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Home arrow newsitems arrow CoE Questions Turkey on UnLawful Exploitation of Cyprus Refugees'Property+Warns Measures in 9 Months

CoE Questions Turkey on UnLawful Exploitation of Cyprus Refugees'Property+Warns Measures in 9 Months

Written by ACM
Friday, 08 December 2017
coe_committee_of_ministers_lobby_room_eurofora_400


*Strasbourg/Angelo Marcopolo/- 47 Member States-strong (including Russia) CoE's Top Political Body, its Committee of (Foreign) Ministers, officialy Raised Questions to Turkey about "Complicity" to "UnLawful Sales and Exploitation" of "Greek Cypriot" Refugees' "Homes and Properties" in the "Part of Cyprus" which is still Occupied by Ankara's Foreign Army, 43 Years after the 1974 Turkish Military Invasion of the now EU Member Country's Northern Territories, and Warned the Turks with "Measures", if they do Not "Address the Issue" in 9 Months Time, i.e. Before "September 2018".


    + Meanwhile, in Addition, the PanEuropean Organisation for Human Rights, Democracy and Rule of Law's Ministers also "Firmly Insisted, once again, that the Obligation to Pay the Just Satisfaction Awarded by the European Court, is UnConditional", and Called "the Turkish Authorities" to tell what "Steps" they took "for the Payment" due since several Years.


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    >>> It's Already during More than ... 35 Years Now (1992-2017 !), Starting as Early as since 1992, that the PanEuropean/International Community has been officially informed by the CoE, inter alia, also for Massive and Continuous Violations of Human Rights of Greek Cypriot Refugees/Displaced Persons, obliged to Flee the Turkish Military Invasion/Occupation of the Northern part of the Island since 1974, (i.e. about 20% of the Total Population of the Country), when the PanEuropean Organisation's Committee of Ministers authorized, for 1st Time, the Publication, in Strasbourg, of a "Hot" Report with the Conclusions of the European Committee on Human Rights, (which was, then, Key part of ECHR's Mechanism), that had, in fact, been Adopted since the 1980ies, (but held "Secret" until 1992, by the Opposition of a Turkish lobby)...  


    + Followed ECHR's landmark Judgements Condemning Ankara's Government on 1994-1998, initially at the individual Case of a Woman Refugee/IDP, Tina Loizidou, (Comp. Loizidou's statements to "Eurofora"s co-Founder, Published then at "TCWeekly" or "PIO/CNA"), and afterwards at the InterState case "Cyprus v. Turkey" of 2001, concerning also All G//C Refugees/IDPs, (Following an Historic, 1st ever, Public Hearing of the Parties in Strasbourg on 1994 : See "Eurofora" Co-Founder's Publication from the spot, then at "PIO/CNA").


    Since then, and After Various Other ECHR's Judgements on Similar Cases, particularly between 2006 - 2010/2013, concerning Mainly the Concrete Ways through which this Strasbourg Court's case-law should be Applied in real Practice, (which had, Meanwhile, become also an International Legal Standard, as attested, among others, also by the Landmark Report of UNO's Expert, Professor Pineiro, published by the UNCHCRefugees, Together with the UNHCHRights and UNSGeneral at nearby Geneva : Comp. "Eurofora" UN Top Legal Expert Pineiro's Statements to "Eurofora"s co-Founder, Published then at "TCWeekly": ... + ..., etc), ECHR's Great Chamber issued its Latest Important Judgement on this Issue on Spring 2014, when Euro-Judges mainly Denounced Strongly "Any ...COMPLICITY in Any  UnLawful Sale and Exploitation of Greek Cypriot Homes and Property in the northern part of Cyprus", as long as the still Continuing, Massive Violations by Turkey of Refugees/Displaced Persons' rights had Not Ceased, (See, "Eurofora"'s NewsReport  at : ...).


    >>> Today, this key Point is officially at the Base of CoE's Committee of Ministers' Latest Decision on that Issue, Published Now, which Also Reminds the Fact that the above-mentioned, Landmark ECHR 2014 Judgement clearly says that "Any" such "possible Permission, Participation, Acquiescence or Otherwise Complicity" in that delicate matter, is blatantly "Not Consistent" with "the Conclusions of the Main (ECHR) Judgement(s)", on GreekCyriot Refugees/IDP, and particularly its 2001 Judgement (Comp. Supra).


    Indeed, during all this time (1992-1994-2001 - 2017), as it was Denounced officially Earlier by the Government of Cyprus, in a Memorandum send to -and Published by- the CoE on December 2017, "Turkey has peristently failed and refused to take measures to suppress the unlawful sale or exploitation of Greek Cypriot Homes and property in the Occupied areas", where, "because of the Continuing Denial of Access to their properties, the Displaced persons have Lost all Control over, as well as the Possibilities to enjoy their land", by a "physical Exclusion of Greek Cypriots" from the Territories Invaded and Occupied by Ankara's Military :


    => Thus, "the Extent of the Illegal (Economic/Estate) Development of (Violently Usurpated) Property in the Occypied Areas, in Recent Years (2001 to 2007) has been on the Rise", reminded nowadays Cyprus, citting also relevant "Evidence of this", Already "Previously .. submitted ... to (CoE's) Committee" of Ministers, as well as the Fact that "its Accuracy has Not been Disputed".


    - F.ex., among others, the Extent of that "illegal development in the Occupied areas covered, approximately, 107 sq. KM" "in 2001", and it was Doubled : "207 sq. KM" "in 2007", "and 270 sq.KM" "in 2014". It "includes at least 85 Large and Medium scale Major (Economic/Estate) Developments", "as Evidenced by the relevant Certificates of Registration".


    + Moreover, "Data Collection and Articles in the Turkish Cypriot Press, Also show that Land Distribution to family members of Turkish Cypriot Politicians, the construction of Luxury Hotels, Land Distribution for Universities, and Large-Scale Concessions to Young Landless persons" are Continuing in Parallel, that officially communicated by the CoE text recalls.


    => So that, by adding also all this, through the Persistance of such Massive Human Rights Violations of G/C. Refugees/IDP, there is even a Threat to provoke Negative Political Consequences, because, in Fact, "Turkey is Attempting to Create an Irreversible "de facto" Situation, Permanently Obstructing the Return to Greek Cypriots of their properties in the Occupied Areas of Cyprus", it concludes.


    The Way in which such a Threat operates in real practice, was Spectacularly Reminded, these Same Days, also by a Demonstration of young Cypriot Students, during the Visit of Turkey's President Erdogan in Athens, which had Chosen, as Unique Moto to call Against the notoriously Massive Import of Turkish "SETTLERS" from Anatolia in the Occupied Territories of Cyprus, (See relevant Photo), who are generally known as usually being the No 1 illegal Foreign Migrants' Group, to whom are reportedly Given also several Usurpated Greek Cypriot Refugees/IDPs' Homes and/or Other Properties, in Addition even to illegal "Passports" Massively attributing so-called "Citizenship" :


    A Thorny Issue against which, Already in the Past, Both CoE's Committee of Ministers, and CoE's Parliamentary Assembly, had adopted Decisions Warning that such attempts to "Alter the Demography" of the Island, (Against which, notoriously struggled even the Turkish Cypriot Dissident Journalist Kutlu Adali, who was Brutaly Murdered in the 1990ies, resulting in a Condamnation of Turkey by ECHR on 2004), Risk to Provoke even an additional "Political Obstacle" to a Peacefull Agreement for a real ReUnification of Cyprus in the Future, (by Artificially and illegaly creating a Group of - Foreign Origin- Population with obvious Interests to Perpetuate the Division of the Country, and, finally, its Partition, in one way or another).


    In Front of that, Turkey Focused its Claims mainly into Seeking to Limit, directly and/or indirectly, the Greek Cypriot Refugees/IPDs' Human Rights, more or less, Only on a partial Financial "Compensation" for what they called "Loss of Use", through a Controversial "Committee" that Ankara's protegées set up, and Unilaterally Control, in the Territories of Cyprus Occupied by Turkey's Military, while, in Addition, excessively Restricting or even Excluding the "Restitution" of Refugees/IDP's Family Homes and other Private Properties.


    + Moreover, Ankara went as Far as to dare Claim, also nowadays, (by their "Note" communicated in Strasbourg this Month) that CoE should (in their view) even ... "STOP" Monitoring the Implementation of ECHR's Judgements which have repeatedly Condemned Turkey for such (a.o.) Massive Violations of Human Rights in Cyprus, irrespectively of the Fact that almost all such ECHR's Decisions have Not Yet been Implemented, and almost all concerned Victims are Still Suffering from - and Exposed to- such Massive Human Rights' Violations !   


----------------------------


    >>> But CoE's Top Body, its Ministerial Committee, concluding its Human Rights' Session of Winter 2017, this Week in Strasbourg, Rejected such Turkish Claims, by Asking, on the Contrary, from Ankara's Authorities to Give to the CoE "Information" on How might, eventually, be "Adressed", or not, "the Issue of Possible UnLawful Sale and Exploitation of the Properties in question", as it is stated in the relevant CoE's Decision, which has just been just published.


    In particular, CoE's Top Political body, its Ministrial Committee, (which has the Duty to "Supervise" the Execution of ECHR's Judgements by the Condemned States), officially Raised Questions about the uncertain "Effectiveness" of the "Existing ... Mechanism(s)" in the Occupied Territories of Cyprus, still held by Ankara's Foreign Invasion/Occupation Army, and its "Practical Implementation" in reality.


    + Also, CoE Warned Turkey that it intends "to Assess", on the basis of relevant Facts, the "Need for Further Measures", that might prove necessary to Explicitly Ask Ankara to Take.


    In this regard, Cyprus has already suggested to the CoE,  a relevant Series of possible Practical Measures, that Turkey could and should Take in order to Comply with the above-mentioned ECHR's Judgements repeatedly Condemning Ankara for Massive and persisting Violations of Greek Cypriot Refugees/IDPs' Human Rights, (and, especially, ECHR's 2014 Finding : Comp. Supra), according to a relevant Note officialy published this week by the CoE in Strasbourg :


    - F.ex., inter alia :


* "Cease <<Transferts>> (including, but not limited to <<Sales>>, <<Leases>> and <<Mortgages>>) of Displaced Person's Properties, withOut their Consent";


* "Cease encouraging or promoting the Sale and/or Use of Greek Cypriot Properties, in the Occupied Areas of Cyprus, withOut their Consent";


* "Halt all Constructions on Greek Cypriot Properties, in the Occupied areas, carried out withOut the Consent of the Lawful property Owners";


and, in parallel, naturally "Pay the Amounts awared by the (PanEuropean) Court in its ... Judgement of 12 May 2014", (Comp. Supra), for the Damages Already Inflicted to the Victims until then.


----------------------------------------


    + Last, but not least, by Fixing the above-mentioned Time Deadline of 9 Months, until "September 2018", CoE's Top Political Body, in Fact, gave to itself a Potentially Valuable Legal and Political Tool in order, also, to Help exert some Beneficial Pressure Towards an eventual Resumption of UNO-sponsored Talks for establishing Peace and ReUnification of Cyprus in the foreseable Future, since that Time-laps includes the forthcoming, crucial Presidential Elections in Cyprus, scheduled for the Beginning of Next Year.


    The Latest Deadlock witnessed at nearby Switzerland, earlier this year (2017), despite some notable Progress previously, mainly because of Ankara's Reluctance to Withdraw its Occupation Army when a Solution might have been agreed, and Turkey's persistent Claim to have a possibility for even more Unilateral Military Interventions during an Endless Future, under that or that Pretext, which has Blocked the Process, has, indeed, in the Meantime, been Exploited by some Turkish Politicians in order to either Threaten a Definite End of that Peace Process, and/or to Ask for even More Political Concessions, Threatening to Worsen, instead of Easing the current situation.


    So that even a simply Human Rights' issue, might, eventually, Help also for Peace and ReUnification, in a possible Solution of the Cyprus Issue, according to EU/CoE and UNO's Basic Values and Legal Principles.

 

(../..)

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 sarko_merkel_mieux

The official presentation of a "Program" respecting People's choices voted in the June 7, 2009 EU Elections, to be debated in EU Council and EU Parliament during its 1st Session on July in Strasbourg, is the No 1 Priority, according to Democratic principles, for the Franco-German axis, said the main winners at the ballot box, French President Nicolas Sarkozy and German Chancellor Angie Merkel.

They stressed  that the New EU Commission's President must have a "Program" in favor of an EU which "protects" its Citizens, regulates financial markets and aims at a "Political" Europe" : a wording they have used as incompatible with Turkey's controversial EU bid.

They also declared ready for a "political" endorsment of "Mr. Barroso's candidacy" in June's EU Council, considering that an official decision would have to be made after EU Parliament's debates and votes, possibly from next month (July), with the legally necessary final acceptance shortly after Lisbon Treaty's entry into force, hoped for September or October.


- "A Program, and Mr. Barroso" : This resumes, in substance, the anouncements made by Sarkozy and Merkel, on the question of current EU Commission's President, Barroso's declared wish to succeed to himself for a second mandate, to be extended during the following 5 years.

 In their 1st meeting after EU Elections, they observed that "the Franco-German axis counted in European Elections' campaign... But, we both keep a realistic view : We saw the number of those who abstained, and we must absolutely give them an answer. We also see the disilusionment of an important number of Europeans vis a vis Europe, and we are aware of the responsibilities we have".

sarko

 - The "Duty" of the new EU Commission's President, after June 7, 2009 EU Elections' result, "is to act for a Europe which protects the Europeans, to commit himself into working for a better Regulation of Financial transactions, ... and to have a Political will for Europe", underlined Sarkozy.

Therefore, "we have asked M. Barroso... to clarify, to officialy present the intentions he has", he anounced.

- "We want to speak also about the Programme", explained Merkel.

- "It's important that for the next EU Parliament's mandate (2009-2014) we take the right Decisions for Europe.  Obviously on Persons, but mainly Decisions on Issues", she stressed.

- "It's not simply a question of a Person, it's also a question of a Programme". We are "really asking Mr. Barroso to commit himself on a Program, and on Principles, on Values", Sarkozy added.

EU President-in-office, Czech Prime Minister Jan Fischer, accepted the Franco-German stance :

- "Barroso must present his Programme. The Czech Presidency agrees with that", Fischer reportedly said later, after meeting Sarkozy.

But Press reports from Brussels claimed that Barroso had preferred to be officially appointed by EU Council since June, (i.e. next week), "because this was implied by the current Treaty of Nice, according to him", and considered any delay until the possible ratification of the new, Lisbon Treaty on September/October, as "undemocratic".

- "At any case, independently of what Germany and France ask, it's also EU Parliament's wish". "We shall propose Mr Barroso's candidacy... But even in the framework of Nice Treaty, EU Parliament has to be associated in this Decision", the French President observed.

If this is correctly done, then "we support Mr. Barroso's candidature", and "if the (EU) Parliament agrees, we might ratify this decision since July", (i.e. next month), they both said.

smerkem_400

- "France and Germany support Baroso's candidacy, But we want to speak also on the Program. We believe that this Program should be established in close cooperation with EU Parliament, and that's why we have followed an appropriate way", said Merkel.  - If EU Parliament wants, this election can take place on July,  but this must be done in full agreement.

- "We shall support Mr. Barroso's candidacy, without doubt", said Sarkozy. "But we have asked from Mr. Barroso, as I told him yesterday, to put into detail.. his intentions, at the eve of his 2nd mandate, if the situation avails itself.


    France and Germany "don't want to take an Official Legal Decision by writting" during "the next (EU) Council" (on June 18-19), declared Sarkozy.  Because they prefer, at this stage, only "a Political decision" on June, "so that we (EU Council) can work together with EU Parliament", which starts to meet only Next Month, since July in Srasbourg, "leaving a Legal decision by writting for later".

    - "If the Conditions are fuillfiled in EU Parliament, we (EU Council) are ready to give the agreement and make it offficial", said Merkel

    - "But, now we are working in the base of Nice Treaty. If tommorow we want to work in the spirit of Lisbon Treaty, we have to find a proper way", she added.

    - "Of course it's Legally complicated, because we are going to make a Political proposal to the forthcoming Council, for an EU Commission's President, on the basis of Nice Treaty : So, we (EU Council) will not appoint the Commissioners. Only the President.  If EU Parliament agrees, it could endorse this position on July", explained Sarkozy.

    But, on Autumn, "if Ireland ratifies Lisbon Treaty, there will be, at any case, a 2nd Decision, to appoint the Commission's President, this time on the basis of Lisbon treaty, and then, we, the EU Member States, would have to appoint (also) the EU Commissioners", he added.

    As for the precise Timing :  - "Everything is suspended until the Irish vote... Now, we must all make everything possible to help Ireland to say "Yes"" to Lisbon Treaty... The Irish Referendum, ..will take place either on September or on October. It's a Question which depends on the Irish. And,  then, we shall have the Choice of the Candidates for the permanent Institutions of Europe".

    However, "if Ireland says No, we, French and Germans, have to assume our responsibilities, and we'll do so", he concluded.

    But British and Swedish governments were reportedly eager to have a final EU Council decision on Barroso since this month, on June's European Council. While the other EU Member Countries are divided, several of them preferring to wait until EU Parliament pronounces itself, on July, and/or until Lisbon Treaty might be ratified by Ireland at the beginning of the Autumn. Barroso's current mandate ends on November.

    There are also various, contradictory and/or unpredictable reactions inside EU Parliament vis a vis Barroso's wish to continue a 2nd mandate, because many MEPs are openly or secretly opposed, reluctant, or hesitating.

    In the biggest EU Countries, as France and Germany, EU Citizens voted on June 2009 EU Elections for a renovated, non-technocratic but Political Europe which cares for its Citizens, with an Identity, Values and Borders, declared incompatible with Turkey's controversial EU bid, by mainstream, pro-European Governing Parties. Similar choices were also supported in several other small or medium EU Countries.

    On the contrary, whenever, in other Countries, Governing and other mainstream Parties didn't make these choices or eluded them, EU Citizens massively voted for euro-Sceptics whenever they were the only ones to to promise anti-bureacratic change and oppose Turkey's demand to enter into the EU, (f.ex. in the UK, Netherlands, etc).

    It's seems to be an Open Question whether Sarkozy and Merkel's conditions will be really accepted by Barroso, who was appointed on 2004 in a different political context, (with Socialist Prime Ministers in Germany, France, etc), had rejected in the Past the idea of EU becoming "equal to the USA" as "ridiculous", and pushed for Turkey's contoversial EU bid, trying to "soften" or contain the changes desired by the People who voted for Merkel and Sarkozy with another policy vis a vis Turkey on 2005 in Germany and on 2007 in France, as they did all over Europe on 2009.

    In addition to many EPP Governments, it's 3 remaining Socialist Prime Ministers : Gordon Brown in the UK, Zapatero in Spain, and Socrates in Prortugal, who support Barroso, as well as Liberal Swedish Prime Minister Reinfeldt. But their Parties lost the June 2009 EU Elections.

    Questioned whether there was still "Time" for "other" possible "Candidates", Sarkozy and Merkel did not deny, nor made any comment on that, but simply said that "it's not for us to make publicity for any candidates. We anounced our choice ("A Program, and Mr. Barroso"). But we respect any other candidate".

    Among various other names cited are former Belgian Prime Minister Verhofstadt, former UNO's Human Rights Commissioner Mary Robinson of Ireland, Italian former EU Commission's vice-President Monti, etc. Meanwhile, Luxembourg's PM Juncker, (who had been unanimously accepted by EU Council for EU Commission's Presidency on 2004, but refused), announced his intention to resign from "EuroGroup"'s Chair. Thus, he might be available for another Top EU job.

    As "EuroFora"'s "opinion" said (See publication dated 9/6/09) : - "If the current candidates (i.e. Barroso, etc) to the Top EU jobs promise and guarantee to respect People's democratic choices, then, it's OK".

"Otherwise, Europe must find new candidates, really motivated and able to implement these democratic choices of the People."

    Because, "in Democracy, the forthcoming choices for EU's Top Jobs,...should be made according to EU Citizens' Votes in June 7, 2009 European Elections, and main EU Governments' strategic policies".
        

***

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