCs ahd you are all out partying, and its not as if the 'TRNC' is even your country. So, away with your utter bollocks Vaughn you are the biggest offender in my eyes.
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Postby BOF » Sat Mar 06, 2010 12:20 pm

as published in todays Cyprus Mail - cuts through all the political and legal jargon..

THE EUROPEAN Court of Human Rights yesterday recognised the Immovable Property Commission (IPC) in the occupied areas as an effective domestic remedy of Turkey.

As a result of the landmark ruling, Greek Cypriot refugees seeking compensation or restitution for their properties in the occupied areas will now have to exhaust all domestic remedies in the occupied areas before applying to the ECHR in Strasbourg.

Up until yesterday, Greek Cypriot refugees had bypassed the occupied areas on the grounds that there was no effective remedy there.

The ECHR decision is final and not subject to any appeal to either the court or any other body.

Although the decision is sure to be perceived as a huge blow to the Greek Cypriot side and a political win for the Turkish Cypriot side, the ECHR reiterated its position that the ‘TRNC’ has no legal standing and that Turkey in terms of human rights is responsible for violations in the northern part of the island.

In fact, the decision is also a “de-recognition” of the ‘TRNC’ by Turkey, said the lawyer Achilleas Demetriades representing three of the eight cases.

Demetriades based his comments on the decision that “the Turkish government no longer contested the responsibility under the Convention for areas under the control of the ‘TRNC’. They have, in substance, acknowledged the rights of Greek Cypriot owners to remedies for breaches of their rights under Article 1 of Protocol No. 1”.

Speaking to reporters at a news conference to announce the ECHR decision, Demetriades said the only question was whether refugees wanted to go to Turkey to claim their property rights.

“The remedy is Turkish. You don’t have to go, you can wait for a political solution,” he said.

Demetriades was referring to a passage in the 44-page decision regarding this point.

According to the ECHR “this decision is not to be interpreted as requiring that applicants make use of the IPC.

“They may choose not to do so and await a political solution.”

The lawyer said: “The message is clear. It is not about recognising the TRNC… The occupied parts in terms of human rights is Turkey.”

In the past, Turkey had washed its hands of the occupied areas and attributed any violations of human rights on the ‘TRNC’, which only she recognised, but now Ankara had changed its position on the issue and accepts that it is responsible for the violations and she therefore has to provide the domestic remedy, said Demetriades.

Up until yesterday’s decision Greek Cypriots had applied directly to Strasbourg on the grounds that there was no domestic remedy in the occupied areas.

“Now there is,” said Demetriades. “The European court will only intervene when all domestic remedies are exhausted.”

The lawyer said the ECHR decision in essence holds Turkey responsible for any violations of Greek Cypriot human rights and Turkey has accepted any violations as her own.

“This is new. Now it [the Court] clearly repeats that the TRNC does not exist. And now only Turkey is in the occupied areas,” he said.

“Essentially nothing changes in the road to Strasbourg except up until now people used to go straight to Strasbourg. Now the court said there is a Turkish domestic remedy that needs to be exhausted.”

In other words, refugees would first have to apply to the IPC. If the remedies offered are unsatisfactory, refugees would then have to apply to the High Administrative Court in the occupied areas as a matter of appeal. Again, if the remedies are unsatisfactory, only then could they apply to the ECHR.

The decision assessed the IPC’s legality and effectiveness and found that it was both a legal and effective remedy, he said.

Demetriades said the decision should come as no surprise and had been stated in past decisions but that some parties had chosen to ignore it.

He said this was not the first time Turkey had been up against similar cases and referred to the 1989 cases of Protopapas and others concerning the arrests in the Ayios Kassianos area where the ECHR did not consider the arrest, detention, trial and sentence of Greek Cypriots as illegal.

The decision also referred to applications to the IPC by refugees who had only lived in their properties for two years before the 1974 invasion. According to the ECHR, such refugees had no right to make a claim because they had not lived in their occupied properties long enough and therefore that did not qualify as a home.
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Postby vaughanwilliams » Sat Mar 06, 2010 12:24 pm

B25 wrote:
vaughanwilliams wrote:
B25 wrote:
saurkraut wrote:What it is saying is that once the biased RoC has made its expected desision and goes crying to a UK court to enforce its findings the UK court can NOW tell you to sod off and use the European approved IPC. You lot took the money now you are finding that Europe really are pretty tired of your petulance and dummy spitting tantrums and expect you to sort out your own shit, and grow up and smell the coffee. You dudes have been put back in your box and no mistake, who is laughing now eh????


I wondered when the sourcunt was going to return with his boolocks.

Anyway here is what the cheapskates are saying on the darkside. They are rejoicing in their own jizz with this decision.

http://www.cyprus44.com/forums/31825.asp

They thik that Turkey gives a shit about them, and I wait the day when we will be marching those MFs into the sea.

Oh have you also seen them crying over the Genocide resolution. My god you'd think they were turks hurting for their mother land, rather a bunch of gutter crap yobs. I hope they all go to hell.


"They are rejoicing in their own jizz with this decision."
Not the way I read the posts, they aren't. I would say it is being received as welcome news and a change from the usual bad news.
Most folks on Cy44 are not bitter and twisted minded people who revel in news that is good for some, bad for others, unlike some on this forum.


Rubbish, you of all people (as you are one of the guilty) should know, just look at your bum chums on NCFP and see the venom spewed there on the GCs. You mock, ridicule, insult and humiliate the GCs. Same goes on C44. So don't you dare tell me they don't rejoice.

Anything against the GCs ahd you are all out partying, and its not as if the 'TRNC' is even your country. So, away with your utter bollocks Vaughn you are the biggest offender in my eyes.


I must admit that there is plenty of mocking, ridicule and insulting on the TRNC boards, but then you guys invite it with your ridiculous dogmatic regurgitation of the same old cobblers. Having said that, I was told that this kind of vigoruos exchange was part of the Cypriot way of debating/arguing, so we are only falling in line with the local custom. :lol:
I can't let the venom jibe go though as when it comes to hateful venom and name calling, we can't hold a candle to some of you and yours. :roll:
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Postby EricSeans » Sat Mar 06, 2010 12:36 pm

Oracle wrote:
CBBB wrote:Don't bother arguing with MiserableGerman, he obviously doesn't understand the finer points of the precedents set.


CBBB, he's not German. Have a closer look at his choice of words e.g. calling me "hen".

So, he's a 6ft tall Scot.


Well sussed. He brings shame on his country given Scotland's history of repression and forced evictions from a larger bullying neighbour. Shouldn't take long to find out who the lowlife is.

:twisted:
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Postby vaughanwilliams » Sat Mar 06, 2010 12:40 pm

6ft tall Scot. That must narrow it down to a few million. Easy to find out who he is.
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Postby EricSeans » Sat Mar 06, 2010 12:51 pm

vaughanwilliams wrote:6ft tall Scot. That must narrow it down to a few million. Easy to find out who he is.


Not really, Vaughan. There's only a handful of Scots active on the North forums. I doubt it's any of the women and it's certainly not Jock or Jim who don't have it in them to speak like that. "Rowlo" Les and Jay 76, while thugs, can't write half decent English (unless someone's been helping them). Girne 29 is a strong suspect at the moment, but there's a couple of other possibilities. :wink:
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Postby vaughanwilliams » Sat Mar 06, 2010 1:30 pm

EricSeans wrote:
vaughanwilliams wrote:6ft tall Scot. That must narrow it down to a few million. Easy to find out who he is.


Not really, Vaughan. There's only a handful of Scots active on the North forums. I doubt it's any of the women and it's certainly not Jock or Jim who don't have it in them to speak like that. "Rowlo" Les and Jay 76, while thugs, can't write half decent English (unless someone's been helping them). Girne 29 is a strong suspect at the moment, but there's a couple of other possibilities. :wink:


I don't know where you get your info from, but jay76 on Cy44 is known to me personally and he is neither a Jock nor a thug.
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Postby Kifeas » Sat Mar 06, 2010 1:54 pm

Whether anyone likes to accept it or not, yesterday's ECtHR on the case of Demopoulos and Others vs. Turkey, and the IPC commission, is a pure politically motivated disgrace. It is a disgrace for Europe, the CoE and human rights. I do not know yet with what number of votes it was adopted, but its conclusions are pathetic.

It basically says that, no matter if an illegal invasion, illegal occupation, ethnic cleansing, illegal colonization, property usurpation and looting took place; it is okay as long 35 years pass. Properties may not be returned for any (unspecified and completely generalized reasons,) including taking into consideration occupying power's military "difficulties" and the "rights" of (any) current users, regardless of the illegal conditions and circumstances under which they are using /occupying the properties of expelled GCs. The decision not only legitimizes illegal colonization and usurping of properties, but it also opens the doors for a further one, as long as the "right" number of years will pass. It is an impossible decision, made possible only in order to serve Turkey's political agendas in Cyprus. I was personally expecting that the pending cases in the ECtHR would have eventually been forwarded to the "IPC," but never expected the issue to be accompanied with such a disgraceful and politically motivated ruling, that would have essentially given a blank check to the invading and occupying power.

The cold war however, is not over yet. We should from now on ignore the CoE and the "ECtHR," and concentrate on the political leverage we have gained since 2004, being an EU member state. Another possible option, using its EU leverage, is for the RoC to force Turkey to the ICJ of the Hague -as a condition to its EU accession process, for its illegal invasion, occupation and colonization of 37% of its (RoC) territory. Furthermore, we should now make a much more aggressive use of the road that has been opened by the Apostolides vs. Orams case, against individual trespassers, through the RoC courts. That is the only option the ECtHRs has left to us, for defending our individual human rights.
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Postby DTA » Sat Mar 06, 2010 2:06 pm

What this actually means for all the gc that lost land, is that you have a legally recognised effective way of either getting the return of your land compensation for it, exchange or a mixture of all three,

this is great for gc refugees, don't buy in to the nationalist bullshit - why should you suffer and be deprived of what is yours while the politicians serve their own purposes and can't agree to anything after 35 years of talks.

If there was anything like this in the south I would definately take the issue of my familys property up with them
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Postby Oracle » Sat Mar 06, 2010 2:12 pm

Maybe the Turkish judge in the line-up, was too instrumental in this decision. :roll:

Still, we were warned by our Kurdish brothers-in-arms just over a month ago about the suitability of so much Turkish influence in the CoE:


Turkey's Kurds caution Council of Europe's new president

Sun Jan 24, 2010

ISTANBUL (Reuters) - Turkey's main pro-Kurdish party on Sunday urged the Council of Europe to maintain its commitment to political rights after the likely election this week of a member of Turkey's ruling party as its assembly's new president.

Mevlut Cavusoglu is the only candidate for president in an election on Monday at the Strasbourg-based Council of Europe's assembly.

Kurdish lawmakers last week applied to the council's European Court of Human Rights against a December ruling by Turkey's top court that banned their Democratic Society Party (DTP) on charges it maintains links with Kurdish rebels, said Hasip Kaplan, a parliamentarian who belonged to the DTP.

"If Cavusoglu is to represent the Council of Europe, his role will require him to take heed of the Council of Europe's political criteria," Kaplan said in an e-mailed statement.

Kaplan questioned Cavusoglu's suitability for the job, saying the ruling AK Party has violated the constitutional rights of the DTP's successor, the Peace and Democracy Party, by blocking its membership in parliamentary commissions.

Prime Minister Tayyip Erdogan, who has criticised the ban against DTP, has vowed to expand Kurdish rights to meet European Union membership standards and end a 25-year war with the Kurdistan Workers Party (PKK) that has killed 40,000 people.

The EU last month said it was "concerned" about the DTP closure and said the Turkish government must amend the constitution to meet the Council of Europe's standards that make banning political parites more difficult.

Turkey has outlawed some 25 political parties since 1960. In 2008, Erdogan's Islamist-rooted AK Party narrowly escaped a ban on charges it was seeking to undermine the country's secular constitution.


http://in.reuters.com/article/worldNews ... 3120100124
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