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News 3 July 2003

DENKTAS: "GREEK CYPRIOTS CANNOT CHANGE 1960 CONSTITUITION"

SERDAR DENKTAS: "EFFORTS ARE UNDERWAY TO FURTHER IMPROVE STANDARD OF LIVING OF MARONITES"

U.S.A WARNS GREECE TO REMOVE AMERICAN WEAPONS FROM CYPRUS

A NEW PHASE REGARDING PROPERTY ISSUES

   

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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