Expats on Greek Cypriot properties could face move on UK assets
By Jean Christou

A BRITISH couple living on Greek Cypriot property in the north are battling a court decision requiring them to bulldoze the house they built in Lapithos and compensate the Greek Cypriot refugee involved.

The case is due to be heard on December 20, and if David and Linda Orams fail in their attempt to have the ruling invalidated, it could lead to a judgment against their UK assets under a recent amendment to EU law.

If the British courts were to move on the defendants’ UK properties, it would prove a landmark case affecting any non-Cypriots who have bought Greek Cypriot properties in the north.

Constantinos Candounas, lawyer for the Greek Cypriot property owner Meletis Apostolides, said the case had been deferred until December 20 because the papers had not been served properly by the Orams’ Turkish Cypriot lawyer, and a translation had to be made.

“They are trying to have the judgment set aside and also to have a stay of execution,” Candounas said.

“There was a judgment on November 9, which was properly served to Mrs Orams, who constantly refuses to sign for the documents that are served to her,” he added.

“She refused to sign for the action served on her in Lapithos. She refused to sign for the judgment when it was served to her in her lawyer’s office, and today we filed an application for contempt of court that was served to her, and again she refused to sign for it.”

The November 9 judgment by a Nicosia court required that the Orams demolish the house they had built on the former orchard, and pay Apostolides nearly £10,000 in damages. The judgment cannot be enforced in Cyprus due to the occupation of the north, but under EU law it can be taken to the UK, where British courts could enforce the judgment against the Orams’ home in Hove in East Sussex.
First, however, the courts in Cyprus must decide whether the November 9 judgment should be invalidated or if a stay of execution can be granted to the Orams.

The result of legal proceedings could affect hundreds of EU citizens who have properties in the north.

David Orams, 60, and Linda, 58, said what they had bought in the north and moved to 18 months ago was “a shell of a property on a plot of about a third of an acre”. They had bought it from a Turkish Cypriot who runs the local hardware store. “He transferred the legal title and freehold title with title deeds to the Orams,” a statement said.

The couple said they have since spent several thousands of pounds from their savings to have the property completed, furnishing it, adding a swimming pool and planting out the garden with hundreds of shrubs and fruit trees.

”We have spent hundreds of hours working in the garden cleaning it up and
watering the plants,” said Mrs Orams, a former museum assistant.

”We had always dreamed of owning a home in the sun but never thought we
could afford it,” she added. “But when my husband took early retirement and we were on holiday in North Cyprus we realised that we could manage to buy a property there.

”Friends and family have been to stay with us and have enjoyed the sunshine
and the warmth and friendliness of the Turkish Cypriots.”

The first whiff that their ‘dream home’ was in danger was on October 27 when the court papers were delivered in Greek. The couple claim that by the time the papers had been translated, the November 9 deadline had expired and the judgment been passed.

“We bought the house in all good faith and have the Turkish deeds to say
that we are the rightful owners of the land and property,” said David Orams,
who returned to England before the problem arose.

“As I understand it, when the island was split around 1974, the Greek Cypriots who left their homes in the north were given equal land and
property in the south. We believe that the Greek Cypriots who formerly owned our land have no right to it 30 years later. If they were allowed to have the property, it would mean that Greek Cypriots would be moving back into north Cyprus before the political situation of the past 30 years has even been settled,” he said.

Mrs Orams added: “Many of the British who have properties in the north are now very worried as to what will happen to them. Some of them sold up
completely in England and went to live in north Cyprus permanently.”

Apostolides, who has the original title deed to the land, told The Times on Monday: “The place is very dear to me and I am very much a person who wants to go back and to find a solution to the problem. The thing I will try to do is at least stop this feeling that it (Britons buying Greek Cypriot land) is an easy thing to do without consequences.”

Apostolides has no intention of capitalising on what has been built on his property, Candounas said.

Cyprus Mail 24/11/2004

Christofias: I’m ready to talk with Talat
By Simon Bahceli

AKEL leader Dimitris Christofias made a surprise appearance on Turkish Cypriot television on Monday night during which he called on Turkish Cypriot ‘prime minister’ Mehmet Ali Talat to join him at the negotiating table and spelled out measures his government would like to see implemented by Turkey ahead of the start of EU accession negotiations.

Turkey is hoping to receive a green light from the 25-nation bloc for the start of accession processes at the EU summit on December 17. Cyprus, however, has warned that it reserves the right to veto the start of negotiations or call a halt to them once they are under way if it feels Turkey is not fulfilling commitments to resolve the Cyprus problem.
Appearing on the north’s privately-owned Channel T in a programme recorded in his offices earlier on Monday, Christofias said that while he wanted to see a solution to the Cyprus problem based on the Annan plan, he wanted variations in the plan that would see the scrapping of the rights of Turkey and Greece to intervene militarily on the island.

“We are not against treaties of guarantee, but we do not want this to include the right of intervention militarily,” Christofias told the programme before launching a stinging attack on the roles played by the two motherlands Greece and Turkey in the lead-up to and aftermath of the 1974 invasion.

“In the past, the motherlands did not behave like motherlands. The 1974 coup, organised by the fascist Greek junta, was effectively an invitation to Turkey to intervene on the island,” Chroisifias said.

“As Turkey invaded, it said it was doing so to restore normality and that once that was done it would withdraw. But the soldiers are still here,” he added.

Christofias said he believed there was no longer a need for a Turkish right of intervention on Cyprus.

“Turkey has to understand that we have matured; that we are no longer interested in conflict,” he said.

He also called for a clear indication from Turkey and the north of how many Turkish settlers they wished to see remaining on the island after a solution. He threw doubt on figures presented by the Turkish Cypriot authorities prior to the referendum on the Annan plan last April, which stated there were only 41,000 officially registered Turkish mainlanders in the north.

“The Annan plan foresaw 45,000 settlers staying. They [the Turkish Cypriot authorities] produced a list which included Hasan, but not his wife or his children. In other words, the real figure could be 50,000; it could be 70,000.”
Asked whether he would accept a revised figure of 50,000 settlers Christofias replied, “Yes, I would. For the first time I am saying this through your channels. Fifty thousand I except, but the remainder would have to leave.”

Christofias stated he was ready to meet with Turkish Cypriot ‘prime minister’ Mehmet Ali Talat to thrash out a revised solution to the Cyprus problem.

“I can meet my friend Talat in the north, but to go there I have to obtain a visa, and this is something I will never accept. If they lift the visa requirement, I’ll meet him in the north. If not, we can meet in the south. If Talat won’t come to the south, we can meet at Ledra Palace. I want to tell him now that I am ready to meet,” Christofias said.

He added that the restart of discussions between the two sides could have a “small but positive” influence on Turkey’s chance of getting a date for the start of accession negotiations.

But Christofias remained adamant nothing would change the fact that Turkey had to adhere to EU demands - most importantly that it recognises the Republic of Cyprus.

Asked whether Turkey’s recognition of the Republic would need to come before the crucial December 17 summit, Christofias said, “Without recognition [of the Republic], Turkey cannot come in [to the EU]. Especially during the negotiation period, it cannot say I recognise 24 states but not one of them. This would be against the stance of the union”.

Responding to Turkish Cypriot worries that once Turkey recognises the Cyprus Republic the community would face becoming a minority in a Greek Cypriot state Christofias said, “After Turkey recognises us it will be in a position to begin negotiations with us. What we want to see is a solution based on the Annan plan and a bizonal, bicommunal solution as accepted by Makarios.”

Christofias added, however, he believed it was necessary for these things to be agreed before the official start of Turkey’s accession negotiations.

Cyprus Mail 24/11/ 2004

Serdar partition comments dismissed as ‘typical threats’
By Sofia Kannas

THE government yesterday played down comments by the Turkish Cypriot leadership that a Cypriot veto against Turkey getting a date for the start of accession negotiations for entry to the European Union would finalise the island’s division.
Serdar Denktash said a veto next month would amount to a decisive partition of the island.

But Government Spokesman Kypros Chrysostomides said: “These statements reinforce the politics followed by Rauf Denktash, Turkey in general, the expansionist policy of Turkey and the dividing policy of Rauf Denktash.”

“Threats were always a part of this policy.”

Meanwhile the website of Turkish daily Hurriyet reports that Turkish Foreign Minister Abdullah Gul has suggested that any attempt by President Tasos Papadopoulos to get improvements made to the Annan Plan for Greek Cypriots by playing the veto card, would be unfair.

"As far as we are concerned the Annan Plan is finished,” he said.

“The Greek Cypriots should pay the price for rejecting this plan."

The Foreign Minister also stressed that Ankara had done its part towards trying to promote a solution: “Turkey and the Turkish Cypriots always appeared to be intransigent. Now, everything has changed,” he said. "We did what was required of us. The Annan Plan did not meet our expectations 100 per cent but…compromise is a way of life in today's civilized world. However you make this compromise the opposing side must do the same. We made a compromise and said Yes. The ball is now in the Greek Cypriot court."

Cyprus Mail 24/11/2004

Bulldozing an ancient site: Turkish Cypriot developers say they’re willing to bring in the archaeologists
By Simon Bahceli

THE row over whether a Turkish Cypriot construction company should be allowed to build on the site of a Bronze-Age necropolis in the village of Kazafani outside Kyrenia resurfaced yesterday with the company at the centre of the debate calling on the north’s authorities to join them in excavating the site.

The offer coincided with a renewed debate over the site’s status within the Turkish Cypriot administration. In line with local law, the antiquities department has reissued its application for the site to be recognised as a grade one archaeological site. The application is currently waiting for ratification by the ‘economy and tourism ministry’, after which its status will be published in the official gazette.

The argument first erupted in June, when the north’s antiquities department called a halt to development of a 40-donum site, known as Vounos, into a complex of luxury housing for sale to predominantly British clients. The department had, unbeknownst to the company, declared Vounos a grade one archaeological site on May 27 this year, but not soon enough to prevent extensive bulldozing of the Bronze Age relic.

Sercem Construction Ltd, the company at the heart of the row, say they did not know the site was of archaeological interest when they bought it and believe they are being victimised by the authorities.

“I would be happy if the antiquities department came and said ‘we are closing the site for six months to do tests’,” company sales manager Hasip Izzet told the Cyprus Mail yesterday, adding that Sercem would be more than willing to provide the funds for such a project.

Izzet said also that his company had made a number of similar offers aimed at reaching a compromise solution. These included building around the tombs and even opening a museum displaying artefacts founding during construction work at the site.

Izzet is adamant, however, that little of interest remains on the site.

“There were excavations here in the thirties and sixties, so whatever was here has long since been taken away. But if the antiquities department want to send archaeologists to watch over us while we work, they are welcome to do so.”

Izzet showed the Mail a copy of a report on Vounos by a Greek Cypriot archaeologist, which also claims there is little of interest remaining at Vounos. The report was, ironically, commissioned by the north’s antiquities department to demonstrate the importance of the site.
The report shown by Izzet concludes: “I have no hesitation in supporting the view that the owners of the land can proceed with its development, provided there is an archaeologist present for any unexpected but welcome surprise that the earth of our country may hold for us.”

Officials at the antiquities department insist, however, that a compromise over Vounos would lead to the destruction of an important part of the island’s heritage.

“The experts have stated their case that the site is of major importance. I don’t see what people in the ministry or the Attorney-general can say on the issue,” a source close to the antiquities department told the Mail.

‘Economy and tourism minister’ Dervish Deniz, in whose court the Vounos ball now lies, said yesterday there were “conflicting” views over the status of the site and that he would be seeking a “fair and legal outcome” to the row.

“Some say parts of the site should be preserved, while others say all of it needs protecting,” Deniz told the Mail.

He added that a complaint had been sent by Sercem to the ‘Attorney-general’ and that he would be seeking his advice before making a decision. He said he was aware international interest in the case meant “a wrong decision” could tarnish the north’s image abroad.

The antiquities department source was scathing over Deniz’s comments and said: “I don’t know what conflicts he is talking about. Either you protect your heritage or you don’t.”
Meanwhile, Sercem say the ongoing debate is costing them dearly.

“We had customers lined up to buy 16 of the 32 properties on the site. Only three of them are still with us and are looking at alternative properties in our portfolio,” Izzet said.
He added that the company would have made between £7 and 8 million sterling on the sale of luxury properties on the site.

“The government should compensate us for what we stand to lose, or they should offer us another piece of land”.

Izzet admitted, however, it would be difficult for the north’s authorities to come up with a suitable alternative.

“The land is an original Turkish Cypriot property and is one of the most beautiful spots I’ve seen on the island,” he said.

Cyprus Mail 24/112004

Use that veto
By Jean Christou

Public sentiment leans towards keeping Turkey out of EU

A MAJORITY of Greek Cypriots are against Turkey securing a date for the start of EU accession talks and believe the government should use its veto to block the move, according to a survey published yesterday.

The poll was carried by the College of Tourism and Hotel Management and surveyed over one thousand Greek Cypriots to learn about their views on Turkey's bid to join the European Union, said Craig Webster, head of research at the college.

"The prevailing approach is that Turkey should not be given a date because it does not yet meet the necessary criteria to be an EU country and that Turkey has not yet dealt properly with the Cyprus problem," Webster said.

“Very few of the responses showed an overt ethnic bias against Turks or an anti-Islamic bias against the population of Turkey.”

The poll found that 63 did not feel Turkey should be given a date because of lack of progress on the Cyprus issue and with Turkey's inability to meet the EU criteria. Only a small minority shows an overt anti-Turkish ethnic or anti-Islamic bias. However, about one quarter of those surveyed said that they are in favor of giving Turkey a date for commencement of accession talks.

While 71 per cent of residents in the Nicosia district were against granting the commencement date, the corresponding figure for Limassol was only 53 per cent. Other groups that appeared to be significantly against granting the date are the college or university educated at 68 per cent.
Respondents over 65 years of age were considerably more in favour of granting the date, which at 39 per cent was higher than any other age group. Those between 18 and 24 were the least likely to be in favor of granting Turkey a date. Only 14 per cent said that they were in favor of it. There were no significant differences in how refugees and non-refugees look at this issue, Webster said.

Almost 60 per cent of those polled said Cyprus should use its power of veto to prevent Turkey from gaining date for accession talks, if other European Union countries were in favour. Around 28 per cent were not in favor of using a veto under those conditions and many felt that it would be best to go along with what other member states wanted, and that Cyprus should not "make waves" as a new member.

Residents of Nicosia (63%) and Paphos (71%) were most in favour of using the veto, along with 66 per cent of the 18-24s.

Although 57 per cent believe Turkey should not be in the EU at all due to the Cyprus problem and Ankara’s poor human rights record elsewhere, 65 per cent feel that Turkey will be a member twenty years from now anyway.

“This finding illustrates a level of fatalism in the Greek Cypriots in that the forces propelling Turkey toward membership in the European Union will be successful in the end, despite the Republic of Cyprus' influence as a member,” the study said.

A strong minority (34%) of respondents indicated that they were for Turkey's membership in the EU. Males and older respondents are the most likely to be in favour or Turkey's membership. Nearly 40% of males and nearly half (47%) of persons over 65 years of age are in favor of Turkey's membership.

”The Greek Cypriots generally see the internal political situation in Turkey as the major obstacle to solving the Cyprus problem and link this with the necessary moves to becoming a full-fledged member of the European community of nations.”

Cyprus Mail 26/11/04

Lost in limbo
By Simon Bahceli

Three villages’ cry for help

REPRESENTATIVES of the refugee Turkish Cypriot populations of Morphou, Lyssi and Yialousa say their people are close to breaking point as a result of continued uncertainty over their rights to inhabit the three settlements.

If the UN-proposed Annan plan had been accepted by both communities in April’s referendum, Morphou and Lyssi were to have been handed over to Greek Cypriot administration while the original Greek Cypriot population of Yialousa was to be allowed to return under Turkish Cypriot rule.

“I am scared that anarchy could break out here if something is not done soon. I don’t know how much more patience our people have,” the Morphou (Guzelyurt) District Development Association head Hakan Kuntay told the Cyprus Mail yesterday.

His comments followed a meeting in Yialousa on Wednesday in which representatives of the three districts gathered to discuss falling morale and economic stagnation among their populations.

“One day there is going to be a solution, and most likely it will be based on proposals put forward by de Cueller, Galli and Annan which see the Turkish side giving up land. This means people will have to be relocated,” Kuntay said, adding that a continuation of the current situation could cause civil unrests that would hinder efforts to find a peaceful solution to the island’s division.

Lyssi (Akdogan) Solution and Solidarity Association (ACDD) leader Cengiz Alp said that since his village was put on the list of places to be handed over to the Greek Cypriot side the community had fallen into decline and that no investment had been made in the area.

“As time goes on, our area is getting more and more depressed. It is becoming like a ghost town,” he said.

Head of the Tyllirian Association (DD) Erdogan Ozbalikci representing the people of Yialousa (Yenierenkoy) called for a legal solution to the problem saying, “The Annan plan proposed a solution, but if that cannot be implemented, we have for find other legal ways around the problem.

One way or another, the rights of our people have to be protected”.

He added that some Turkish Cypriots living in Yialousa wished to return to their pre-1974 homes in the Tylliria region in the west of Cyprus, but wished to remain in Yialousa, but wanted to do so on a legal basis.

All three representatives called on the EU and the international community to help find a way out of the current crisis.

“Where is the EU? Where is the international community? We said ‘yes’ to the Annan plan and it is we who are being forced to suffer?” Kuntay asked.

“People in Morphou cannot live like normal people any more. No one even paints the walls of their houses because we can’t call the buildings we live in our own,” he added.

As well as in the international community, he called on the north’s ‘government’ to devise a policy on the issue.

“We can’t go along with {Mehmet Ali] Talat’s policy of waiting and keeping quiet so that Turkey gets a date [for the start of accession negotiations] from the EU. We showed our willingness to make sacrifices for peace through our yes vote to the Annan plan, but now our patience has run out,” Kuntay said.

“The rest of the island continues life normally, buying properties, upgrading their houses, but we can only sit back and watch.”

He added that those who said the Annan plan was dead were sentencing around 50,000 Turkish Cypriots to “another ten or 30 years of purgatory”.

“All the plans put forward for territorial adjustment by the UN have foreseen Morphou being transferred to the Greek Cypriot side, so people here see it as a matter of time before we have to move,” said Kuntay.

The three representative say they are on the verge of beginning a high-profile campaign to raise the international community’s awareness of their plight, beginning with a press briefing next week.

Cyprus Mail 27/112004