Wednesday, 17 March 2010

Joint statement at end of talks possible

The leaders of the two communities met yesterday for what was probably their second to last meeting before the elections in the north. They are due to meet again on March 30.

Yesterday’s discussion focused on EU issues. UN special envoy Alexander Downer, when asked whether the two leaders would be issuing a joint statement at the end of the current scheduled round, said this would be discussed at the meeting on March 30.UN Secretary-General Ban Ki-moon said last night he hoped there would be such a statement laying out what has been agreed so far.

“We hope that the two leaders can issue some sort of joint statement on the agreement they have made, that’s my sincere hope and I have asked Mr Downer to do his best effort to facilitate to make progress,” Ban said at a news conference.

Ban said that he had talked with Downer on the phone at the weekend. “I am not sure how much progress they are making, but during my visit I stressed to them the importance of making progress. It is again very encouraging that the Turkish Prime Minister has made a quite good statement which is also a good demonstration of the commitment of the Turkish government,” Ban added.

Speaking after the meeting President Christofias said the leaders would discuss the possibility of a joint statement. “I believe we are achieving something, we do not waste our time. If and when it is possible to announce something, we shall announce it.” He added that he and Talat were trying to accelerate the pace of the talks.

The property issue will be resolved at the negotiating table and not in the courts, President Christofias said yesterday, commenting on the European Court of Human Rights’ recent decision to recognise the property commission in the occupied north.

Christofias said that when the courts were taking decisions not in the interests of the Turkish side, including interstate and individual cases like the Orams, both sides in the talks had pointed out that “these issues cannot be solved at a legal level”.

“This is a procedure which I do not wish to undermine under any circumstances. However, the property issue and other aspects of the Cyprus question will be resolved at the negotiating table,” he added.

The president said it was up to the two leaders to decide in common what system will operate following a solution and what priorities will be given regarding the property issue.

“The court decision has political aspects which we have already examined. The property issue was examined during more than 18 meetings I have had with Mr Talat and we will continue this effort,” he added.

British Prime Minister Gordon Brown last night urged all sides in Cyprus to show “huge courage” in the settlement negotiations, the Cyprus Mail reports.
“It will require bold leadership and a spirit of compromise,” Brown said after a meeting in London with Turkish Prime Minister Recep Tayyip Erdogan, “but I believe that progress is being made. I applaud the leadership being shown by both leaders. But the parties must now maintain that momentum and turn the dream of peace into a reality for all the people of Cyprus.”

Brown also said he has long been a supports of Turkey’s EU accession. “I was able to confirm to the Prime Minister that my position remains as firm as ever. I have said that Europe will benefit from the cultural, the economic and political strengths that Turkey will bring to Europe’s top table and that the reform process led by the Prime Minister.

Prime Minister Erdogan, will remove the remaining obstacles to accession negotiations and therefore I look forward to working with Turkey as a trusted European partner,” said Brown.

Erdogan said he and his British counterpart had discussed Cyprus among many issues. “We discussed what we can do to find the way towards a solution of the problem in Cyprus. And this was important because of the fact that the UK happens to be also one of the three guarantor countries when it comes to Cyprus,” the Turkish Prime Minister said.

Sunday, 14 March 2010

To go or not to go to the Property Commission in the north

Politis says that as a result of the ruling of the European Court of Human Rights (ECHR), it is inevitable that there will be a rise in the number of Greek Cypriots applying to the Immovable Property Commission (IPC) in the north for compensation especially in view of the deadline set for submitting such applications (December 2011).

It says that the government is debating whether it might be better for an application to be made in an organised methodical and planned way rather than by separate independent applications.

The Cyprus Mail quotes human rights lawyer Achilleas Demetriades as saying that Turkey is bluffing about giving compensation to Greek Cypriot property owners and that “refugees from Varosha should call their bluff by applying en masse to the property commission”. Demetriades, who won a breakthrough case at the ECHR for refugee Titina Loizidou, argues that people must decide what they want to do. “If people want to apply to the commission to reach Strasbourg then they should go to the IPC. It doesn’t mean they have to apply. A lot won’t want to for emotional, political or moral reasons".

The paper says that as the dust begins to settle on the legal tornado caused by the ECHR ruling, a number of questions are surfacing. What happens to the 1,400-odd cases already at the ECHR? Do they now apply to the IPC for restitution of their property rights? Are they more likely to receive compensation than the return of their property, which in turn will reinforce the ethnic divide on the island? If they do a ‘land swap’ with Turkish Cypriot properties in the south, how can they get that registered at the Land Registry?

“We flood the commission with 10,000 applications. They will have to award compensation for loss of use from 1974 to 2010 plus interest,” he said, noting that the rate of compensation has already been set by the ECHR judgement on the Arestis case.

However, applicants will ask for restitution first and compensation for loss of use later. “They want to go home. What is in the public interest of Turkey in not allowing restitution to the legal inhabitants of Famagusta? None. They cannot justify it,” said Demetriades.

Former Attorney-general Alecos Markides disagreed, saying that Turkey could surprise everyone by allowing people to return to the fenced-off part of Famagusta which remains solely under the control of the Turkish occupation forces.

“I do not agree that the so-called committee has no discretion to order the reinstatement of the properties, especially in cases where the properties are not occupied, as happens with the enclosed part of Famagusta.

“Turkey has proved to be able to follow an elastic policy and one should wonder what would happen if the committee ordered the reinstatement of properties. Would owners be prepared to go and live under the control of the Turkish army?” asked Markides.

Asked to comment on the possibility of returning to Famagusta under the control of the Turkish army, Demetriades said: “Yes of course, what else can one expect?”

“The best case scenario of the ECHR is award for loss of use and restitution under Turkish occupation. Strasbourg cannot offer more than that. This is the fallacy people have been labouring under.” he said.

Constantis Candounas, the lawyer who represented Meletis Apostolides in the Orams case, called on every Greek Cypriot refugee to apply to the IPC to seek restitution of their property rights. "Whoever doesn't do so", he added, "is in effect gifting his property to Turkey".

Asked to comment on the decision, President Demetris Christofias yesterday said he planned to chair a meeting with experts early next week to have an in-depth discussion about the whole subject.

“We shouldn’t paint everything black…The issue will be dealt with thoroughly with the solution of the Cyprus problem and solving the property issue through that solution,” he said.

Makarios Droushiotis writing in Politis says that any developments in the Cyprus problem have been pushed forward to after the elections in the north, with talks on property probably taking place in May and a referendum by the end of the year. He says that the idea of an international conference chaired by Spain as EU President to be held before the elections has fallen by the wayside after Greek Cypriot reservations that any speedy talks would fail as they did in 2004.

Christofias' preference for the talks to proceed "slowly and steadily", has even been adopted by UN Special Envoy in Cyprus Alexander Downer, who said in an interview with Bayrak radio that a speedy solution could be catastrophic for Cyprus. He added that it would be far better to have a slow negotiated procedure that would result in a lasting solution rather than a speedy but fragile one.What concerns the UN above all is not just that the leaders reach an agreement and sign it, but that it be a solution that can be implemented and for this to happen it would need to have society behind it.

He says that the UN's change of attitude has been brought about by a number of internal developments which indicate that things are heading towards public opinion being primed to accept a solution. These include the publication of a leaflet on Federation; the gradual change of the rhetoric of both the government and Akel towards acknowledging that progress has been achieved; Christofias' reaching out to Disy; and Diko's remaining in government.

Any urgency that the UN has felt so far was mainly due to Eroglu's lead in the opinion polls in the north, but now the race seems open with Talat as possibly the favourite. He adds that although Turkey says it doesn't get involved in the elections in the north, everyone knows that it favours Talat so that the talks can continue. The fact that Tahsin Ertugruloglu has declared his candidacy after repeated visits to the Turkish capital and contacts with Erdogan and Gul, clearly shows that Turkey does not favour Eroglu.

He also recalls that during his recent meeting with Greek Cypriot journalists in Ankara, Erdogan had made it clear that the Cyprus problem remaining unsolved was a problem for the region as a whole and did not want to let this opportunity to go by. It was made clear that neither Christofias nor Talat were seen to be at fault for a lack of progress so far. When pressed to say why Turkey believed there was no progress, they were told: "Both the problem and its solution are on the island. Both leaders want a solution. Both the Greek and Turkish Prime Ministers want a solution, and the guarantor countires also want a solution. But the two leaders know what the problem is and who is blocking the solution".

The writer says that when Turkey says that the problem is in Cyprus, that the two leaders know it, and that they both want a solution, clearly he was referring to internal problems. The elections in the north will clarify things there. A Talat victory would be a vote of confidence for a solution. At the same time Christofias is finally seeking the support of Disy as a basic factor towards a solution.

Sunday, 7 March 2010

ECHR ruling dismays Greek Cypriots

The European Court of Human Rights has ruled that the Immovable Property Commission (IPC) in the north of Cyprus constitutes an effective domestic remedy of Turkey.

According to the decision issued Friday on the application “Demopoulos vs Turkey and 7 others”, Greek Cypriots must first exhaust domestic remedies before resorting to the ECHR in cases regarding violation of their human rights by Turkey, which, since 1974, occupies 37% of Cyprus’ territory.

One of the applicants’ lawyers, Achilleas Demetriades, said that the decision clarifies that the immovable property commission constitutes a domestic remedy of the government of Turkey and not of the state, which was set up in the occupied areas and recognized only by Turkey. Thus Turkey continues to be responsible for the violation of human rights in the Turkish occupied areas of Cyprus.

The immovable property commission, he went on to say, accepts the title deeds of the Republic of Cyprus, since “Turkey accepts that Greek Cypriots are the legal owners” of their land in the Turkish occupied areas.

He said that based on the Court’s decision, Greek Cypriots will first have to resort to the Turkish immovable property commission in the occupied areas of Cyprus, before resorting to the ECHR.

The Cyprus Mail reports that the ruling was greeted with dismay by the government and political parties.

Government spokesman Stefanos Stefanou said the ECHR decision was respected but wrong.

“The ECHR cannot refer a property owner to a remedy that is essentially the product of an illegality,” he said.

Despite the fact that the decision holds Turkey responsible for any violations of Greek Cypriot human rights, the ruling gave rise to a series of problems which would be closely evaluated by the government, he added.

All Greek Cypriot parties were equally bleak regarding Friday’s decision.

House Legal Affairs Committee president and DISY vice president Ionas Nicolaou said the decision would have to be examined “carefully and calmly” and personal initiatives avoided “because maybe one of the reasons which led us here was the large number of cases [1,400] pending before the court”.

Speaking on national radio former Attorney General, Alecos Markides, said the ECHR decision was “very unfavourable” not only because it now obliged Greek Cypriot refugees to apply to the IPC in the occupied areas but because of the messages it sent out.

In its decision, the Court said that it cannot agree that Turkey “should be prohibited from taking into account other considerations, in particular the position of third parties. It cannot be within this Court’s task in interpreting and applying the provisions of the Convention to impose an unconditional obligation on a Government to embark on the forcible eviction and rehousing of potentially large numbers of men, women and children even with the aim of vindicating the rights of victims of violations of the Convention”.

The IPC was set up in 2006 in answer to a ruling by ECHR that Turkey and its subordinate Turkish Cypriot administration were failing to offer an effective local remedy to Greek Cypriots seeking redress for properties they had lost in the north because they did not offer refugees the possibility of returning to their properties.

By November last year there were a reported 81 claims agreed through the property commission, with at least one record payment of over €22 million to two Greek Cypriot refugees.

Nevertheless accounts of agreement for compensation or records of funds having been paid are difficult to come by, with Greek Cypriots reluctant to draw attention to themselves as having made a deal with a body that was not recognised by the government.

The Central Agency for the Equal Distribution of Burden (SITOP), which is an association for property owners of occupied lands, said yesterday it had not yet convened to discuss the decision in order to take a formal position on the matter.

“There will most certainly be a reaction to see how this problem is dealt with,” said SITOP Vice President Lyssandros Flourenzou.

“Up until now we have disagreed with the IPC route but now we will examine the issue and see how to deal with it. As yet we have no official position,” he said.

Nevertheless as an individual and a refugee, Flourenzou said applying to the IPC in the occupied areas was a no-go.

“I don’t believe it’s the right choice. I don’t believe the IPC gives fair or satisfactory solution to the problem. I’ve heard the settlements they offer are humiliating,” he said.

Another refugee who wished to remain unnamed also said in light of the decision she would not be applying to the IPC for compensation or restitution.

“I will wait for a [political] solution [to the Cyprus problem],” she said.

Although a number of refugees are expected to share similar views, it is thought that a large portion of the 1,400 Greek Cypriot applications ruled inadmissible by the ECHR will now redirect their claims to the IPC first. Sources said a number of the eight applicants in the pilot case, on which the ECHR decision had been based, had already been advised to apply to the IPC as soon as possible.

A leaflet entitled ‘Cyprus and Federation’ will finally be circulated with all Greek-language newspapers today.

Government spokesman Stefanos Stefanou said the leaflet was part of the government’s plan to inform the public regarding a bizonal, bicommunal federation solution which all Cyprus presidents had worked towards achieving since 1977.

“It will outline all the basic elements of a federation, its general characteristics, differences between federation, a unitary state and confederation,” he said.

He added that it would also explain bizonality, bicommunality, and political equality, as well as a series of other terms and issues that people hear daily.”

Stefanou said it was a leaflet that referred to the basics so that people could evaluate, judge and filter discussions on the Cyprus problem, as well as positions put forward on the negotiation table.

DISY leader Nicos Anastassiades said yesterday the government’s decision to publish the leaflet was “better late than never”.

“You cannot support a specific policy and allow it to be demonised or for the positions to be twisted,” he said.

Anastassiades said the leaflet would help inform the public instead of allowing wrong impressions fester.

The United Nations and world leaders have long urged successive governments to inform the Cypriot public about what a federation means in practice. Lack of information about the Annan plan in the lead up to the 2004 referendum was also considered a factor in the Greek Cypriot’s side’s overwhelming rejection.

Politis in a front page article says that Turkey has 5 million euros already earlined to solve the property issue through compensation as its plan B to the solution of the Cyprus problem.

The paper also quotes Turkish Foreign Minister, Ahmet Davidoglu as saying that the ECHR decision was "the biggest victory since 1974" and totally eclipses the Titina Loizidou case.

Elsewhere in the paper, Makarios Droushiotis writes that Spain, which currently holds the EU Presidency, is ready to chair a conference on the Cyprus problem and that behind-the-scenes negotiations are taking place for this to take place before the Turkish Cypriot elections in the north. He says Turkey, Greece and the Turkish Cypriots are all positive, only the Greek Cypriots have yet to clarify their position.

The writer says that both the UN and the EU are pushing for the remaining time to be made full use of and that the UN has made clear that they want to withdraw UNFICYP.

As President Christofias said in a speech on Friday, "we Cypriots have for 45 years now gotten used to having been adopted by the UN. We must understand that Cyprus is not the centre (omphalos) of the earth".

The Cyprus Mail’s satirical column Coffeeshop says that another big myth peddled by our ultra-smart, bash-patriotic lawyers and politicians collapsed on Friday when the European Court of Human Rights recognised the pseudo Immovable Property Commission (IPC) in the pseudo-state, namely the myth about the European solution, based on respect of human rights that could be secured through the courts. With their ruling, the ECHR judges unceremoniously chucked all the case files of Greek Cypriots, into the recycling bin and ensured they would not have to deal with the Cyprus property issue ever again. And if anyone did not want to go to the pseudo-commission, he or she could wait for a political settlement of the Cyprob, the ECHR said in its ruling, adding that it could not offer solutions to a problem that should have been resolved politically. It gets worse. The judges also made it clear that property did not have to be returned to the owner – there could be an exchange or he could be compensated – as the passing of 35 years raised many questions about ownership claims etc.

The decision was a fatal blow to the human rights sales pitch loved by our uncompromising, bash-patriotic lawyers, political leaders and Archbishop. What will they now say to the mugs they have been taking for a ride all these years with their hard sell about the European solution based on respect of all human rights? Hopefully this case will put an end to our insane habit of viewing everything as an issue of human rights at the expense of common sense.

The only human right that we do not have a Commissioner to protect is the right to stupidity, as it is freely exercised and respected by everyone. We saw this right being exercised, in all its glory, after the publication of the interview given by Turkish PM Erdogan last weekend. The three Greek Cypriot hacks who reported Erdogan’s views in their respective newspapers became the target of their colleagues (envy may have played a part) and the bash-patriotic politicians. They were accused of being messengers of Erdogan’s propaganda, of being chosen because they would not ask difficult questions, of treating the PM with respect and other such nonsense. In short, they were dangerously lacking in patriotism for becoming accessories to Erdogan’s communications game. In the end they became the story as nothing the PM said could be taken seriously by our hacks.

Phileleftheros’ leading commentator Arsitos Micahelides said it was more important to read what “the Greek Cypriot journalists said about their political success in meeting the Turkish PM than what Erdogan said.” If the unpatriotic hacks had written that the PM was a rude, aggressive, lying, arrogant Turk, holding an AK47 while he spoke, Phil’s commentator would have praised them for their excellent journalistic work. He may even have had time to impart his wisdom on Erdogan’s propaganda.

Turtle lover Yiorkos Perdikis also gave journalistic lessons to the hacks about the way they had presented the interview. He complained on a TV show that it was not reported in “classic format” of question and answer, implying that this was very suspicious. Why had the orthodox style of interview, not been used, the insufferably sel-important Perdikis asked again, as if he had exposed a big scandal.

Simerini columnist and tough guy Costakis Antoniou also went for the hacks, who were “sold fairy tales” by Erdogan. “And our hacks, instead of throwing a shoe at him, like the Iraqi journalist had done, believed him and came to sell the same fairy tales to the Greek Cypriots.” The bit about the shoe was not Costakis’ idea. He had copied it from the previous day’s article written by Turkish Cypriot hack Sener Levent, who regularly throws his shoe at his interviewees, if he decides they are lying.

Tuesday, 2 March 2010

Trust us, Erdogan tells Cypriots

Turkey has no hidden agenda behind efforts to reunite the island, Turkish Prime Minister Recep Tayyip Erdogan told a group of Cypriot journalists in Istanbul, three from Greek Cypriot newspapers, (the Cyprus Mail, Politis and Alithia) and two from Turkish Cypriot ones, adding that Greek Cypriots needed to overcome their mistrust of Turkey and help work towards building a region of peace and cooperation.

The Cyprus Mail covers the interview under the headline "Don't doubt our sincerity", while Politis says "A great opportunity, I cannot be clearer", and Alithia says "Let's solve it now".

“Our goal is to achieve a lasting comprehensive settlement to the problem in Cyprus. We are ready to do our share to achieve that goal, and no one should or can doubt Turkey’s sincerity,” he said.

“We will respect a solution that will be found through the free will of the two sides and we will fulfill whatever we need to fulfill in achieving that result,” he said.

As part of efforts to open dialogue with the Greek Cypriot leadership and the public, the Turkish premier sought to quash speculation that Turkey would fail to implement an agreed solution between the two sides, saying that Turkey supports “wholeheartedly and with sincerity” a solution based on the framework agreed between the two leaders on May 23, 2008, namely a bizonal, bicommunal federation as defined by relevant UN resolutions, with political equality and a single international identity.

Erdogan spoke of the lack of trust and understanding between the two sides. He argued that while his government was always one step ahead in making efforts to solve the problem, Greek Cypriots were lagging way behind.

He noted that the Justice and Development Party (AKP) had started working immediately to bring an end to the conflict once in power by encouraging former UN Secretary General Kofi Annan to launch peace talks.

In 2004 he said he had called on the Turkish Cypriots to support the Annan plan, because he believed it was a win-win situation. “In Turkey, the main opposition party and other opposition parties criticised us heavily, insulted us even. They said we were selling off Cyprus, so we faced a lot of criticism.”

Despite its subsequent rejection by Greek Cypriots, he said he would continue to maintain a “constructive position” on a solution.

Referring to the Turkish side’s package of proposals on governance and power sharing submitted in January to the negotiating table, Erdogan highlighted the level of suspicion tainting progress in the talks.

“I see on the Greek Cypriot side some question marks or doubts about what is behind this package. Whereas what we have to be doing is thinking not just about one part of the island, not only about the north of the island but the north and south of the island.”

Erdogan maintained that there were no hidden agendas in his push for peace. “I’ve been known to be very frank and open, in other words, I don’t have hidden agendas. I’m against hidden agendas. Everything should be out in the open, because if you exercise politics that way, then you can have a very sincere exchange with people.”

He said Turkey acknowledged that Greek Cypriots were the majority on the island, and simply wanted political not numerical equality for the Turkish Cypriots.

“We only say what we think should be there, an equal footing, that’s it and we say it. We’re not talking about an equal number of ministers. The number of ministers from the Greek Cypriot side will be more. So we say two constituent states, which is only natural. We say a federal structure which is very expected. Population wise, there are more Greek Cypriots on the island, so those are all facts.

“With respect to the withdrawal of troops, we’ve spoken about this before. Over a period of time, we’ve said before that those troops can be withdrawn,” the Turkish leader said, adding that his government would not respond to calls for immediate troop withdrawal.

“We have to really work for peace, to have two constituent states on an equal political footing, a federal state, then let’s do it. We have to build our future on that common understanding. Our government presents a great opportunity to solve this problem and the Greek Cypriot government must well understand this opportunity. What is it that we cannot share?” he asked.

Erdogan criticised the resolution recently passed in the House of Representatives on guarantor rights, saying it was a blow to the process and not a positive approach.

“Internal domestic problems cannot constitute an excuse for the actions of the Greek Cypriot side,” said Erdogan, and called on President Christofias to “show the necessary leadership and not slow down the process so that a solution can be found”.

The Turkish premier said he was aware that Christofias’ positions are criticised by certain newspapers. “We would not like to see some excuses cast a shadow over this process because the goal at the end of the day is to reach a comprehensive settlement, and I believe that if the necessary strong determination and will is presented then we can achieve a fair and lasting result in as short a time as possible,” he said.

“If Cyprus becomes an island of peace and stability then we will have fulfilled the responsibility not only for the current time but also towards the future generations,” he added.

He also criticised the media for being cynical but added that the people need not follow suit. He called on Cypriots not to believe all the rumours and speculation heard regarding Turkey’s motives. “You should not believe the words being spread because that leads to misunderstanding. It leads to intolerance on all sides.

Asked by a Greek Cypriot journalist when the window of opportunity for a solution would close, he replied: “We would not want to be closing that window of opportunity, this is not something we desire, but how long can we be patient.” Alithia adds that when pressed if the window might close with Eroglu’s election in the north, Erdogan said he would not be making this mistake. “We are the guarantor power and we would not like them to make this mistake”, he said.

Erdogan welcomed the election of George Papandreou in Greece, saying that he “trusted” him. He called on all Cypriots and the guarantor powers, Greece and Turkey, to put the past behind them and work towards ending the long-standing conflict in the region.

“It is important that the problem is solved on the island and we hope that the eastern Mediterranean will be an area of cooperation and peace which will be beneficial for everyone,” he said.

“What happened has happened in the past, we should leave it there. We have to look at the future and how we build the future.”

Noting that $1 trillion per year was spent on arms in the world, Erdogan called for an investment “in friendship and brotherhood”, noting that nobody would have believed 10 years ago that Karamanlis would be a witness at his daughter’s wedding.

“So what I’m saying now is that we should go beyond this. We should not just stay where we are, we should keep moving forward. We should not be after small calculations. We really have to keep moving forward. We have to overcome difficulties, we’ve covered a lot of distance, but we need to cover more.”

Erdogan repeated his call for four-party talks with the leaders of the Greek and Turkish Cypriots, Greece and Turkey, adding that Spain, holding the EU Presidency could also be present, as a way of getting all the sides talking together to speed up the peace process.

The Cyprus Mail said an hour and a half after the meeting began, 30 minutes over schedule, Erdogan looked visibly more relaxed among his Cypriot audience. Speaking of the Cyprus problem, he ended on this note: “We’ll do it together, thank you very much.”