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Inicio 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

Escrito por ACM
08.12.17
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.


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


    >>> 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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Hu Jia's prize brings SAKHAROV's wife to "EuroFora" on murders of Journalists Politkofskaya, Gongadze and Adali :

- Elena Bonner : "All Journalists' murders must be fully investigated", without Double Standards.                                                                                    

During a special Mega-Event to celebrate 20 Years of SAKHAROV Prize for "Freedom of Thought", attributed in 2008 by EU Parliament to jailed Chinese Cyber-Dissident Hu JIA, the move was reinforced by strongly criticizing the persisting impunity in three cases of Journalists' Murders, such as POLITKOVSKAYA in Russia, GONGADZE in Ukraine, and ADALI in Turkish-occupied part of Cyprus.

Any bureaucratic doubt about whether Cyber-dissidents like Hu JIA might have, or not, a right to be protected as all Journalists must be, particularly when they take risks to search, find and publish original and critical News on issues of general interest to the society, could not resist to the emotion provoked by the message of his Wife, Zeng JINYAN spectacularly transmitted at a big screen in EU Parliament's hemicycle :

- "The most important and most interesting thing he did was to ... say the Truth :.. to write about the phenomena he observed... He never stopped Publishing.. on websites, so that the Public could learn about the reality .. and understand it.  In my view, this has been his greatest contribution", stressed the young wife of the jailed man, eager to cite also the cases of other critical journalists who faced various kinds of "harassment".

 - "Welcoming all those who have suffered for defending Human Rights", EU Parliament's President, German MEP Hans Gert POETTERING, who had invited to Strasbourg all former Sakharov prize-winners from various Countries throughout the World, said that "China needs Europe, and Europe needs China : A great nation" with which "we want to have a good relationship", "association and ..friendship". "But we are never going to stop our fight for Human Rights, and No Government can expect this from us".

    - "It's impossible  to achieve goals of Peace, if Human Rights are left out. In fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.

    It's in this spirit that MEPs adopted, on Thursday, a Resolution denouncing that "the criminal
investigation and trial following the murder of (a) Journalist ...raises serious concerns with regard to transparency and respect for the rule of law", when a "brutal killing has not yet been fully investigated and solved in a satisfactory way".

    The text refered to dissident Journalist "Anna POLITOVSKAYA", a critic of Tchechen conflict, killed some years ago in Moscow, where Russian Authorities have found, arrested and are currently judging two executants, while also searching to arrest also a 3rd one, allegedly escaped in Belgium. But they have not yet found the instigators.

     Similar texts were adopted recently also on dissident Ukranian Journalist Georgiy GONGADZE's murder, for which Ukranian Authorities have at least found, arrested and condemned 2 executants to 12 and 13 Years of jail, but not yet the instigators. For that purpose, they recently accepted an International Experts team to participate to the investigations.     

But, it's only for the Murder of dissident Turkish Cypriot Journalist ADALI, in the occupied territories of Cyprus, that Turkey has NOT yet found ANYONE responsible, and even claimed recently inside CoE that it would be "impossible" to do so !    

These astonishing differences exist despite the fact that ECHR condemned alike Ukraine and Turkey with 2 Judgements on the same year : 2005, for the murders of  Journalists GONGADZE and ADALI, strong critics of Corruption in Ukraine, and of Ankara's policies on mass-influx of Turkish Settlers in the Occupied Territories of Cyprus, respectively.    

Regarless of that, CoE's Committee of Ministers, who is entrusted with the duty to supervise execution of ECHR's judgements, has just asked Ukraine's Government to reply to further questions on Gongadze's murder before March 2009, while Turkey, curiously, got a longer postponement for answering questions on Adali's murder, until June...   

A comparison of these cases, raises serious questions about Double Standards :

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

On TRANSPARENCY :
--------------------------
    On Gongadze's murder, CoE's body speaks even about the participation of
"an INTERNATIONAL group of Experts" in the Investigation, (f.ex. of "Tape Recordings"), accepted by Ukraine.
    On the contrary, on Adali's murder, CoE is obliged to repeatedly ask (for a 2nd
time) Turkey whether, at least, it informed the victims' Family, or not...
------------------------------
- On EFFICIENCY :
-----------------------
On Gongadze's murder, CoE formally "recalls that the Committee (of Ministers) ..URGED the Ukranian authorities.. to TAKE ALL NECESSARY INVESTIGATIVE STEPS TO ACHIEVE CONCRETE and VISIBLE RESULTS in the INVESTIGATION, aimed at the Identification of the INSTIGATORS and Organisers of the Murder", and "STRONGLY INVITED the Ukranian Authorities to provide information on the PROGRESS IN THE INVESTIGATION", before MARCH 2009.

But, on Adali's murder, on the contrary, CoE's body merely .. "took note" of the "arguments presented by" Cyprus, which denounce the absence of any proof of new "investigation" by Turkey. Following Turkey's own suggestion (!), it simply "noted" that there is "no limitation period" for "any new element" to "lead potentialy (sic !) to a Re-Opening of the Investigation". Without saying who might find any such "new" fact, since Turkey stoped searching... It also POSTPONED the issue until .. JUNE  !
-----------------------
 - On the PUNISHMENT OF THOSE RESPONSIBLE :
----------------------
 -  On Gongadze's murder case, Ukranian Authorities already arrested and condemned, at least 2 suspects, to 12 and 13 Years of jail. And on Politkovskaya's murder at least 2 suspects are judged, and a 3rd one "wanted".

On the contrary, on Adali's murder case, the Turkish authorities simply claim that "it had not been possible to obtain new .. information .. on the basis of which criminal charges could be brought against ANY person" !...

Moreover,  a LETTER sent by Turkey ...2 Years after CoE's 2006 call to re-investigate anew Adali's murder case, is totally EMPTY of Facts ! As Cypus' Delegation denounced earlier, Turkey's Letter ONLY CLAIMS that a "New Investigation" was made without any result, but does NOT even cite ANY FACT to prove it :

F.ex.,on the crucial issue of the "MOTIVATIONS" behind Adali's murder, noted by ECHR, Turkey MERELY CLAIMS that "all allegations  were investigated; without result", but OMITS ANY FACT TO PROVE IT !..(It doesn't even remind which were these "allegations").. .

+ On ECHR's astonishment that the Turkish Occupation regime didn't produce any "BALLISTIC REPORT" on the Shots which murdered Adali, Turkey again repeats, 12 years later, that, still, even until now, "it  was not possible to obtain the BalisticReport"...

- As for the astonishing absence of key-WITNESSES' Testimonies, denounced by ECHR, Turkey agains repeats various pretexts avoiding to reveal anything, (Fex. that a person "left" the Occupied Territories  "on 2002", or that another witness was heard, but without revealing nothing of what he said, etc).

Turkey obviously "FAILS TO MEET THE CRITICISM made BY THE COURT" for lack of any efficient Investigation in Adali's case, concluded Cyprus' Government.
---------------------------------------------
Replying to our Question which COMPARED these 3 outstanding cases of "JOURNALISTS MURDERS", Adali, Gongadze and Politkovskaya, in order to avoid "Double Standards" by asking from Ukraine and Russia more than what is asked EU candidate Turkey, many European personalities were critical /

They criticised Ankara's recent claim at the CoE to stop investigating, because it would be "impossible to find anyone" responsible for the 5 bullet shots which killed Kutlu ADALI in front of his Family Home, contrary to the other two Journalists' murders, where Ukraine and Russia at least arrested the executants, searching now for the instigators :
----------------------------------

imag0103_400

    - "Where was that ? In Turkish Occupied Cyprus ? WITHOUT ANY DOUBT : Any murder of Journalist should be investigated in full ! All these Murders must be investigated !", replied the famous SAKHAROV's wife, Elena BONNER to our question on Adali's case, compared to Gongadze and Politofskaya.

    Elena Bonner spoke us EXCLUSIVELY shortly after being honored by the President
of EU Parliament on the occasion of 20 Years of her husband's SAKHAROV Prize.

    A strong personality, Sakharov's wife even had to struggle against an anonymous EU staffer who, astonishingly, tried to stop her speaking when h heard our question on "Turkey" (!) : - "Please, let me translate, she continues
speaking, don't stop us !", had to cry Sakharov's daughter, (a Journalist
herself), who was translating her mothers' reply, (obliged to speak louder to
make her voice heard despite the harassment).. (= + Audio Proof !)

    Earlier, Elena Bonner also fustigated "Double Standards" at another case, on
Western countries' attitude vis a vis Kosovo and the Kurds : -F.ex. "You have
recognized a few 400.000 Kosovars as an "independent" country, but you still
deny that to 30 millions of Kurds in Turkey !", she denounced.
-----------------------------
    - "This (ADALI's murder) is an issue which should be pursued by the Committee
for Human Rights. That's why we have one, and it's its duty to examine cases of
Journalists' murders as the one you referred to. You should bring the case in
front of that Committee", suggested in reply to our question on Adali, EU
Parliament's President, German MEP Hans Gert POETTERING.

    - "It's impossible  to achieve goals of PEACE, if HUMAN RIGHTS are left out :
in fact, Peace and Human Rights are intrinsequaly linked", added POETTERING.
--------------------------------------
    + "For us (European/International Federation of Journalists) it's clear :
Whenever a Journalist is Murdered, the Investigation should continue until
those Responsible are found !", replied earlier to another question on ADALI
EFJ/IFJ's Secretary General, Aidan WHITE.

    Speaking as a matter of General Principle, White asked us for "concrete data"
on the execution of ECHR's judgement on Adali case, in order to "look at it in
depth" and "make a formal statement", in comparison with the other Murdered
Journalist case, also pending at CoE's  Ministers for completing its execution,
on Ukranian Gongadze.
----------------------------------------------------
     From EU Rapporteur on Human Rights, vice-President of EU Parliament Liberties' Committee, MEP Giusto CATANIA, we were told that, since there is an ECHR judgement in both Adali and Gongadge's cases, "Turkey must naturally execute the judgement and make a full and efficient investigation, until those responsible for the Journalist's murder are found and punished".

    Even if "we (Catania's "EuroLeft" Group) support Turkey's EU perspectives, this does not mean that Ankara should not behave properly. On the contrary, it means that they have to meet tough conditions, particularly on Human Rights", was added on the occasion of Adali's murder case.

    Moreover, "since you raise the issue of Mr. Adali's muder as a part of a Series of Journalist's murders, including fex. Gongadze, Politkovskaya, ao., tthen we (EU) could also act together with CoE's Commissioner on Human Rights, Thomas HAMMARBERG, it was suggested.

    - "We (EU) must step up efforts against the problem of IMPUNITY : Real Peace cannot exist without Justice",  stressed also this week at EU Parliament in Strasbourg, French Minister on Human Rights, Mrs Rama YADE.
------------------------
                     

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