Cyprus-Forum.com

[RAFAELLA]

Xenides-Aresti Vs Turkey

Part of the Press release issued by the Registrar

Decision of the Court
Article 8

The Court observed that the applicant’s situation differed from that of the applicant in the case Loizidou v. Turkey (judgment of 18 December 1996) since, unlike Mrs Loizidou, the applicant had actually lived in Famagusta. Since 1974 she had been unable to gain access to, to use and enjoy her home.

The Court concluded, as it had also found in Cyprus v. Turkey (judgment of 10 May 2001), that the complete denial of the right of the applicant, a Greek-Cypriot displaced person, to respect for her home in northern Cyprus constituted a continuing violation of Article 8.

Article 1 of Protocol No. 1

The Court pointed out that the Turkish Government continued to exercise overall military control over northern Cyprus and that the fact that the Greek-Cypriots had rejected the Annan Plan did not have the legal consequence of bringing to an end the continuing violation of the rights of displaced persons.

The Court further found that the applicant had still to be regarded as the legal owner of her land.

The Court found no reason to depart from the conclusions which it had reached in previous cases, in particular the case Loizidou v. Turkey: “As a consequence of the fact that the applicant has been refused access to the land since 1974, she has effectively lost all control over, as well as all possibilities to use and enjoy her property. The continuous denial of access must therefore be regarded as an interference with her rights under Article 1 of Protocol No. 1 [....] It has not [...] been explained how the need to rehouse displaced Turkish Cypriot refugees in the years following the Turkish intervention in the island in 1974 could justify the complete negation of the applicant’s property rights in the form of a total and continuous denial of access and a purported expropriation without compensation. Nor can the fact that property rights were the subject of inter-communal talks involving both communities in Cyprus provide a justification for this situation under the Convention”.

Accordingly, the Court concluded that there had been and continues to be a violation of Article 1 of Protocol No. 1 by virtue of the fact that the applicant is denied access to, control, use and enjoyment of her property and any compensation for the interference with her property rights.

Read all the information from the ECHR website:
http://www.echr.coe.int/eng/press/2005/ ... 221205.htm

[Piratis]

The Court pointed out that the Turkish Government continued to exercise overall military control over northern Cyprus and that the fact that the Greek-Cypriots had rejected the Annan Plan did not have the legal consequence of bringing to an end the continuing violation of the rights of displaced persons.

[Viewpoint]

The Court considered that Turkey had to introduce a remedy which secured, in respect of the Convention violations identified in the judgment, genuinely effective redress for the applicant as well as in relation to all similar applications pending before the Court, in accordance with the principles for the protection of the rights laid down in Article 8 and Article 1 of Protocol No. 1. Such a remedy should be available within three months and redress should occur three months after that.

Interesting, does the new property law passed in the TRNC count as remedy for 1401 cases to be redirected from the EHCR to TCs+2 Foreigners? being the new commission.

[Agios Amvrosios]

A court statement called her case an example of "a widespread problem affecting large numbers of people; i.e., the unjustified hindrance on the applicant's 'respect for her home' and 'peaceful enjoyment of her possessions' which is enforced as a matter of policy or practice in the 'Turkish Republic of Northern Cyprus.'"

The judges "could not ignore the fact that there were already approximately 1,400 property cases pending before the court brought primarily by Greek Cypriots against Turkey," the statement said.

The property commission will just prolong the inevitable if it makes hack decisions. Unsatisfied applicants are entitled to apply to ECHR where decisions are just a way of attempted to legalise ethnic cleansing.

[Viewpoint]

A court statement called her case an example of "a widespread problem affecting large numbers of people; i.e., the unjustified hindrance on the applicant's 'respect for her home' and 'peaceful enjoyment of her possessions' which is enforced as a matter of policy or practice in the 'Turkish Republic of Northern Cyprus.'"

The judges "could not ignore the fact that there were already approximately 1,400 property cases pending before the court brought primarily by Greek Cypriots against Turkey," the statement said.

The property commission will just prolong the inevitable if it makes hack decisions. Unsatisfied applicants are entitled to apply to ECHR where decisions are just a way of attempted to legalise ethnic cleansing.

Will you and other GCs apply to this property commission in the TRNC?
Do you now have any other option? or will you be declared a traitor the moment you apply? Do you care?

[Kifeas]

A court statement called her case an example of "a widespread problem affecting large numbers of people; i.e., the unjustified hindrance on the applicant's 'respect for her home' and 'peaceful enjoyment of her possessions' which is enforced as a matter of policy or practice in the 'Turkish Republic of Northern Cyprus.'"

The judges "could not ignore the fact that there were already approximately 1,400 property cases pending before the court brought primarily by Greek Cypriots against Turkey," the statement said.

The property commission will just prolong the inevitable if it makes hack decisions. Unsatisfied applicants are entitled to apply to ECHR where decisions are just a way of attempted to legalise ethnic cleansing.

Will you and other GCs apply to this property commission in the TRNC?
Do you now have any other option? or will you be declared a traitor the moment you apply? Do you care?

The property commission that the ECHR will accept as a remedy mechanism will not be under the jurisdiction of any "TRNC" "government," because such a thing doesn't exist. It will be directly under the jurisdiction of Turkey, as the occupying country.

I will personally go to such a committee, because it will be a required preliminary step, before going to the ECHR. Simultaneously with applying to this committee in the north (under Turkey's jurisdiction because "TRNC" doesn't exist,) I will also apply to the ECHR, so that I do not lose valuable time after I will get the result from the committee in the north. By the time the ECHR examines my application, the verdict of the committee will be ready (supposedly) and then I say to the ECHR that I went to it and the result was not satisfactory, therefore I want you to pass Turkey from the usual trial for violating my human rights.

Do you now understand Viewpoint??

[Alexios]

Are you sure one can apply simultaneously??!!!!!

[Viewpoint]

A court statement called her case an example of "a widespread problem affecting large numbers of people; i.e., the unjustified hindrance on the applicant's 'respect for her home' and 'peaceful enjoyment of her possessions' which is enforced as a matter of policy or practice in the 'Turkish Republic of Northern Cyprus.'"

The judges "could not ignore the fact that there were already approximately 1,400 property cases pending before the court brought primarily by Greek Cypriots against Turkey," the statement said.

The property commission will just prolong the inevitable if it makes hack decisions. Unsatisfied applicants are entitled to apply to ECHR where decisions are just a way of attempted to legalise ethnic cleansing.

Will you and other GCs apply to this property commission in the TRNC?
Do you now have any other option? or will you be declared a traitor the moment you apply? Do you care?

The property commission that the ECHR will accept as a remedy mechanism will not be under the jurisdiction of any "TRNC" "government," because such a thing doesn't exist. It will be directly under the jurisdiction of Turkey, as the occupying country.

I will personally go to such a committee, because it will be a required preliminary step, before going to the ECHR. Simultaneously with applying to this committee in the north (under Turkey's jurisdiction because "TRNC" doesn't exist,) I will also apply to the ECHR, so that I do not lose valuable time after I will get the result from the committee in the north. By the time the ECHR examines my application, the verdict of the committee will be ready (supposedly) and then I say to the ECHR that I went to it and the result was not satisfactory, therefore I want you to pass Turkey from the usual trial for violating my human rights.

Do you now understand Viewpoint??

Did you talk with the ECHR? have you got a direct line?, I believe you have to exaust all local remedies, which if this new 7 man committee (with 2 foreigners) that is currently being formed is considered a remedy then you have to apply first get your result be it positive or negative ( Im pretty certain many GCs will accept compensation, hard cash always superceeds politics ) and then you will be able to go to the ECHR. But in your case Kifeas, you will faced with the dilema of accepting compensation as your land has been utilized to a point of no return or alternative location plus compensation or ECHR. The choice is yours.
But imho opinion, applications will be accepted and many will be put on hold until a solution is found, similar to whats happeneing in the south. There will be a guardian to look after your properties until a solution is found. Then GCs will have the right to apply to the ECHR just like TCs can do today.

Interesting developments, lets see how it evloves.

[sadik]

A court statement called her case an example of "a widespread problem affecting large numbers of people; i.e., the unjustified hindrance on the applicant's 'respect for her home' and 'peaceful enjoyment of her possessions' which is enforced as a matter of policy or practice in the 'Turkish Republic of Northern Cyprus.'"

The judges "could not ignore the fact that there were already approximately 1,400 property cases pending before the court brought primarily by Greek Cypriots against Turkey," the statement said.

The property commission will just prolong the inevitable if it makes hack decisions. Unsatisfied applicants are entitled to apply to ECHR where decisions are just a way of attempted to legalise ethnic cleansing.

Will you and other GCs apply to this property commission in the TRNC?
Do you now have any other option? or will you be declared a traitor the moment you apply? Do you care?

The property commission that the ECHR will accept as a remedy mechanism will not be under the jurisdiction of any "TRNC" "government," because such a thing doesn't exist. It will be directly under the jurisdiction of Turkey, as the occupying country.

I will personally go to such a committee, because it will be a required preliminary step, before going to the ECHR. Simultaneously with applying to this committee in the north (under Turkey's jurisdiction because "TRNC" doesn't exist,) I will also apply to the ECHR, so that I do not lose valuable time after I will get the result from the committee in the north. By the time the ECHR examines my application, the verdict of the committee will be ready (supposedly) and then I say to the ECHR that I went to it and the result was not satisfactory, therefore I want you to pass Turkey from the usual trial for violating my human rights.

Do you now understand Viewpoint??

I think the following paragraph from the ECHR's assessment in the Louzidou case is the key. Here the court is giving the example of the administration South Africa set up in Nambia after occupying the country. In this case, the Security Council granted a certain degree of legitimacy to this administration in areas such as issuing of documents of birth, death and marriage and in other areas to a degree that the administration affects the lives of the people living in the area. A certain level of legitimacy has to be granted even to internationally unrecognized states, because these administrations are also affecting peoples lives. So there are levels of recognition. It's not correct to say that there is no international legitimacy in any of the decisions made by a TRNC organ. At the same time it would be a gross exaggeration to claim that this degree of legal recognition may lead to international recognition.

45. The Court confines itself to the above conclusion and does not
consider it desirable, let alone necessary, in the present context to
elaborate a general theory concerning the lawfulness of legislative and
administrative acts of the "TRNC". It notes, however, that
international law recognises the legitimacy of certain legal
arrangements and transactions in such a situation, for instance as
regards the registration of births, deaths and marriages, "the effects
of which can be ignored only to the detriment of the inhabitants of the
[t]erritory" (see, in this context, Advisory Opinion on
Legal Consequences for States of the Continued Presence of South Africa
in Namibia (South West Africa) Notwithstanding
Security Council Resolution 276 (1970),
[1971] International Court of Justice Reports 16, p. 56, para. 125).

[Piratis]

So lets assume that these "courts" will function and they turn decisions different than the ones of ECHR. Then the people take their cases to the ECHR and obviously win. Then what? How many wrong decisions will be tolerated by these pseudo courts? After 3-4 cases it will become apparent that these "courts" are not there to serve justice but to serve the interests of the occupying force.

As Akitzi said some days ago these courts were created to buy Turkey some time and for nothing more.