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This week in North Cyprus > 2nd - 11th of September 2006

Times Online September 06, 2006

British couple win fight to keep Cyprus villa

By Michael Herman and PA

Thousands of Britons facing eviction from holiday homes in Northern Cyprus won a temporary reprieve today after the High Court refused to enforce a foreign judgment compelling a British couple to forfeit their land.  

Mr Justice Jack said that the ruling in the District Court of Nicosia, ordering David and Linda Orams, from East Sussex, to demolish their holiday villa was not enforceable in the UK.

Dismissing a plea by Meletios Apostolides, the original landowner who fled Northern Cyprus during the 1974 invasion by Turkey, the judge said the case "has an importance which extends far beyond the parties to them".

Thousands of Britons who bought properties in Northern Cyprus are facing similar claims from the original landowners.

In a statement, the Orams, represented by Cherie Booth, QC, said that today’s judgment "allows others in the same position to invest in Northern Cyprus without the threat of enforcement of judgments rendered in the Republic of Cyprus in the EU."

The ruling is significant because many of the original landowners have followed Mr Apostolides in taking their case to courts in the Republic of Cyprus, which is  separate from the Turkish Republic of Northern Cyprus, where many of the holiday homes are located.

Because of this separation, judgments in the Republic of Cyprus and not valid in the Turkish Republic of Northern Cyprus.

Mr Apostolides claimed that because the Republic of Cyprus is a member of the EU the Nicosia judgement should be enforced in the UK courts. But the judge ruled that under Protocol 10 to the Treaty of Accession of Cyprus to the EU this was not possible.

 

U.N. extends mission of peacekeepers in Cyprus

The U.N. Security Council voted unanimously on Wednesday to keep a peacekeeping force in divided Cyprus for another six months.
The council extended the U.N. mission’s mandate until December 15 after Secretary-General Kofi Annan reported that while the Mediterranean island remained calm, the Greek Cypriot and Turkish Cypriot sides still distrusted one another.

Without council action, the mandate would have expired at the end of the day.

U.N. troops were first sent to Cyprus in 1964 to quell violence between the two Cypriot groups. Ten years later, Turkey invaded the northern third of the island, leaving the island divided, after a Greek Cypriot coup in Nicosia engineered by the military then ruling Greece.

The peacekeepers have since patrolled a 110-mile (180-km) “green line” separating the Turkish Cypriot north, recognized only by Turkey, from the internationally recognized Greek Cypriot government in the south.

Wednesday’s council vote fell as Annan weighs reviving unsuccessful U.N.-backed talks aimed at reunifying Cyprus.

The talks failed in April 2004 when the Greek Cypriots rejected a U.N. plan that the Turkish Cypriots embraced. Both sides had to vote “yes” for the plan to succeed.

The Greek Cypriot side then joined the European Union in the name of the whole island, and the council ordered the U.N. peacekeeping force trimmed to 860 soldiers from 1,220.

In its resolution adopted on Wednesday, the council sought no further cuts but asked Annan to keep an eye out for possible changes in the mission’s operations and force level.

Following the vote, Greek Ambassador Adamantios Vassilakis urged the council to now “look to the future and to search for those elements on which we can achieve progress.”

“Talking about the past would have no meaning and would not serve the goal of finding a just and viable solution to the Cyprus problem,” Vassilakis said.

Source:

http://www.reuters.co.uk

Turkey’s EU accession process has ups and down: Gul

Any problems with Turkey’s EU bid can be overcome through negotiations, the Foreign Minister said.

ISTANBUL - Turkey’s Foreign Minister has dismissed speculation that his country’s bid to become a member of the European Union is about to hit the buffers, saying the road to joining the block just has its ups and downs.

Speaking at a joint press conference with German Foreign Minister Frank-Walter Steinmeier in Istanbul Thursday, Foreign Minister Abdullah Gul said a negative atmosphere had been created by claims that Turkey’s EU process will be derailed.

“Walking on a smooth asphalt road is not important,” Gul said. “This path has ups and downs. This is a reality. I believe we will overcome problems by talking.”

Gul said that there should not be a focus on negative aspects of Turkey’s efforts to met the requirements of the EU’s membership criteria or the criticisms directed at Turkey.

“If statements like the ‘Turkey-EU process will be closed and there will be a train crash’ are put forth continuously, a negative energy emerges,” Gul said. “There are certainly some solutions. I am sure the EU will make efforts too.”

Steinmeier said that Germany would work together with Ankara to overcome obstacles on Turkey’s path to EU membership.

When asked by a reporter whether the EU could halt its relations with Turkey due to the Cyprus issue, Steinmeier said that the EU had good reasons to start talks with Turkey.

 

Turkey’s EU bid a win-win for all: Babacan

Turkey would consider amending a controversial law that has seen a number of prominent writers and intellectuals charged with insulting Turkish identity, but only after the legislation has been studied over a period of time, the minister said.

Güncelleme: 16:50 TSİ 10 Eylül 2006 Pazar

BRUSSELS - The advancing of Turkey’s bid to become a full member of the European Union is a win-win situation for all involved, Ankara’s chief negotiator with the bloc said Friday.

The EU will gain in status when it admits Turkey as a member, State Minister Ali Babacan said during a press conference in Brussels, where he has been holding talks with senior officials of the block.

“Everybody will win as long as Turkey progresses on EU path,” Babacan said.

Regarding the recently released report by the European Parliament’s Foreign Relations Committee, Babacan said that Turkey would work to have what Ankara has described as mistakes and deficiencies removed from the final draft of the document before it is submitted to the EP’s general assembly in late September.

Touching on another sensitive issue in Turkish-EUU relations, that of Cyprus, Babacan said that the Cyprus problem was more than 30 years old, and that Turkey had always supported settlement efforts under the auspices of the United Nations.

“We will not allow the Cyprus problem to be an impediment as far as the Turkey-EU negotiations are concerned,” he said. ”

The minister said that Ankara would not make any unilateral decision to open Turkish ports and airports to ships and planes of the Greek Cypriot administration.

Couple celebrate court win in Cyprus land row

· Britons built dream villa in Turkish north of island
· Former Greek Cypriot owner says he will appeal

Clare Dyer, legal editor
Thursday September 7, 2006
The Guardian


A British couple who built their dream villa on disputed land in the Turkish republic of northern Cyprus won a high court victory yesterday protecting their UK home from having to be sold to compensate the dispossessed Greek Cypriot landowner.

David and Linda Orams's legal battle has become a cause celebre in Cyprus, where thousands of expatriates have bought bargain-priced property in the northern part of the island, much of it once occupied by Greek Cypriots who fled after the Turkish army invaded in 1974.

Ruling in their favour yesterday, Mr Justice Jack said the case had "an importance which extends far beyond the parties". An estimated 6,000 Britons own property in northern Cyprus, although not all the titles are disputed.

Meletios Apostolides, a Greek Cypriot architect, won two judgments from the district court in Nicosia ordering the couple to demolish their villa, vacate the land and pay him damages. The judgments could not be enforced in the Turkish republic of northern Cyprus (TRNC), so he registered them at the high court in London under rules providing for courts in EU member states to enforce judgments obtained in other member states.

But the couple appealed and yesterday the judge ruled that the judgments were unenforceable in England because, although Cyprus was now a member of the EU, the application of EU laws to the northern part of the island had been suspended pending a settlement between the Greek and Turkish communities.

To the annoyance of the Cypriot government, the couple were represented by the prime minister's wife, Cherie Booth QC. President Tasson Papadopoulos condemned her for taking sides in one of the most sensitive issues on the island.

The Orams could have lost their home in Hove, East Sussex, had the judgment gone against them. But that threat still hangs over them because the judge acknowledged the issues were difficult; he gave Mr Apostolides permission to appeal.

Cyprus, a former British colony, has been divided since 1974, when Turkey invaded the north in response to a military coup on the island backed by Athens.

Mrs Orams, 59, a former museum assistant, and her husband, 61, who used to work for the South Eastern Electricity Board, bought the land in Lapithos for £50,000 in 2002 and spent £150,000 building their villa, adding a swimming pool and creating a garden.

The judge ordered that Mr Apostolides should pay 75% of the Orams's £863,000 costs, with an interim payment of £150,000 - although £75,000 of that will be stayed, pending appeal. The couple are not expected to be called on by their lawyers to pay the other 25% of their costs, run up by an unusually large legal team including four barristers.

Outside court Mr Orams said: "It's taken a whole load off our minds." Mrs Orams added: "We have every faith in English justice and the EU. We realise it's not the end. It's just the beginning of the long road but we have every confidence that we will win the second appeal."


 

 



 

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