doubts cast over neutrality of ECJ (ORAM'S RULING) Judge

daffodils


Joined: 11/11/2008
Posts: 184

Message Posted:
28/06/2009 08:49

apologies if this has been posted before but I could not find it.



Doubts cast over neutrality of ECJ judge in Orams case

Turkish media reports on Thursday cast a shadow over the impartiality of the president of the European Court of Justice (ECJ), which recently ordered a British couple to tear down a vacation home they built in northern Cyprus -- a decision labeled as unacceptable by Turkish Cypriot leaders, who suggested that the ruling was likely to affect Cyprus reunification talks being conducted by Turkish and Greek Cypriot leaders



Thursday's news reports stated that Vassilios Skouris, president of the ECJ, had been decorated by the late Greek Cypriot leader Tassos Papadopoulos with the Grand Collar of the Order of Makarios III of the Republic of Cyprus for his “sincere and strong feelings for Cyprus and its people.” The Grand Collar of the Order of Makarios III is the highest honor awarded in the southern part of Cyprus, given to individuals who have made a substantial

daffodils


Joined: 11/11/2008
Posts: 184

Message Posted:
28/06/2009 08:51

cont .

The ECJ ruled in late April that a 2004 Greek Cypriot court decision ordering the British couple, David and Linda Orams, to demolish their house is applicable in Britain as well because both Greek Cyprus and Britain are members of the European Union. A Greek Cypriot court ordered the couple to demolish their house and pay rent for the time they occupied the property to Greek Cypriot complainant Meletis Apostolides. Apostolides, who had lived in northern Cyprus, fled to the south when Turkey intervened militarily on the island in 1974 following a Greek-inspired coup to unite the island with Greece.



Skouris received the award in November 2006, fully one year after the Orams case had started, NTV news channel reported, noting that it has also emerged that Skouris visited the southern part of the island only months before the release of the ruling. During his visit to the island in February, Skouris had talks with senior Greek Cypriot officials, including GC leader Christofias

daffodils


Joined: 11/11/2008
Posts: 184

Message Posted:
28/06/2009 08:56

Here is part of another report



Papadopoulos thanked





During the ceremony held to award the honor to Skouris, the then Greek Cypriot President Papadopoulos was noted to have “Thanked Skouris for his support to Cyprus” Skouris thanked Papadopoulos for the honor and said that receiving the Order was an honor both for him personally and the Court of Justice of the European Communities. Vassilios Skouris has been the President of the ECJ since 7 October 2003 and he was re-elected for another term through 9 October 2006-6 October 2009.



Verdict not judicial but political

One of the Turkish Cypriot Senior Executive Officers commented on the issue and said that the honor conferred on Vassilios Skouris proved that ECJ’s verdict was not judicial but was political. The Executive Officer emphasized that Turkish Cypriot should raise their voices against this verdict and he said: “If the public take to the streets, the verdict won’t be effective.” ‘

mixie


Joined: 16/05/2009
Posts: 302

Message Posted:
28/06/2009 12:40

Just from memory, Article 6 of the European Convention on Human Rights (ECHR)provides

"...everyone has the right to a fair trial before an independent and impartial tribunal established by law"

-it is stipulated that this must be within a reasonable timescale

-in a language that they understand

-they must be given adequate time to prepare a defence

-if they do not have funds available for their defence, assistance should be given etc etc

My understanding is that the Orams are appealing to the European Court of Human Rights confusingly also (ECHR)...I have seen the two being confused so many time on the forum.

They do not appear to have been given the citation in English but Greek which is a major point that will be picked up by her legal team.

Then the point you are making is that the judge could not have been impartial if given this award by the Greeks.

This I daresay will all be used to prove that "ab initio" this case was fatally flawed.

Mixie

millzer


Joined: 12/04/2007
Posts: 978

Message Posted:
28/06/2009 16:58

VERY Interesting daffodils, and just about sums it up, corrupt as ever, although I am sure that in spite of all this they will still say that the judge was totally impartial to the case, after all, judges are not human are they.



Still more ammuniton for the Orams cause to use though, lets wish them luck.

Hector


Joined: 26/08/2008
Posts: 2352

Message Posted:
28/06/2009 18:28

"Just from memory..."

mixie


Joined: 16/05/2009
Posts: 302

Message Posted:
28/06/2009 18:34

Hector

No explanation really required...

I am legally qualified and dealt a lot with human rights in my last employment..... so it was just from memory



When ECHR is your bread and butter, you soon learn

Mixie

Hector


Joined: 26/08/2008
Posts: 2352

Message Posted:
28/06/2009 18:41

Me too but I wouldn't take a chance of quoting from memory.

bigdog


Joined: 11/07/2009
Posts: 4

Message Posted:
11/07/2009 14:41

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HildySmith


Joined: 02/07/2009
Posts: 1708

Message Posted:
12/07/2009 01:00

Hi Mixie

Just sent you comments to my MP and David Cameron. When I find the rest of the MP's addresses tomorrow I will send more.

Stay with it!!!!!

Katy