The ECHR decision is final and not subject to any appeal

catalkoykid


Joined: 15/02/2009
Posts: 1190

Message Posted:
06/03/2010 12:26

http://www.cyprus-mail.com/cyprus/echr-recognises-north-s-immovable-property-commission/20100306

wanderer


Joined: 05/02/2009
Posts: 1653

Message Posted:
06/03/2010 12:40

Thanks for the post interesting to see what is said south of the border

Groucho



Joined: 26/04/2008
Posts: 7993

Message Posted:
06/03/2010 13:20

"In fact, the decision is also a “de-recognition” of the ‘TRNC’ by Turkey, said the lawyer Achilleas Demetriades representing three of the eight cases."



Ha ha ha... you've got to admire the fellow's spin factor...

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
07/03/2010 11:13

There is much that troubles me about this article..



The IPC has been the ECHR prescribed route for nearly *five years* and when a GC used it - they have been publicly pilloried.



IF GCs had piled in and tested the awards of the IPC - they could now - if deemed 'unfair' - have asked the ECHR to review them. [ ECHR 'direct' cases ALWAYS upped TR's offers]



However, the GC lawyer's 'spin' is also correct .. It confirms that TR is paying up for breeches.



So, why is the headline " ECHR recognises north's Property Commission " .. it is Turkey's !

girne 29


Joined: 06/12/2007
Posts: 1488

Message Posted:
07/03/2010 13:12

“We should not give the impression, as some are doing, that political issues such the Cyprus problem can be resolved in the courts. Political issues are settled at the negotiating table and there we table our positions, having as a tool and a weapon international law, resolutions, conventions on human rights and court rulings,” Government Spokesman Stephanos Stephanou said here today.



Now he says it !!



Should have been said when using ECHR and ECJ first came into play as method of resolving property issue in place of negotiating. Was all right to use the Orams case to damage the TRNC economy,but now when its realised the cost to the ROC of similar been brought by TC's and latest ruling regarding the IPC, all of a sudden its a good idea to use the negotiating table instead of courts.



Because of the court cases and attempt to impoverish trnc, you have a hardened attitude to overcome that wasnt there last year.

Mr A's £20k award, was it worth it to any except lawyers?

winslow


Joined: 09/04/2009
Posts: 332

Message Posted:
07/03/2010 13:21

Msg 4 mmmmm

You say ...

‘’So, why is the headline " ECHR recognises north's Property Commission " .. it is Turkey's !



The European Court of Human Rights ruling on Friday ruled that the Immovable Property Commission (2005) the (IPC) of the TRNC (KKTC) is a valid domestic judicial remedy whose jurisdiction extends to G/C. G/Cs will not be able to launch court cases against Turkey at the European court prior to seeking redress with the TRNC (IPC). The ruling is significant in the fact that for the first time a Turkish Cypriot commission has been recognized by Europe's top human rights court, legitimising this instuitıons the (IPCs) TRNCs international legitimacy. The İPC was devised so as to administer international law and remove pressure from the EU.

Con..

winslow


Joined: 09/04/2009
Posts: 332

Message Posted:
07/03/2010 13:23

Con..

The TRNC authorities mandated the commission (the IPC) to examine applications under İnternational law and to decide on restitution, exchange or payment of compensation in appropriate cases. It consists of 5 / 7 members 2 of whom are foreign. İt also grants rights of appeals to the TRNC High Administrative Court and also to the ECHR.



Further more On March 5th see Demepoulos and Others v Turkey, the court agreed with Turkish propositions that G/C claiments claims should first be directed to the potential remedies available at the (IPC) TRNC where their cases had not yet been declared admissible.

For sure the provenance of the funds to pay compensation is obviously from Turkey. However this is a TRNC commision with the appointment of members of the IPC by the “TRNC” President.

Winslow.