European court approves KKTC property commission

ukturk



Joined: 01/09/2007
Posts: 1974

Message Posted:
23/04/2008 14:48

hi guys

very good news happend yesterday afternoon, the european court of human rights announced its official approval of the north cyprus property commission and passed its first official settlement case for a greek cypriot,

previous to this michael tymvios lodged a complaint before the e.u court against turkey, but he then latter withdraw his complaint and arrived at a settlemet with the property commission

this is there statment

'we declare that the government of Turkey has reached agreement with the applicant, Dr. Michael Tymvios, according to the terms of a settlement dated May 21, 2007, which provides for the payment of US$1 million to the applicant and the exchange of property insofar as the exchange decision can be executed within the control and power of the authorities of the 'Turkish Republic of Northern Cyprus.' This declaration is made in the context of a friendly settlement which the government and the applicant have reached. This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be payable within three months from the date of notification of the judgment by the court pursuant to Article 39 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the government undertakes to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case

they also said ''it welcomes the agreement reached between the parties and takes note of the explanation given by the government concerning the conditional nature of the agreement insofar as it concerned a possible exchange of property" and that it "is satisfied that the settlement is based on respect for human rights as defined in the convention or its protocols."



this can only be good news for people who are in fear that they will have their homes taken off them in the future if they have exchanged land or property's and they donthave to fear that they will be out of pocket to pay some greek knocking on their door demanding their proprty back but lets hope the greek population who did loose their homes in the north can be adult enuf to accept the deal that is put before them and this has a lot to do with the south cypriot government and its influence on its people because the last government told its people never to accept such a deal saying thet will get their homes back plus compensation feeding them false propaganda to their own people, lets see if this opens the gates for many other people to go thru the proper channels to be compansated

regards

ukturk

McSteviet



Joined: 11/05/2007
Posts: 1089

Message Posted:
23/04/2008 14:58

Sounds good to me Erkan, on the surface at least, lets see how many take up this way of settlement.



How do we judge if this route is being used? Is anyone publishing official figures?



And what does this do to the Oram's case, if anything?



MC

ukturk



Joined: 01/09/2007
Posts: 1974

Message Posted:
23/04/2008 15:12

hi stevie

you will probabley be able to get this info from their official website which is http://www.echr.coe.int/echr/ it shows on here pending cases and results so we can can a idea on how many people are taking up on this offer

as for the orams case this tottally depends on the greek knob (pardon me) who is taking them to court because he was under the influence of the previos government, if he see it is not going nowhere he might decide also to take the compansation package given to him lets hope he does for the poor orams

regards

ukturk

pilgrim



Joined: 11/05/2007
Posts: 1404

Message Posted:
23/04/2008 20:41

I think this good news, but the size of the settlement concerns me as I wonder as to the type of the particular property it relates to be wrth so much compensation. If this were to set a precedent I can't see Turkey settling all the potential claims and the total compensation package being a major stumbling block in the reunification talks.

McSteviet



Joined: 11/05/2007
Posts: 1089

Message Posted:
23/04/2008 20:49

Paul,



I too am concerned that $1m seems like a very large sum.



We of course have no idea of the property or land that was under dispute, so it's hard to relate too really.



MC

ive@karsiyaka



Joined: 24/02/2008
Posts: 169

Message Posted:
23/04/2008 20:56

Hi Erkan,



Hope you are well just out of interest do you know how much land the Greek Cypriot Guy owned to receive a settlement of $1.000.000.



Regards Ivan

ukturk



Joined: 01/09/2007
Posts: 1974

Message Posted:
24/04/2008 00:33

hi guys

the reason why he got paid a lot of money is because he had a lot of land 51 property plots totaling around 22 donums of prime land in central kyrenia so in todays market that does not seem a lot only £500k so wots that around 22k a donum

regards

ukturk

McSteviet



Joined: 11/05/2007
Posts: 1089

Message Posted:
24/04/2008 00:47

Erkan,



Do you know if the cuurent owners of the land have ever had any sort of hassle over this issue, or was it totally delt with by the property commission.



Did they ever have to go to court in TRNC & who payed all the legal fees of taking it to the EU court of Human rights?



Mc

ukturk



Joined: 01/09/2007
Posts: 1974

Message Posted:
24/04/2008 01:07

hi stevie

the current owners did not get involved or was hassled it was tottally dealt with property commision, but i did hear eports that some greek were up in arms about the outcome cos if they put forward their case to the echr they will just refer them to the commision so thats why this outcome is so pleasing and music to my ears!!!!

as far as i know the court costs were footed by turkey and by the e.u

ukturk

McSteviet



Joined: 11/05/2007
Posts: 1089

Message Posted:
24/04/2008 01:11

Ok thanks for that.



Doesn't seen too bad then.



MC

McSteviet



Joined: 11/05/2007
Posts: 1089

Message Posted:
24/04/2008 01:12

Hey Erkan,



Don't you ever go to bed?



What about the little lady?



MC

ukturk



Joined: 01/09/2007
Posts: 1974

Message Posted:
24/04/2008 01:27

hi stevie

i was just thinking that getting late half 1 in the morning!!!! lol

my better half is tucked up in bed by 21:00 lol she is a early riser but a sleep when the sun goes down

good nite

over and out

erkan

wynyardman



Joined: 15/12/2007
Posts: 4580

Message Posted:
24/04/2008 01:38

Very good Posting UKTURK.



I guess we have all got our fingers crossed.



They must sort it this time round, but I can see no other way but two individual Federal States



under a representative Government, as part of the EEC.



wynyardman