PSEKA - Canadian Justice for Cyprus Committee

PSEKA - Canadian Justice for Cyprus Committee http://psekacanada.com/blog/index.php?blogId=1 CyprusCommittee@gmail.com stelios 2010-09-07T23:05:09Z EP calls on Turkey to withdraw troops from Cyprus http://psekacanada.com/blog/index.php?op=ViewArticle&articleId=62&blogId=1 In a strongly worded resolution, the European Parliament yesterday (10 Feb 2010) set a number of preconditions on Turkey’s EU accession, calling on Ankara to immediately withdraw its occupation forces from Cyprus and facilitate the ongoing peace talks for a political settlement. The EP adopted a resolution on Turkey's Progress Report, based on a report drafted by Dutch MEP Ria Oomen-Ruijten, which states that the Turkish government should contribute “in concrete terms” to the comprehensive settlement of the Cyprus issue, based on a bizonal, bicommunal federation, in line with the relevant UN Security Council resolutions and the principles on which the EU is founded. Cypriot MEP Ioannis Kasoulides described the resolution as the strongest yet to come out of the Brussels parliament. It urges Turkey to facilitate a suitable climate for the Cyprus negotiations by immediately starting to withdraw its forces from Cyprus, by addressing the issue of the settlement of Turkish citizens on the island and by enabling the return of the sealed-off section of Famagusta to its lawful inhabitants in compliance with UN Security Council resolutions. The EP “deplores” the non-implementation of the Additional Protocol to the EC-Turkey Association Agreement for the “fourth consecutive year” and warns that failure to implement it fully and without delay, in a non-discriminatory way, could seriously affect its accession negotiations. The MEPs also referred to the “limited” progress on concrete reforms in 2009. During the debate before voting, Spanish Minister for European Affairs Lopez Garrido stressed that implementation of the Ankara Protocol, which requires Turkey to open its ports and airports to Cypriot ships and vessels, was a necessity for the continuation of accession negotiations. “If there is no progress on this, no more chapters can be opened,” Garrido underlined. He also said that one of the decisive factors for Turkey's assessment included its contribution to the efforts to reach a solution in Cyprus. New EU Enlargement Commissioner Stefan Fule said that Turkey must do more for its EU accession. “Five years ago Turkey undertook serious commitments for democratisation. Today, we are concerned about the limitations towards the media and the ban of political parties,” the Czech Commissioner said. He called on Turkey to make more effort towards democratisation, respect of human rights and individual rights and implement all it has promised especially as regards border control and readmission of immigrants. MEPs regretted the Constitutional Court’s decisions to close the Democratic Society Party (DTP), and annul the legislation limiting the jurisdiction of military courts, noting they were “a serious setback in Turkey’s reform efforts” and called for reform of the Turkish constitution. News 2010-02-12T05:36:27Z stelios Decision of UK Court of Appeal on Orams Case http://psekacanada.com/blog/index.php?op=ViewArticle&articleId=60&blogId=1 The UK Court of Appeal ruled on January 19, 2010, that a decision by a Cypriot court, in connection with claims relating to Greek Cypriot owned property in Cyprus’ northern Turkish occupied areas, must be executed in the United Kingdom. The British Court judgment was issued in the case of Apostolides v Orams, in which Greek Cypriot Meletis Apostolides took the Orams couple to court, claiming his property rights in the occupied areas (where the Orams had illegally built, a holiday home) were violated. The Cypriot court had ordered the Orams to pay compensation to Apostolides, demolish the holiday home they had built on his property in the Turkish occupied village of Lapithos, halt all intervention on the said property and deliver it to its legal owner. Mr. Apostolides sought the execution of this judgment in the UK on the basis of an EU regulation. The British Court of Appeal said on January 19, 2010, that this ruling must be executed in the United Kingdom. Apostolides said he was pleased, adding that the ruling was “a vindication of the institutions and the values of the European Union.” He also noted that the judgment relates to all aspects of the property issue, which constitutes one of the main parameters of the Cyprus problem. Apostolides’ lawyer, Constantinos Kantounas, said the Court of Appeal ruling was “final and there is no right to appeal against it.” In statements made on the issue, Cyprus President Demetris Christofias has said that the judgment of the British Court of Appeal must be executed and that it has both legal and political importance. President Christofias said that the decision of the British Court is legally important because the Court based its ruling on the EU laws and regulations, as well as the European Convention for the Protection of Human Rights, and the judgments of the European Court of Human Rights. It is also politically important because it conveys a message to the side which denies the right to ownership or the use of property.The President said that the government will look into the decision thoroughly and will use it accordingly. Invited by the press to say how the Ministry of Foreign Affairs intends to utilize the British Court of Appeal decision in the case Apostolides v Orams, the Minister of Foreign Affairs Mr. Markos Kyprianou stated the following: “The implementation and the execution of the decision is now a legal obligation and we will be following the developments closely. Of course, of exceptional importance to us are the broader consequences and the wider significance of this decision in conjunction with the important Judgment of the European Court, which was in essence adopted by the British Court as well. This decision points out certain legal facts that are very important. First of all, it is applicable throughout Europe and it applies to all European citizens. The Ministry of Foreign Affairs will become active - we have already been active since the decision of the European Court but now we will become more active, so that the significance of the decision, the illegality of purchasing immovable property and the existing risks for the buyers in illegally purchasing occupied property can be made known to all European citizens. Consequently it is a decision that binds all the member states and the citizens of the European Union and can be executed in the countries where they live. Secondly, which is also very important, the combination of the European and British decision reaffirms that - irrespective of the occupation and the practical weakness of the state to exercise control on the occupied areas - the Laws and the Constitution of the Republic of Cyprus still apply. This is a message that must be sent, not only to the citizens, the private buyers, but also to the governments of all foreign states, especially the European ones, and all those carrying out business in the occupied areas; the reminder that anything they do must be done with respect for the Laws of the Republic of Cyprus, and of course this also applies for the European Commission which, through various regulations that have been adopted to strengthen the Turkish Cypriot community, is active in the occupied areas. Thirdly, and this concerns of course the talks in Cyprus, the legitimacy of the positions presented by our side is reaffirmed concerning, not only who the legitimate owners of occupied properties are, but also who should have a say in the management and the fate of this right, who is of course the owner. So, I totally disagree with the approach of the Turkish Ministry of Foreign Affairs. I do not believe that this decision will complicate the talks. On the contrary, it reaffirms the legitimacy of our proposals and I believe that this should be accepted also by the other side.” News 2010-01-23T08:11:19Z stelios PSEKA Canada Resolution on Cyprus (2009) http://psekacanada.com/blog/index.php?op=ViewArticle&articleId=37&blogId=1 The International Coordinating Committee Justice for Cyprus (PSEKA Canada), <ul><li>Having considered the current situation in Cyprus, </li><li>Recalling the United Nations General Assembly resolution 37/253 (1983) in which the Assembly reaffirms the need to settle the question of Cyprus without further delay by peaceful means in accordance with the provisions of the Charter of the United Nations and the relevant United Nations resolutions,   </li><li>Greatly concerned that part of the territory of the Republic of Cyrus is still occupied, since 1974, by Turkish military forces,   </li></ul><ol start="1"><li>Confirms its full support for the sovereignty, independence, territorial integrity, unity and security of the Republic of Cyprus;  </li><li>Calls for the cessation of all foreign interference in the affairs of the Republic of Cyprus;  </li><li>Demands, without further delay, the withdrawal of all Turkish occupation forces from the Republic of Cyprus as necessary step towards an acceptable solution of the Cyprus Problem;  </li><li>Welcomes any negotiations which could lead to a proposed solution of the Cyprus Problem; </li><li>Demands that any future proposed solution of the Cyprus Problem: (a) Ensures the respect of the human rights and fundamental freedoms of all legal citizens of the Republic of Cyprus, including the freedom of movement, the freedom of settlement and the right to property; (b) Ensures the sovereignty, independence, territorial integrity, unity, and security of the Republic of Cyprus; (c) Prohibits the assignment of any type of guarantee powers and/or intervention rights by any foreign country; </li><li>Requests that, prior to implementation, any proposed solution of the Cyprus Problem is presented to all legal citizens of the Republic of Cyprus in the form of a Referendum.     </li></ol>   News 2009-06-07T08:11:26Z stelios European Parliament Calls on Turkey to Facilitate Climate for Peace Talks by Withdrawing Occupation Troops http://psekacanada.com/blog/index.php?op=ViewArticle&articleId=36&blogId=1 The European Parliament adopted Friday resolutions on the three candidate countries for EU accession, namely, Croatia, Turkey and the Former Yugoslav Republic of Macedonia, and their progress in 2008. The resolution on Turkey’s 2008 progress report was drawn up by EP Turkey Rapporteur Ria Oomen-Ruijten (EPP-ED, NL) and passed by 528 votes in favor to 52 against with 43 abstentions. MEPs note with concern the lack of progress in talks with the EU and the “continuous slowdown of the reform process” in Turkey for the third consecutive year. They also state that freedom of expression and freedom of the press are still not fully protected in Turkey. Making specific reference to Cyprus, “the resolution stresses the need to reach ‘a comprehensive settlement’ of the Cyprus question based on UN Security Council resolutions. MEPs back the direct negotiations currently under way between leaders of the Greek and Turkish Cypriot communities and urge Turkey to facilitate a suitable climate for negotiations by withdrawing Turkish forces” from the island.Furthermore, MEPs condemn the fact that the EC-Turkey customs union and its additional protocol have not yet been implemented fully by the Turkish government. They also point out that the non-fulfillment of Turkey's commitments by December 2009 "will further seriously affect the process of negotiations." The non-recognition of the Cyprus Republic, the resolution further stipulates, is blocking the beginning of accession talks on eight economic chapters. It is also noted that Turkey is refusing to allow access to its ports and airports to Cypriot vessels and aircrafts. MEPs also call on Turkey to comply with its obligations under international law and the ruling of the European Court of Human Rights on the Fourth Interstate Application by Cyprus against Turkey regarding investigations into the fate of missing persons. EU Member States are asked to urge Turkey to take action on this humanitarian issue. Cyprus Government Spokesman Stephanos Stephanou commented that “for the first time December 2009 becomes a clear timeframe for Turkey, and if by then Ankara does not meet its obligations as regards the Additional Protocol, this would seriously affect its EU accession course.” He further stressed that Turkey must comply with “international law, UN decisions, rulings of the European Court of Human Rights and investigations into the fate of the missing persons.” The adoption of this specific resolution, Mr. Stephanou continued, was based on the positive climate that was created in the EU, due to the initiatives of the Greek Cypriot side, which led to the start of direct negotiations, and the hard efforts of the Government, the Diplomatic Service of the Republic, the Cypriot MEPs and the friendly Groups in the European Parliament. News 2009-03-23T15:08:58Z stelios Greek Cypriots find justice in the European Court of Human Rights http://psekacanada.com/blog/index.php?op=ViewArticle&articleId=33&blogId=1 The European Court of Human Rights (ECHR) has ruled, by majority vote, that Turkey violates the property rights of eight Greek Cypriots, who own land and immovable property in Turkish occupied Cyprus. The Court has asked all of the applicants three from villages in the occupied district of Famagusta on the east and five from villages in Kyrenia district on the north and the Turkish government to submit, within three months from the date the Court judgment becomes final, their written observations. The Court also held that the heirs to these Greek Cypriots could continue the present proceedings, instead of the applicants themselves. The Court rejected Turkeys argument that domestic remedies have not been exhausted and therefore the European Court should not have accepted the applications. Turkey maintains that a self-styled properties commission, set up by the illegal Turkish Cypriot regime in occupied Cyprus, is effective domestic remedy for property claims. News 2009-01-28T13:04:40Z stelios