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DENKTAS:
"GREEK CYPRIOTS CANNOT CHANGE 1960 CONSTITUITION"
Speaking on the BRT’s
"Akis" programme, President Denktas said an interesting situation
has arisen as a result of the Greek Cypriot administration’s desire to
change the 1960 Constitution and adding that the EU is face-to-face with an
important exam stated that for the Greek Cypriots to change the 1960
Constitution two-thirds of Turkish Cypriots must say ‘yes’, but this is
not possible.
The President said: "In
this situation the EU should either say to the Greek Cypriots go and ‘agree’
with the Turkish Cypriots or ‘we are not taking in the Cyprus Republic,
but the Greek Cypriot Republic".
Pointing out that for
40-years the world has been referring to the ‘Cyprus Republic’, and
underlining that the Greek Cypriots are not the government of the Turkish
Cypriots, President Denktas explaining that the USA would not achieve any
progress by exerting pressure in Cyprus said: "No one can tell us to
‘immediately go and sit at the negotiating table’. This is not possible.
However, our openings will continue".
SERDAR DENKTAS:
"EFFORTS ARE UNDERWAY TO FURTHER IMPROVE STANDARD OF LIVING OF
MARONITES"
Deputy Prime Minister and the
Minister in Charge of Tourism, Serdar Denktas has announced that efforts are
currently underway to further improve the standard of living of Maronites
living in the TRNC.
Serdar Denktas said the
efforts in question have been discussed with President Denktas and the
government and would soon be concluded.
Meanwhile, responding to
questions asked by the TAK correspondent that yesterday this news appeared
as a headline in the Greek Cypriot daily ‘Politis’, Serdar Denktas said
the various problems that are being encountered by the Maronites living in
the TRNC during their crossings to and from South Cyprus and of those
Maronites crossing over to the North in their cars have been conveyed to him
and studies and arrangements are currently underway to deal with these
problems.
U.S.A WARNS
GREECE TO REMOVE AMERICAN WEAPONS FROM CYPRUS
Various Greek Cypriot
dailies, as reported in the Turkish Cypriot press, reported that the U.S.A
is exerting pressure on the Greek Cypriot National Guard to remove from the
island U.S make weapons, in particular the M48-AB (MOLF) type tanks, the 155
and 157mm mobile cannons, and the 8.5 inche cannons, it purchased from
Greece.
Pointing out that the
Americans started to exert pressure last autumn, the dailies reported that
recently this pressure has increased and through the U.S Embassies pressure
was first directed towards Greece and then the Greek Cypriot administration.
It is also reported that
Greek Cypriot Foreign Minister Yorgos Yakovu and Defence Minister Kiriakos
Mavronikolas have confessed that recently pressure is being exerted on them
to remove from the island all U.S make weapons in the hands of the Greek
Cypriot National Guard.
The Greek Cypriot daily ‘Politis’
reminding that on the issue of the U.S weapons the first pressure to Greece
and the Greek Cypriot administration was made a few days after the official
parade and that the issue was headlined in its 12 October 2002 issue
reported that the then U.S Ambassador to Greece, Thomas Weston, before 1
October, when the official parade was to take place, had warned the Greek
government not to display the cannons.
According to the daily
because the request of the Americans, at that time, was not materialized
pressure regarding the removal of these weapons has recently come on the
agenda and in a statement made yesterday the Greek Cypriot Foreign Minister
Yorgo Yakovu said the issue was brought to his attention during the last
phase of the negotiations by the U.S Ambassador to South Cyprus, Mark
Klosson, and that when Klosson did this he showed as reason the U.S law
forbidding the transfer of these U.S make weapons, which had been purchased
from a foreign country, to another country.
A NEW PHASE REGARDING PROPERTY
ISSUES
The Attorney General of TRNC
Mr. Akýn Sait explained the details of the new legislation regarding
property issues in Cyprus. The Attorney General stated that “This
legislation will be successful and important steps will be taken on the
property issue. I believe many Greek Cypriots will make applications for
compensation and exchange".
The enacted legislation deals
with property rights of Greek Cypriots who left property in the north and
envisages a settlement of these rights through exchange or compensation. The
legislation is named "Compensation of Immovable Property Within the
Borders of the Turkish Republic of Northern Cyprus and in the Scope of
Article 159 Paragraph 4 of the Constitution".
The enacted legislation was
brought into conformity with the constitution. The article of the
Constitution in question deals with the expropriation of property left by
the Greek Cypriots in the North.
According to the legislation,
which has now entered into force, a commission or commissions of 7 or 9
members including the chairman will be established. Members of the
Commission will either be of the nature of judges or lawyers or experienced
persons on evaluation of property. There also will be a secretariat of the
commissions, which will be impartial and independent. The commissions shall
work like courts. When deemed necessary shall hear witnesses, take written
or oral testimony. They may compel witnesses to testify. The decisions they
take will be binding and will be enforced like court rulings.
According to the legislation,
Greek Cypriots who left property in the north may apply to the commissions
for their claim of exchange or compensation within a year. Nevertheless the
1-year period if necessary may be extended for a further year. Applications
may be made by property owners, their heirs or representatives with the
payment of the fee of 100 million T.L.
The Commission after
evaluating the documents presented and having heard the witnesses, when
deciding on compensation shall consider the value of the property on 20 July
1974 and from this date, until the date of payment will consider the loss of
value and the increase of value. However while doing this calculation,
notice will be taken whether the applicant is using Turkish property in the
South and whether he/she is receiving income from such properties or whether
they are paying rent or not. The amount of compensation decided by the
commission shall be covered by a separate stipulation put in the budget for
these purposes.
According to the legislation,
upon the request by the applicant Greek Cypriot, exchange may be made with
the Turkish property left in the South and his own property. In order for
this to take place, the Turkish property in the South has to be property,
which has been renunciated in favour of the state.
Following the decision of the
commission, any Greek Cypriot claimant, if unsatisfied, may apply to TRNC
courts, which will apply the rule of "mutatis mutandis". The
doctrine of precedent will be applied. After exhausting local remedies,
again if unsatisfied, the claimant will be able to apply to the European
Court of Human Rights. However this application may not be made for the
right of property but for the inadequacy of the compensation granted by TRNC
courts. The Attorney General also stated that the amount of compensation
would be determined in light of the criteria of the Loizidou case ruled by
the European Court of Human Rights.
According to the legislation,
any Greek Cypriot who receives compensation or exchanges his property in the
North with property in the South will no longer be able to bring claims on
property.
The legislation also deals
with non-applicants. The property rights of Greek Cypriots who do not apply
to the commission within a year will be dealt with after a settlement. The
legislation also enables the expropriation of these properties.
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