roc ignore ECHR & IPC ruling

wanderer


Joined: 05/02/2009
Posts: 1653

Message Posted:
15/05/2011 15:04

MICHAEL Tymvios, the man whose decision to exchange his property in the occupied areas with land in the Republic was backed by the European Court of Human Rights (ECHR) is suing the government for failing to implement the judgement three years on.



Tymvios has sent a letter to the ECHR, as well as the European Council, EU Commission, European Parliament and Court of Justice, and even though he is fully aware of the negative repercussions this could have on the Greek Cypriot side, he says this is something the government should have thought about before spending the last three years mocking him.

http://www.cyprus-mail.com/cyprus/state-ignores-echr-land-swap-ruling/20110515

suehowlittle


Joined: 31/10/2010
Posts: 1202

Message Posted:
15/05/2011 15:32

Powerful stuff, I am not surprised that this man is taking issue with his Government. They are not even capable of looking after their own so no wonder that the foreigners are not having any joy obtaining their Kocans there.



No better than here by the sound of it.



I await the outcome of this case with interest, keep posting on it and many thanks, very interesting.

erolz


Joined: 17/11/2008
Posts: 3456

Message Posted:
15/05/2011 15:40

This challenge was inevitable. You can try and avoid being taken to ECHR by trying to settle indivdual cases out of court, you can delay implementing ECHR rulings for a long time, but eventauly the ECHR can and will impose its authority on members of the CoE. Turkey and the TRNC delayed as long as possible before implementing the IPC in a form acceptable to the ECHR but in the end it had to do so. The same will happen in the UK on the issues of a blanket prohibtion on the rights of convicted criminals to vote whilst serving their sentances. The UK has and will continue to ignore the ECHR ruling on this matter for as long as it can but in the end it will have to change legislation in the UK. So too will the RoC be forced to accept the authority of the ECHR judgments over an above its own national laws. The ECHR is pretty much unique as a supra national legal body that can and does impose change on member states and their laws. It is massively powerful and unforunately very slow.

newlad



Joined: 02/03/2008
Posts: 7819

Message Posted:
15/05/2011 17:05

Who the hell do the Republic of Cyprus think they are.What is the point of putting rules in place,if they

(R.o.c.) dont abide by them.Tymvios acted in good faith,and should be recommpensed.Thanks for posting this Wanderer,shame there hasnt been more reaction on here,



Paul.

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
15/05/2011 17:08

Hi ErolZ



you mean *TURKEY* delayed.. for a LOT longer than three years :(



Mrs Loizidou filed her case with the ECHR in 1989 ..



IF the RoC played the game as long and as hard as Turkey - you and I might be pushing up daisies

))



'TRNC' does not figure as an entity to the ECHR viz a vis property case.. the IPC is TURKEY's 'local remedy'.. please don't attribute it to 'TRNC' ..



The slowness of the ECHR is unfortunately mostly the attitude of the nations reluctant to change their stance :(



For SURE.. the RoC will have to realise that the Guardian of TC properties legalisation - has to be revised.

mmmmmm



Joined: 19/12/2008
Posts: 8398

Message Posted:
15/05/2011 17:09

It ABSOLUTELY staggers me how STUPID successive RoC govts have been to discourage folk from using the IPC and testing it's fairness...

newlad



Joined: 02/03/2008
Posts: 7819

Message Posted:
15/05/2011 17:11

Hi Mark,



Good posts,



Paul.

erolz


Joined: 17/11/2008
Posts: 3456

Message Posted:
15/05/2011 17:32

MM all states use delaying tactics when the ECHR is forcing them to do something they do not, but the point is they can delay but they can not avoid the inevitable in the end. There is delay in every stage involved. Delay in first submitting your case to the ECHR, delay in the ECHR deciding if it has necessary jurisdiction, delay in getting a judgment, delay having got a judgment in the relevant state making the necessary changes. Delay in reapplying to the court if they steadfastly refuse to implement the necessary changes.

The Loizidou indeed had a very long course but it was a very long and complicated set of decision involved and solutions found. There was a whole set of delays in her case establishing if indeed the ECHR had jusrisdiction to rule on her case before the merits were even looked at. Once that was settled, was compensation for her indivdualy was easy to asign, finding a soloution to the generic problem was very complex [cont]

erolz


Joined: 17/11/2008
Posts: 3456

Message Posted:
15/05/2011 17:38

and the solution itself [IPC] itself went through various iterations before being deemed acceptable. It was even in ECHR an atypical long timeframe before all aspects of the ruling were com[plied with as far as the ECHR was concerned.

Determing in the Tymvios case should not have the same opportunites for delay. Jusrsdiction of ECHR is not debatable for example. Solving the problem in a generic way is not as difficult as in the case of the IPC.

As I say all sates seek to delay such impositions from the ECHR. The RoC settling the case of TC claiming the '6 month rule' was an example of trying to put off the inevitable. Even though they agreed to make changes as part of this settlement they did so in the narrowest of terms and will not widen them until forced to do so by future cases. THe same thing is going on in the UK as well, with silly pointless 'votes' in parliament as to 'shoule we make these changes' , when in fact there is no choice. [cont]

erolz


Joined: 17/11/2008
Posts: 3456

Message Posted:
15/05/2011 17:40

but the bottom line remains the same. THe ECHR can and will eventualy impose its will on and above natonal states and national laws where it has jusrsidiction. This is true if the offending state is Turkey, RoC or the UK or indeed any other member state of the CoE.

YFred


Joined: 06/05/2009
Posts: 1471

Message Posted:
15/05/2011 18:42

Oh dear dear dear deeeeeaaaar me. There was my fascistaki cousins in the south of the border hoping that the IPC would not be able to cope and be taken back to ECHR and the RoC came unstuck at the first decision between a private individual and the IPC. Isn't that a bummer. However the silence over at the fascistaki forum is deafening. What's with the [IPC] bit Erol.



http://www.youtube.com/watch?v=BvsX03LOMhI - Simon and Garfunkel enjoy. Somebody turn the volume down please.

They have managed to ignore it all day. I wonder how long they intend to keep that up. Come on boys, we realise that the RoC has not got a leg to stand on legally speaking but at least try to put a case for it. Accuse this man of being a traitor or somefink ha.



Kickapoooooo, BillC, Piratis and the rest of the fascistacis got their tounge stuck between each other cheeks but I will not even mention which ones. Although tongues changing to brown colour springs to mind.

andre514


Joined: 05/10/2010
Posts: 763

Message Posted:
15/05/2011 19:54

the real issue is of course, that sadly, legalistic measures are always a second best



yes, in theory enforceability remains crucial to any belief in the effectivness of "law"

but against this, there is the cost and time any procedures are likely to require,

as well as the simple fact that the objectionable "thing" has already been done,

...like locking up your ex's car and leaving it to rust etc etc



in a cyprus context it would be fair to say that some ROC citizens claimed to believe

that assorted euro-judges would more or less get back their "lost" territories

...without the south cyprus state having to concede anything material in return



but like the story of icarus their wings kinda fell off at the most crucial moment

if readers will allow this metaphor in relation to the udesirability of "further evictions"

from the european court early last year, which questioned turfing out new generations



and what they achieved is a further hardening of attitudes with triflin

andre514


Joined: 05/10/2010
Posts: 763

Message Posted:
15/05/2011 19:55

trifling gains only