-------------------
E Kathimerini
HRI Net Updates
Macedonian Press Agency
ANA - Athens News Agency
Other Greek Sources
 

---------------------
International Media Articles
Euractiv
EU Business
The EU
EuroNews
WebRadio/TV sources worldwide
United Nations
----------------------

Opinions/Comment/Weblogs
Other Media Links

 Turkey must normalise relations


Turkey must normalise relations with Cyprus – Dutch FM

If Turkey wants to continue its EU accession negotiations, it must normalise relations with Cyprus, Dutch Foreign Minister Bernard Bot said during a visit to the island.

Bot was on a fact-finding visit to Cyprus in view of Turkey's progress report due out next month and Ankara's continued embargo on Cyprus ships and planes.

''It is in this light that I have come to listen about the situation in Cyprus, what their opinion is about a possible progress in the negotiations between Turkey and Cyprus because I think that if you want to continue the accession negotiations with Turkey it is very important that the situation between Cyprus and Turkey be normalised."

The Dutch minister said he was briefed about the government's proposals to open Famagusta with the joint administration of Greek Cypriots and Turkish Cypriots under EU supervision, as well as the return of the fenced off town Varosha to its legal inhabitants.

Bot suggested that this proposal could be part of a compromise deal to get movement on the Cyprus issue and the impasse over the customs accord.

He said ideas put forward by the Luxembourg presidency on Famagusta and Varosha was ''a very good basis for finding a solution.''

''In the meantime we try to explore confidence building measures that would contribute to the process and help the start of the process.

"Both parties have to make a little move forward and others can help to push in the hope that this would lead to an overall satisfactory conclusion of a problem that has been haunting us for such a long period,'' said Bot.

Situation frozen

He regretted that Ankara's refusal to implement the Ankara Protocol, by not opening its ports and airports to Cypriot traffic was causing a rift in Europe.

''Most important is to see whether we can create any progress because the situation is frozen at present, it is a matter of concern in all EU countries because we would like to see that negotiations between EU and Turkey can proceed even at a very slow pace.''

However, Bot said it would not be a 'good idea' if negotiations with Turkey were to stop.

''We are trying to explore possibilities for a movement on all sides, so in October we can come to the conclusion that parties are approaching each other, that a compromise is possible and of course the difficulty is to explore the limits of that compromise, the possibilities that are present at the moment.''

''Turkey wants to become a member of EU and knows what the conditions are and I think because many people have submitted good proposals on the table for a compromise so it must be possible to work within these limits for a final solution,'' Bot concluded.

After holding talks with his counterpart George Lillikas, Bot met President Tassos Papadopoulos.

Lillikas described their meeting as very constructive, saying they had the opportunity to discuss Turkey's EU accession negotiations, as well as issues to promote the Cyprus problem.

He outlined the government's position on Turkey's obligations to meet EU commitments it undertook towards the bloc including Cyprus.

''We also expressed hope that Turkey is persuaded by other countries that share political relations with Ankara, so that Turkey exploits the time left until its assessment by the European Commission to fulfill its obligations,'' Lillikas said.

The Cypriot Minister referred to the government's proposal on Famagusta, saying that the government is ready to proceed with the proposal so that there is progress that would contribute to a better political climate for an overall solution of the Cyprus problem.

In Athens yesterday, Bot said that Ankara had obligations to Cyprus but has yet to fulfill them.

Danish PM issues blunt warning to Turkey


Danish PM issues blunt warning to Turkey

DANISH Prime Minister Anders Rasmussen warns that Turkey's failure to open its ports and airports to Cypriot ships and planes will harm its European Union accession progress.

"I expect full and unconditional implementation of the Ankara protocol -- that is free access to Turkey's port and airports, " Rasmussen told reporters after meeting Cyprus President Tassos Papadopoulos on Tuesday.

Rasmussen, on his first visit to the island, said Turkey has a legal obligation to allow free access to Cypriot traffic in accordance with the customs agreement it signed with the EU.

"So if Turkey does not fulfill this requirement, we must look into the legal aspects of that, " he said.

The Danish premier said Turkey's opening of negotiations on a number of chapters of its EU accession course depends on Ankara implementing its contractual obligations to all EU member states -- including Cyprus.

"So non-compliance with this may have severe consequences with regard to the opening of negotiations on a certain number of chapters, " Rasmussen said.

"I think that a failure to implement Turkish obligations in full will affect the overall progress in the negotiations... and I think Turkey should take stock of that, " he added.

Rasmussen's warning followed stern words from current EU president Finland that Turkey faces at least partial suspension of its EU membership talks if Ankara fails to ratify the customs agreement.

Turkey, which officially began EU membership negotiations last October, signed a protocol in July 2005 extending its customs agreement with the bloc to the 10 states that joined the union in 2004, including Cyprus.

But its parliament has yet to ratify the document, and Turkey has continued to deny access to planes and ships flying the Cyprus flag.

Turkey's membership talks involve 35 chapters, and the EU could suspend progress on any of them if Ankara does not ratify the customs protocol.

Ankara maintains more than 30,000 occupation troops in the north, and Cyprus and Turkey have no formal diplomatic relations.

Turkey has accused the government of using the Cyprus issue to undermine its EU aspirations.

When it was accepted for accession talks, Turkey was told that its quest to join the European club would take at least a decade, and that its membership would not be guaranteed even after the negotiations were complete.
 

 Brussels stalls on Cyprus


Brussels stalls on Cyprus to keep Turkey talks alive

BY ANDREAS HADJIPAPAS

Brussels is seeking to prevent a complete breakdown in Turkey’s long quest to join the European Union by deferring one of the most explosive issues until after the country’s elections next year, according to the Financial Times.

An article published this week said the dispute with Cyprus, which is an EU member but is not recognized by Turkey, threatens to bring the whole process to a halt.

"We need a plan B to limit the damage and avoid a complete suspension of negotiations, because that would kill the momentum" a senior Commission official told the paper . "We have to find ways and means to muddle through until after the Turkish elections".

The EU has given Ankara a deadline of the end of the year to open up its ports and airport to Cyprus. But Turkey has declared it has no intention of doing so, unless the EU keeps its promise to help end the "isolation" of the Turkish Cypriot community in the north.

Cyprus has threatened to block all further stages of the negotiations unless Turkey opens up its ports.

As concern mounts within the EU that the suspension of Ankara’s negotiations could prove disastrous for the country’s ties with the west, Olli Rehn, the EU’s enlargement commissioner, is seeking to persuade both Turkey and Cyprus to hand the ports case to the European Court of Justice, the FT report said.

That way, the Commission believes, the issue could be put on ice until after Turkey’s parliamentary elections next year, when both sides would have more scope to negotiate.

Diplomats said Turkey would be reluctant to refer the case to the courts. Cyprus is also resisting such a course of action, since it would water down the EU’s demand that Turkey act this year.

"The Commission hopes that pressure from the EU’s three big powers—France, Germany and the U K—will push both sides to agree to scale down the dispute", the report added.

Government spokesman Christodoulos Pashiardis yesterday said Nicosia had no information about the reported EU plan. "We do not comment on and are not engaged in such scenarios for the time being", he remarked.

He repeated the government’s firm position that Turkey should "fulfill totally and unconditionally, the obligations it has undertaken towards the EU and Cyprus".

The EU says Turkey is required under the Ankara agreement extending its customs union to ten new member states , to open its ports to shipping from Cyprus, which joined the bloc in 2004.

Turkish prime minister Recep Tayyip Erdogan repeated this week that Turkey would not make any move, unless the isolation of the Turkish Cypriot breakaway regime was lifted.

Turkish Cypriot leader Mehmet Ali Talat said in an interview that if Turkey opened up its ports as demanded by the EU, that would mean "submitting to the Greek Cypriots’ illogical demands" and would destroy the morale of the Turkish Cypriots.

U N Secretary-General Kofi Annan, who is leaving his post at the end of the year, has expressed the hope that his successor will have better luck in dealing with Cyprus. Speaking in Ankara., he said he hoped his successor would focus on reuniting Cyprus "and he or she will pursue this aggressively".

"I hope she will be determined to build on what we have achieved and work hard to achieve unification in Cyprus, and I hope she will be more successful than I have been".

Shouts by the burglar

to scare the landlord

"The burglar shouts to scare the landlord" is an old Greek saying that fits perfectly in the case of the Turkish Cypriot official and Turkish protests over the situation in Cyprus. The latest such outburst of shouting came this week in the wake of the attempt by the Turkish side to gain prestige and recognition of the illegal Turkish Cypriot state by having Mehmet Ali Talat present the trophies to the winners of the Istanbul Grand Prix - an event watched by millions of TV viewers worldwide.

When the Cyprus government protested, the Turkish side promptly started shouting that this was yet another attempt by the Greek Cypriots to isolate the Turkish Cypriots and violate their legitimate rights.

It further called on the international community to protest against this totally unacceptable Greek Cypriot conduct!

What is sad, not to say totally unacceptable, about this situation is that some of Turkey's closest friends are also pressing for an end to this isolation.

In view of this latest development and new pleas for eding the isolation it is worth recalling that this isolation is decreed by a pile of UN Security Council resolutions that brand the breakaway Turkish Cypriot in the Turkish-occupied part of the island ``illegal'' and call for an ending of the military occupation. The resolutions also call upon all states ``not to recognise the purported state of the `Turkish Republic of Northern Cyprus' set up by secessionist acts and calls on them not to facilitate or in any way assist the aforesaid secessionist entity.''

The Turkish side, of course, totally ignores these Security Council demands, just as it rejects all the other Council resolutions and Human Rights Court decisions demanding the withdrawal of the Turkish occupation troops, the return of the refugees and the reunification of the island.

A pity and a shame

It is both a pity and a shame that these Security Council resolutions and Rights Court judgements remain unimplemented all these years with the major world powers choosing to ignore them so as not to upset Turkey, a valuable strategic and trade partner for some of them.

It is even worse that this toleration of the continuing Turkish illegal occupation and the consequent ethnic cleansing of the Greek Cypriot population of the occupied north has resulted in a growing international acceptance of the situation, something also accepted by major international news media that are increasingly referring to "the Greek Cypriot south," and the "Turkish Cypriot north" of the island.

Events like the brazen attempt by Turkey to exploit a major international event like the Grand Prix prize-giving ceremony to promote its views only stresses the need for the Cyprus government to be ever vigilant.

More importantly, it needs to increase its own public relations efforts to enlighten international public opinion of the truth of the prevailing situation on the island, of the continuing Turkish illegal occupation and the toleration of Turkey's ethnic cleansing and other continuing war crimes which inevitably lead to the growing perception of the Greek Cypriot south and the Turkish Cypriot north, instead of the internationally recognised unitary single state of Cyprus.
 

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

British High Court backs Orams claim
By Simon Bahceli
(archive article - Thursday, September 7, 2006)

A BRITISH couple who built their retirement home on Greek Cypriot land in the occupied areas have won the right – for the time being at least – to remain on the property after a London High Court judge ruled yesterday that British, Cypriot and other EU courts held no jurisdiction over the north.

In a ruling that could set a new precedent for thousands of disputed properties on the island, Linda and David Orams from East Sussex appeared to have scored a significant victory over their Greek Cypriot landowner Meletis Apostolides. Although Apostolides claims ownership of the Lapithos lands from which he and his family fled ahead of Turkish invasion forces in 1974, the judge ruled there was nothing the British courts could do to remove the British couple from the property.

“It is a substantial victory in a battle by them [the couple] to maintain and retain their retirement home and their home in England,” a press statement on behalf of the couple said yesterday. It added ominously: “The judgment allows others in the same position to invest in the TRNC without the threat of enforcement of judgments rendered in the Republic of Cyprus in the EU.”

Apostolides took the couple, Linda and David Orams, to court in the UK after they refused to act on a 2005 ruling by a Cypriot court in Nicosia that they demolish the £160,000 sterling house they built on his lands. The ruling also insisted on the return of his property and the payment of financial compensation. When the Orams couple ignored the ruling, Apostolides requested the case be transferred to a British court in the hope that the court could seize the Orams’ family home in East Sussex if they refused to comply.

Mr Justice Jack’s ruling came after a four-day hearing in July, during which he heard both sides’ arguments. The strength of Apostolides’ argument lay that he was the original owner of the property, and that he and his family had been forcefully ejected from it. The Orams, meanwhile, argued that EU law was not enforceable in the Turkish-controlled northern part of the island because EU law was suspended there under what is known as protocol 10. In the event, it was protocol 10 that won the case for the Orams. The irony for Greek Cypriots is that the protocol was implemented at the request of the Cypriot government when it joined the EU in 2004.

Apostolides’ lawyer Constantis Candounas said of the ruling yesterday, “We have won on most of the points, but we have lost on protocol 10.” He added: “What is important is that the court acknowledged these people [the Orams] are trespassers. It says that what these people are doing is illegal.”

Candounas says he will now be preparing an appeal, the main focus of which will seek ways to demonstrate that protocol 10 was not designed to protect those in the north, but rather, to protect the Republic of Cyprus “against claims from the EU regarding illegalities taking place in the north”.

“If we do manage to put together the documentation for this, they’ll have no arguments left.”

Candounas conceded, nevertheless, that his client was “disappointed” by the ruling.

Head of the law firm backing the Orams couple Hasan Vahib said yesterday he saw the ruling as a clear victory for his clients, who he said had won on two counts. The first, he said, was that the court had agreed that they had not been given a fair trial in Nicosia; the second was that it had been accepted that the jurisdiction of the Cyprus courts did not extend to the north. On the issue of whether the couple had broken the law by building a house on Greek Cypriot land, he said, “It was not for the judge to comment on whether it’s legal or not”.

“The main message,” he insisted, “is that ordinary people should not be used in this manner.”

Turkish Cypriot leader Mehmet Ali Talat responded to the ruling via his spokesman yesterday by saying, “Although this decision is subject to appeal, it is a new indication of the fact that the property issue, which is closely linked to the Cyprus issue, cannot be solved by individual efforts independent of the principles of the Cyprus issue or by forcing legal proceeding. Instead of encouraging its citizens to employ such methods, the Greek Cypriot side should focus on efforts to reach an urgent, just and comprehensive settlement to the Cyprus issue and support the efforts of the Turkish Cypriot side to that end”.

Apostolides was ordered by the judge to pay 75 per cent of the legal cost of the case. However, the full payment of the £770,000 sterling costs incurred by the Orams could at least be partially deferred pending an appeal.

 
British court rules in favour of Orams


07/09/2006

A British court has ruled in favour of a British couple who built their retirement home on Greek Cypriot land in the occupied areas to remain on the property on the assumption that British, Cypriot and other EU courts hold no jurisdiction over the north, citing Protocol 10 of Cyprus’ accession treaty with the EU.

In a ruling that could set a new precedent for thousands of disputed properties on the island, Linda and David Orams from East Sussex appeared to have scored a significant victory over their Greek Cypriot landowner Meletis Apostolides. Although Apostolides claims ownership of the Lapithos lands from which he and his family fled ahead of Turkish invasion forces in 1974, the judge ruled there was nothing the British courts could do to remove the British couple from the property.

A spokesman for Turkish Cypriot leader Mehmet Talat said although the case will be appealed, but it shows that Greek Cypriot administration (as he referred to the Cyprus government) should not encourage its citizens to resort to the courts on property issues, before a final settlement of the Cyprus problem.

The Turkish Cypriot press meanwhile described the verdict as a major victory saying that it would generate new momentum to the stalled property development in the north.

Apostolides took the couple, Linda and David Orams, to court in the UK after they refused to act on a 2005 ruling by a Cypriot court in Nicosia that they demolish the GBP 160,000 house they built on his lands. The ruling also insisted on the return of his property and the payment of financial compensation. When the Orams couple ignored the ruling, Apostolides requested the case be transferred to a British court in the hope that the court could seize the Orams’ family home in East Sussex if they refused to comply.

The strength of Apostolides’ argument lay that he was the original owner of the property, and that he and his family had been forcefully ejected from it. The Orams, meanwhile, argued that EU law was not enforceable in the Turkish-controlled northern part of the island because EU law was suspended there under what is known as protocol 10. In the event, it was protocol 10 that won the case for the Orams.

Apostolides’ lawyer Constantis Candounas said, “We have won on most of the points, but we have lost on protocol 10.” He added: “What is important is that the court acknowledged these people [the Orams] are trespassers. It says that what these people are doing is illegal.”

Candounas says he will now be preparing an appeal, the main focus of which will seek ways to demonstrate that protocol 10 was not designed to protect those in the north, but rather, to protect the Republic of Cyprus “against claims from the EU regarding illegalities taking place in the north”.

Cyprus Attorney General Petros Clerides also agreed that an appeal should be filed, adding that the issue will only be resolved at a higher court or in the EU.

A request by the UK lawyers of the Orams (wife of Prime Minister Tony Blair) seeking GBP 800.000 in court fees was turned down by the court and instead Apostolides was ordered by the judge to pay 75% of the legal cost of the case. However, the full payment of the GBP 770,000 sterling costs incurred by the Orams could at least be partially deferred pending an appeal. Apostolides will now pay GBP 77.000

http://www.ekathimerini.com/4dcgi/_w_articles_politics_100016_07/09/2006_73921

British pair win Cyprus land row

A British couple yesterday won a legal battle to keep a holiday home they have built in Turkish-occupied northern Cyprus, on land originally belonging to a Greek-Cypriot.

Last year, a Nicosia court ordered David and Linda Orams to demolish their villa and return the land to its dispossessed owner Meletios Apostolidis, who fled northern Cyprus after the Turkish invasion of 1974.

But a High Court judge in Britain yesterday backed the couple’s appeal against the previous judgment.

Judge Rupert Jack ordered Apostolidis to pay three-quarters of the Oram’s legal costs, the exact amount of which was not clear yesterday.

But the lawyer for Apostolidis - who filed his claim on the land in Lapithos in October 2004 - said that his client would appeal the decision, adding that he was “very optimistic the end result will be positive.”

The Orams - whose case attracted international attention due to its potential legal ramifications and their high-profile lawyer, Cherie Booth, wife of Britain’s Prime Minister Tony Blair - called the judgment a “total vindication” of their position.

British couple wins landmark Cyprus property case
Thursday, September 7, 2006
print this page mail to a friend

DIPLOMACY

All News »

» FT: Brussels seeks court option for ports case
» US hails Turkish decision for peacekeepers for Lebanon
» Turkey gets top-level assurance from UN
» Annan hopes to see female successor
» UN hopes for quick end to Israeli blockade of Lebanon
» Ankara expects quick end to Iraq flag row
» British couple wins landmark Cyprus property case
» Annan lends helping hand to government over Lebanon row
» Brussels ponders court option
» Diplomacy Newsline

ANKARA – Turkish Daily News

A British judge ruled yesterday in favor of a British couple fighting a court order calling for them to demolish their home in the Turkish Republic of Northern Cyprus (KKTC), a landmark verdict that is expected to set a precedent for a considerable number of cases with regard to British property ownership in the KKTC.

A Greek Cypriot court in November 2004 ordered David and Linda Orams to demolish the property and pay compensation to the original landowner, Meletios Apostolides, who fled the KKTC after the 1974 Turkish military intervention on the island.

Apostolides took the case to London to try to enforce the ruling under EU law because the KKTC said the judgment by the Greek Cypriot court carried no legal force.

Judge Rupert Jack ruled in favor of the Orams, who risked having to sell their home in Hove, on England's south coast, to pay damages to Apostolides. Instead, the judge ordered that Apostolides pay 75 percent of the Orams's legal costs of 863,000 pounds (1.3 million euros), with an interim payment of 150,000 pounds, half of which was stayed pending any appeal. Apostolides did not appear in court.

After the case, the Orams -- who controversially enlisted the help of British Prime Minister Tony Blair's wife, Cherie Booth, as their lawyer -- said the judgment was a �total vindication� of their position.

�It's been two years and a hard struggle. We feel we've never done anything wrong, and we are very happy with the result,� Linda Orams said outside the court.

�We realize it's not the end. It's just the beginning of the long road, but we have every confidence that we will win the second appeal.�

The couple also said in a statement, �The judgment allows others in the same position to invest in the KKTC without the threat of enforcement of judgments rendered in the Republic of Cyprus.�

Human rights lawyer Booth -- whose involvement in the British couple's case caused a storm of protest in Greek Cyprus -- argued that the Orams were innocent victims in a long-standing dispute between the Turkish and Greek Cypriot communities.

The Orams, aged 61 and 59, used their savings to buy the plot in Lapithos and built a villa with a swimming pool. The land was bought from the registered owner in accordance with KKTC laws in good faith.

Nearly 200,000 Greek Cypriots are believed to have left their property in the north after Turkey militarily intervened in Cyprus following an abortive coup aimed to unify the island with Greece.

The Orams' case was the latest of several real estate disputes in the ethnically split island. Europeans who have bought property in northern Cyprus at bargain prices now face the prospect of losing it because of the status of Greek Cyprus as an EU member.

The Greek Cypriot government estimates 10,000 foreigners have bought Greek Cypriot property in the north, including homes in upscale residential villages.

http://www.turkishdailynews.com.tr/article.php?enewsid=53480

FT: Brussels seeks court option for ports case
Thursday, September 7, 2006
print this page mail to a friend

DIPLOMACY

All News »

» FT: Brussels seeks court option for ports case
» US hails Turkish decision for peacekeepers for Lebanon
» Turkey gets top-level assurance from UN
» Annan hopes to see female successor
» UN hopes for quick end to Israeli blockade of Lebanon
» Ankara expects quick end to Iraq flag row
» British couple wins landmark Cyprus property case
» Annan lends helping hand to government over Lebanon row
» Brussels ponders court option
» Diplomacy Newsline

ANKARA - Turkish Daily News

Brussels is seeking a plan B to avoid a complete breakdown in Turkey's 43-year quest to join the European Union by deferring one of the most explosive issues until after the country's elections next year, according to an article in the Financial Times.

�We need a plan B to limit the damage and avoid a complete suspension of negotiations, because that would kill the momentum,� a senior EU Commission official was quoted as saying. �We have to find ways and means to muddle through until after the Turkish elections.�

Turkey is under EU pressure to open its ports and airports to the use of Greek Cyprus by the end of this year. Ankara insists it will not do so unless sanctions imposed on the Turkish Cypriots are lifted.

As concern mounts within the EU that the suspension of Ankara's negotiations could prove disastrous for the country's ties with the West, Olli Rehn, the EU's enlargement commissioner, is seeking to persuade both Turkey and Greek Cyprus to hand the ports case to the European Court of Justice, said the article.

�That way, the Commission believes, the issue could be put on ice until after Turkey's parliamentary elections next year, when both sides would have more scope to negotiate,� it added.

The Cyprus dispute is one of the major blocks before Turkey's EU road. A strongly worded European Parliament report, approved in the parliament's Foreign Affairs Committee earlier this week, urged Ankara to take concrete steps for the normalization of bilateral relations with Greek Cyprus as soon as possible.

It warned that the �lack of progress in this regard will have serious implications for the negotiation process and could even bring it to halt.�

Danish Prime Minister Anders Fogh Rasmussen also warned earlier this week that Turkey's failure to open its ports and airports to Greek Cypriot traffic would harm its EU accession progress.

Turkey said yesterday it has no intention of opening up its sea and air ports to Greek Cypriot use despite EU pressure and mounting fears that the row may derail Ankara's bid to join the bloc. �We have no intention of bringing the protocol to Parliament [for ratification],� Foreign Ministry spokesman Namık Tan told reporters.

He was referring to a customs union protocol that Ankara signed in July 2005 but has since failed to ratify.

The Cyprus issue also figured high on the agenda of talks between visiting U.N. Secretary-General Kofi Annan and Turkish leaders yesterday. �We understand that the secretary-general will undertake certain efforts on this issue,� Tan said, without elaborating.

Tan said that during talks with Annan, Turkey expressed its support for a comprehensive solution to the Cyprus problem under the good offices mission of the U.N. secretary-general and for the start of technical negotiations, which Ankara believed was a step on the way to a comprehensive deal.

Referring to an action plan Ankara announced earlier this year, Tan said the lifting of isolation in northern Cyprus was a top priority for Turkey, adding it would be a very significant step on the way to a solution.

Speaking to reporters at a joint press conference with Prime Minister Recep Tayyip Erdoğan following their talks yesterday, Annan said the United Nations was exerting efforts to encourage the Turkish and Greek Cypriot sides to work together for a resolution of the dispute.

Annan also said talks for a solution could resume following the handling of some issues by technical committees to be set up on both parts of the island. He also held out hope that the incoming secretary-general, who will take office at the end of this year, would take efficient steps to advance U.N. efforts aimed at reunifying the divided island.

http://www.turkishdailynews.com.tr/article.php?enewsid=53510

Annan lends helping hand to government over Lebanon row
Thursday, September 7, 2006
print this page mail to a friend
Annan lends helping hand to government over Lebanon row

DIPLOMACY

All News »

» FT: Brussels seeks court option for ports case
» US hails Turkish decision for peacekeepers for Lebanon
» Turkey gets top-level assurance from UN
» Annan hopes to see female successor
» UN hopes for quick end to Israeli blockade of Lebanon
» Ankara expects quick end to Iraq flag row
» British couple wins landmark Cyprus property case
» Annan lends helping hand to government over Lebanon row
» Brussels ponders court option
» Diplomacy Newsline

ANKARA - Turkish Daily News

U.N. Secretary-General Kofi Annan lent a helping hand to the government, which has been battling fierce opposition to its decision to send troops to Lebanon at home, giving assurances that the troops would not be tasked with disarming Hezbollah.

�The mandate is clear. The troops are not there to disarm Hezbollah. They are there to work with the government of Lebanon and the Lebanese army to extend its authority throughout the territory,� Annan said at a joint press conference with Prime Minister Recep Tayyip Erdoğan in Ankara, his latest stop in a regional tour.

Annan met with President Ahmet Necdet Sezer, an opponent of sending troops, Erdoğan and Foreign Minister Abdullah Gül a day after the ruling Justice and Development Party (AKP) defied objections from the opposition and voted for troop deployment in Lebanon to contribute to UNIFIL, the U.N. peacekeeping force there.

�It pleases us that our conditions set out in the motion regarding the disarmament issue are fully shared [by Annan],� Erdoğan told the news conference.

Indicating that he was told by Turkish leaders that Ankara was to send 1,000 troops, Annan said: �The 7,000 troops that were offered in Brussels does not include the battalion that is going to come from Turkey. Now that Turkey has contributed, we'll probably go to 8,000 or so from this region.�

Turkey's decision, strongly disapproved of by the opposition parties and a significant part of society, has been welcomed by Annan, who said it was �crucial,� as well as by the United States and France.

A U.S. State Department official said Washington was �pleased� with the decision, while the French Foreign Ministry said France, a leading contributor to the force, welcomed the Turkish move.

British Court Rules in Favor of British Couple in Cyprus Property Case
By Cihan News Agency
Wednesday, September 06, 2006
zaman.com

A British court on Wednesday overruled a Greek Cypriot court order which said a British couple must return the land their home is built on in Turkish Cyprus to its previous owner, a Greek Cypriot.

David and Linda Orams, who had bought property on the Turkish side of the divided island, successfully appealed the ruling of the Nicosia court that ordered the couple demolish their villa and pay compensation to Meletis Apostolides, the original landowner.

The Orams family, represented by lawyer Cherie Booth- the wife of British PM Tony Blair-had spent £160,000 to buy the land on Turkish side of the island.

Cyprus has been divided along ethnic lines since 1974. In 1983, the Turkish-held area, which constitutes about one third of the island, declared itself the Turkish Republic of Northern Cyprus (TRNC).

For further information please visit http://www.cihannews.com

Greek Cypriots remain owners of property in north: spokesman
font size ZoomIn ZoomOut

The Cypriot government said Wednesday that Greek Cypriots remain the owners of their land in the Turkish occupied areas of Cyprus and that those buying property not belonging to them are acting illegally.

Government spokesman Christodoulos Pashiardis made the remarks in a written statement in response to a ruling earlier in the day by the High Court in Britain in favor of a British couple regarding a piece of land in north Cyprus belonging to a Greek Cypriot.

The High Court said it could not enforce the ruling of an Nicosia District Court in November 2004 which had ordered Robert and Linda Orams to return the land, in the Turkish occupied part of the island, on which the couple had built a house.

The land belongs to Meletis Apostolides, a Greek Cypriot refugee from Lapithos. The Cypriot court had also ordered the Orams to pay compensation to Apostolides for the loss of use of his property.

Pashiardis pointed out that the British court was reluctant to become involved in the procedure to execute the decision of the Cypriot court against those who illegally possess Greek Cypriot properties.

Pashiardis said that Apostolides has secured a right to appeal the decision at the British Court of Appeals, noting there is also the possibility of referring the case to the European Communities Court in Luxembourg.

"Meanwhile, there are other procedures which Mr. Apostolides can use for the execution of the decision taken by the Cypriot court," the spokesman said.

"Persons who illegally take ownership and claim to be the 'new owners' are not owners but violate other peoples' property and should be treated accordingly. They are committing the offense of violating other peoples' property," the spokesman stressed.

Cyprus has been divided along the ethnic line since 1974 when Turkey militarily intervened and occupied the north of Cyprus following a coup by a group of Greek officers.

The partition uprooted 165,000 Greek Cypriots and 60,000 Turkish Cypriots. Each side unilaterally redistributed properties. Many British holidaymakers took advantage of cut-price properties but are now facing legal challenges.

Source: Xinhua

 

 British couple win appeal to save Cyprus holiday home
By Elizabeth Davies
Published: 07 September 2006

A British couple whose dream holiday home has become a symbol of the bitter tensions that continue to divide Greek and Turkish Cyprus won a temporary reprieve yesterday when the High Court ruled the property was safe from demolition.

Linda and David Orams, who spent their life savings on a villa in northern Cyprus four years ago, were told they had successfully appealed against an attempt by the original Greek Cypriot landowner to reclaim the land.

Mr Justice Jack, who ruled that an order made last year by a Nicosia court to tear down the home was unenforcable in Britain, said the appeals had "an importance which extends far beyond the parties to them".

The judgment came as a relief to thousands of British property owners in Turkish Cyprus, who had feared a negative ruling would put their properties at risk. It was also a welcome victory for Cherie Booth, QC, the Prime Minister's wife, whose appointment last year as the couple's defence lawyer sparked outrage among Greek Cypriots.

Speaking during the hearing in July, Ms Booth said the Orams had been "caught up in what remains... a conflict of the two communities". Yesterday, a statement issued on behalf of the couple said the judgment was a "total vindication" of their position.

The couple had claimed that they risked losing their home in Hove, Sussex, if the ruling had gone against them.

Yesterday's ruling was a significant step towards the resolution of the fiercely fought legal battle which has brought the Cyprus problem back into the international spotlight.

The case began in 2004 when Meletios Apostolides, a Nicosia-based architect who lived on the land until his family fled during the 1974 invasion, visited the internationally unrecognised Turkish Republic of Northern Cyprus (TRNC) and saw his family home in the village of Lapithos had been torn down and a two-storey villa erected in its place.

Just a year after they had moved in, the couple were served with a claim by Mr Apostolides demanding they forfeit the land. A Cypriot court ordered the Orams to demolish their villa, return the land and pay him damages. Mr Apostolides's lawyers used EU legislation to apply to the High Court in London to enforce the Nicosia court's ruling.

The High Court's ruling, however, said that because the Republic of Cyprus's EU accession treaty stipulates that the TRNC is outside Nicosia's "effective control" the court order was unenforcable in any member state.

"It was clear from the beginning that this dispute should never have come to this court. It is an international matter," said Ms Booth. The judge, despite granting Mr Apostolides the right to appeal, ordered him to pay 75 per cent of the Orams' £863,000 costs, with an interim payment of £150,000.

A British couple whose dream holiday home has become a symbol of the bitter tensions that continue to divide Greek and Turkish Cyprus won a temporary reprieve yesterday when the High Court ruled the property was safe from demolition.

Linda and David Orams, who spent their life savings on a villa in northern Cyprus four years ago, were told they had successfully appealed against an attempt by the original Greek Cypriot landowner to reclaim the land.

Mr Justice Jack, who ruled that an order made last year by a Nicosia court to tear down the home was unenforcable in Britain, said the appeals had "an importance which extends far beyond the parties to them".

The judgment came as a relief to thousands of British property owners in Turkish Cyprus, who had feared a negative ruling would put their properties at risk. It was also a welcome victory for Cherie Booth, QC, the Prime Minister's wife, whose appointment last year as the couple's defence lawyer sparked outrage among Greek Cypriots.

Speaking during the hearing in July, Ms Booth said the Orams had been "caught up in what remains... a conflict of the two communities". Yesterday, a statement issued on behalf of the couple said the judgment was a "total vindication" of their position.

The couple had claimed that they risked losing their home in Hove, Sussex, if the ruling had gone against them.

Yesterday's ruling was a significant step towards the resolution of the fiercely fought legal battle which has brought the Cyprus problem back into the international spotlight.

The case began in 2004 when Meletios Apostolides, a Nicosia-based architect who lived on the land until his family fled during the 1974 invasion, visited the internationally unrecognised Turkish Republic of Northern Cyprus (TRNC) and saw his family home in the village of Lapithos had been torn down and a two-storey villa erected in its place.

Just a year after they had moved in, the couple were served with a claim by Mr Apostolides demanding they forfeit the land. A Cypriot court ordered the Orams to demolish their villa, return the land and pay him damages. Mr Apostolides's lawyers used EU legislation to apply to the High Court in London to enforce the Nicosia court's ruling.

The High Court's ruling, however, said that because the Republic of Cyprus's EU accession treaty stipulates that the TRNC is outside Nicosia's "effective control" the court order was unenforcable in any member state.

"It was clear from the beginning that this dispute should never have come to this court. It is an international matter," said Ms Booth. The judge, despite granting Mr Apostolides the right to appeal, ordered him to pay 75 per cent of the Orams' £863,000 costs, with an interim payment of £150,000.
 

Last Updated: Wednesday, 6 September 2006, 13:54 GMT 14:54 UK
E-mail this to a friend Printable version
Couple win court fight over villa
David and Linda Orams
The Orams bought the plot for their villa with savings of £160,000
A Sussex couple seeking to keep their dream holiday villa in northern Cyprus have won their High Court battle.

Linda and David Orams, from Hove, built their property in Turkish-controlled northern Cyprus four years ago after buying the plot with retirement funds.

They were taken to court by Meletios Apostolides, who said his family owned the land, near Kyrenia, in the 1970s.

He had insisted that either the villa was knocked down or the Orams handed their property in Sussex over to him.

Mr Orams, 61, and his wife, 59, spent their £160,000 savings on buying the plot and building the villa and pool.

They bought the land from the registered owner in accordance with the laws and land registry system of the Turkish Republic of Northern Cyprus (TRNC) - which was declared after Turkish troops invaded the area in 1974.


We feel we've never done anything wrong and we are very happy with the result
Linda Orams
But Mr Apostolides, a Greek Cypriot, insisted the land was rightfully his because his family had been uprooted from it by the Turkish invasion.

Speaking outside the court, he said: "I was 24 when I left the land and that particular place, and you have people that are claiming it's their own now."

A statement issued on behalf of the couple said the judgment was a "total vindication" of their position.

It said: "It is a substantial victory in a battle by them to maintain and retain their retirement home and their home in England.

"The judgment allows others in the same position to invest in TRNC without the threat of enforcement of judgments rendered in the Republic of Cyprus in the EU."

The villa in Cyprus
Meletios Apostolides had insisted the plot of land was rightfully his

Their counsel, Cherie Booth QC, had argued that the case raised a matter of fundamental importance for people who lived in the Turkish-controlled region in relation to property dealings.

Mr Justice Jack's ruling that a judgement obtained against the retired couple in Nicosia was not enforceable in the English courts followed a four-day hearing at the High Court in London in July.

The judge gave Mr Apostolides permission to appeal.

He also ordered that he should pay 75% of the Orams' £863,000 costs, with an interim payment of £150,000 - although £75,000 of that will be stayed, pending appeal.

The remaining £75,000 has to be paid within 28 days.

Speaking outside the court Mrs Orams said the couple were very happy.

"It's been two years and a hard struggle. We feel we've never done anything wrong and we are very happy with the result," she said.

"We have every faith in English justice and the EU.

"We realise it's not the end. It's just the beginning of the long road but we have every confidence that we will win the second appeal."

 

http://www.timesonline.co.uk/article/0,,200-2345221,00.html

Times Online September 06, 2006
+ Post a Comment

British couple win fight to keep Cyprus villa
By Michael Herman and PA

Thousands of Britons facing eviction from holiday homes in Northern Cyprus won a temporary reprieve today after the High Court refused to enforce a foreign judgment compelling a British couple to forfeit their land.

*
Mr Justice Jack said that the ruling in the District Court of Nicosia, ordering David and Linda Orams, from East Sussex, to demolish their holiday villa was not enforceable in the UK.

Dismissing a plea by Meletios Apostolides, the original landowner who fled Northern Cyprus during the 1974 invasion by Turkey, the judge said the case "has an importance which extends far beyond the parties to them".

Thousands of Britons who bought properties in Northern Cyprus are facing similar claims from the original landowners.

In a statement, the Orams, represented by Cherie Booth, QC, said that today’s judgment "allows others in the same position to invest in Northern Cyprus without the threat of enforcement of judgments rendered in the Republic of Cyprus in the EU."

The ruling is significant because many of the original landowners have followed Mr Apostolides in taking their case to courts in the Republic of Cyprus, which is separate from the Turkish Republic of Northern Cyprus, where many of the holiday homes are located.

Because of this separation, judgments in the Republic of Cyprus and not valid in the Turkish Republic of Northern Cyprus.

Mr Apostolides claimed that because the Republic of Cyprus is a member of the EU the Nicosia judgement should be enforced in the UK courts. But the judge ruled that under Protocol 10 to the Treaty of Accession of Cyprus to the EU this was not possible.

Despite the ruling, the Orams fight is not over.

Constantine Candounas, Mr Apostolides solicitor, told the Greek press that his client, who was granted permission to appeal, would almost certainly do so.

Mr Candounas added that today’s judgment was only the first step in a three stage court process and Mr Apostolides would take the fight to the European Court of Human Rights if necessary.

Cyprus, a former British colony, has been divided since the Turkish invasion in 1974. The split was formalised in 1983 when the Turkish-controlled area, which makes up around one third of the island, declared itself the Turkish Republic of Northern Cyprus.

Ms Booth told the hearing in July that the Orams had been unwittingly caught up in a 30-year conflict between the two sides and that their case was of fundamental importance to anyone who owns property in Northern Cyprus

http://www.guardian.co.uk/uklatest/story/0,,-6061291,00.html

Couple win battle over Cyprus villa

Press Association
Wednesday September 6, 2006 10:38 AM

A British couple have won a High Court battle over their dream holiday home in Cyprus.

David and Linda Orams successfully appealed against the registration for enforcement of two judgments of the District Court of Nicosia in the Republic of Cyprus. The judgments had been obtained by the dispossessed owner of the plot on which their villa was built in the Turkish-controlled north of the island.

The couple claimed they risked losing their home in Hove, East Sussex, if Mr Justice Jack's ruling had gone against them.

Mr Orams, 61, and his wife, 59, spent their £160,000 savings on buying the plot in Lapithos and building the villa and pool.

They bought the land from the registered owner in accordance with the laws and land registry system of the Turkish Republic of Northern Cyprus (TRNC).

Cyprus, a former British colony, has been divided since 1974, when Turkey invaded the north in response to a military coup on the island backed by Athens.

Their counsel, Cherie Booth QC, had argued that the case raised a matter of fundamental importance for people who lived in the Turkish-controlled north in relation to property dealings.

Afterwards, a statement issued on behalf of the couple said the judgment was a "total vindication" of their position.

It said: "It is a substantial victory in a battle by them to maintain and retain their retirement home and their home in England.

"The judgment allows others in the same position to invest in TRNC without the threat of enforcement of judgments rendered in the Republic of Cyprus in the EU."

 Couple win right to keep Cyprus holiday home
By Joshua Rozenberg, Legal Editor
(Filed: 07/09/2006)

A British couple whose holiday home in northern Cyprus was threatened by an international property dispute won a High Court victory yesterday that will be welcomed by investors and others in the Turkish-occupied north of the divided island.

David and Linda Orams
Happy: David and Linda Orams

David Orams, 61, who used to work for South Eastern Electricity, and his wife Linda, 59, a retired museum assistant, spent their £160,000 savings buying land near Kyrenia and building a villa and swimming pool three years ago.

They were sued by Meletios Apostolides, a Greek-Cypriot who said he owned the land when Turkish forces invaded in 1974 and he fled south.

The couple's lawyers, who include Cherie Booth, QC, and three other barristers, have put in a bill of £863,000 for their defence.

As not all the couple's arguments were successful, Mr Justice Jack decided that Mr Apostolides should pay no more than three quarters of their costs.

It is not clear how much of the £863,000 represents Miss Booth's charges, but the judge said Mr Apostolides should pay her fees and those of one of the three junior counsel.

There is speculation that the Orams, from Hove, East Sussex, are being funded by Turkish property developers and that Mr Apostolides is supported by Greek-Cypriot interests. He was granted permission to appeal.

In 2004, shortly after Cypriots were allowed to cross the island's UN-patrolled ceasefire line, Mr Apostolides travelled north and found the Orams's house. He won an order from the Nicosia district court telling the couple to demolish their home and give him back the land.

But rulings by the Cyprus courts are not recognised in the Turkish-occupied north and so Mr Apostolides had the judgment registered at the High Court in London under a European Union regulation governing the recognition of foreign judgments.

Yesterday Mr Justice Jack allowed the couple's appeal against that registration, finding that EU law did not extend to northern Cyprus.

In addition, the judge found that the default judgment obtained in Cyprus had not allowed the defendant enough time to file a defence.

Mrs Orams said after the hearing: "We are delighted that this judgment has been set aside today.

"It has also been stressful for a great number of people in north Cyprus — the British and the Turkish Cypriots.

"We hope that this judgment will mean that these people are safe now to live where they want to live in the TRNC [Turkish Republic of Northern Cyprus] and we very much hope that no one else is drawn into this politically-motivated case."

Couple win Cyprus property battle

LONDON (Reuters) - A British couple represented by Prime Minister Tony Blair's lawyer wife Cherie Booth on Wednesday won a court fight to keep a villa they built in partitioned Cyprus.

David Orams, 61, and his wife Linda, 59, spent 160,000 pounds to build the villa on a plot in northern Cyprus but were challenged by the land's dispossessed owner, Meletios Apostolides.
Advert for city club casino

Last year, a Greek Cypriot court ordered the Orams to demolish the villa, return the land to Apostolides and pay him damages.

In November, the High Court in London ruled that the Greek Cypriot order was enforceable, but on Wednesday a High Court judge backed an appeal by the Orams against that judgement.

Mr Justice Jack ordered Apostolides, who was given leave to appeal, to pay three-quarters of the couple's 863,000 pounds legal costs, with an immediate payment of 75,000 pounds within 28 days.

Land claims are among the most contentious issues in Cyprus, split down ethnic lines since a Turkish invasion in 1974 triggered by a brief Greek Cypriot coup.

An estimated 250,000 Greek and Turkish Cypriots combined, a quarter of Cyprus's population, were forced to flee their properties in conflicts dating from 1963.

The Orams said they had bought the land in compliance with the land registry system in the Turkish Republic of Northern Cyprus.

The couple said they had risked their main home in Hove, East Sussex, in order to fight the enforcement of the Cypriot ruling.

Booth had told the court that the matter was of fundamental importance in respect of property dealings in Cyprus.

A statement on behalf of the couple said: "It is a substantial victory in a battle by them to maintain and retain their retirement home and their home in England.

"The judgement allows others in the same position to invest in the Turkish Republic of Northern Cyprus without the threat of enforcement of judgments rendered in the Republic of Cyprus in the EU."

Booth's involvement in the case had triggered protests from Nicosia to the British government.

(c) Reuters 2006. All rights reserved. Republication or redistribution of Reuters content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters and the Reuters sphere logo are registered trademarks and trademarks of the Reuters group of companies around the world.

This article: http://news.scotsman.com/latest.cfm?id=1318552006

Last updated: 06-Sep-06 16:27 BST
 

Archived on this site here