TCC Press Review 30 Jun 2019

Front Page Headlines

Yenidüzen

The basis to be taken in Maraş (Varosha) is the 1974 land register

An important name on cases concerning Maraş (Varosha) at European courts, Murat Metin Hakkı makes important statements to Yenidüzen. Hakkı says that claims that Maraş (Varosha) belongs to the Evkaf are baseless.

  • The air we breathe, the ground we walk on is the same – The Environmental Society of Lefke (Lefka) and the Laona Foundation spoke to Yenidüzen and Haravgi on the Civic Space Technical Support Project which is being financed by the European Union.
  • Minibus crosses over to the opposite land: One dead, five injured – Disaster on Kyrenia-Tatlısu (Akanthou) road. A minibus carrying passengers collided head-on with a truck coming from the opposite direction. 30-year-old Mehmet Yıldırım, a passenger on board the minibus was killed in the accident.

Kıbrıs Postası

“If Maraş (Varosha) is reopened, people must [physically] touch their homes, they must breathe there”

Environmental Psychologist for the Famagusta Ecocity Project, Ceren Boğaç spoke to Kıbrıs Postası on the traumas caused by Maraş (Varosha). She said the first thing people should do is go past the barbed wire and physically touch their homes.

  • Anastasiades broke his femur bone – President Akıncı called him to wish him a speedy recovery.
  • “Maraş (Varosha) is Turkish title-deed and is Evkaf property,” Ersin Tatar said.

Kıbrıs

Minibus tragedy

A minibus crossed over to the opposite lane before colliding with a lorry on the Kyrenia-Tatlısu (Akanthou) road. One passenger lost his life and five are injured.

  • Anastasiades fell and broke his femur bone – President Akıncı called him immediately to wish him a speedy recovery. 

Havadis

Roads drenched in blood again

News of yet another fatal road collision came from the Kyrenia-Tatlısu (Akanthou) road. 30-year-old Mehmet Yıldırım lost his life.

  • Maraş (Varosha) is Turkish title-deed, is Evkaf property – PM Ersin Tatar gave clear messages on Maraş (Varosha) during a seminar organized by TC Real Estate Agents Association and Mersin (Turkey) Chamber of Real Estate Agents.
  • Anastasiades’ freak accident – Greek Cypriot leader fell down the stairs at his home in Limassol breaking his right femur bone. President Akıncı called him to wish him a speedy recovery. Both agreed to meet once Anastasiades recovers.

Diyalog

14 lives in six months

One person was killed and five injured after a minibus collided with a truck on the Kyrenia-Tatlısu (Akanthou) road.

  • Hand us over the Turks – KTÖS (CT Teachers’ Union) General Secretary Şener Elcil and ten other Turkish Cypriots were attacked by members of the far-right ELAM during Greek Cypriots’ protest for Maraş (Varosha).

Afrika

Çangar’s title deed cancelled

Justice after nine years. A court ruled that businessman Mehmet Çangar had unlawfully acquired 9.5 dunams of land belonging to Seyhan Yıldırım’s company in Bellapais, Kyrenia. The court ordered the cancellation of Çangar’s title deed on the property in question. Afrika had reported the incident and called on the authorities to act in its September 12, 2010 edition. An investigation had been launched following Afrika’s reports and a legal case had been filed.

  • Greek Cypriots react to ELAM members, calling them “EOKA B murderers” – ELAM tried to disrupt Maraş (Varosha) protest in the south. Greek Cypriot protestors in support of peace silenced members of the far-right ELAM who tried to attack a group of ten Turkish Cypriots at demonstration telling them to “go and live in Greece”.
  • Victims of a lane violation –Horrific accident on Kyrenia-Tatlısu (Akanthou) road claims the life of one person and injures five others.

Main News

Debate rages on over Evkaf property claims in Maraş (Varosha)

Yenidüzen, Kıbrıs Postası, Kıbrıs, Havadis, Diyalog
Property, Territory

OVERVIEW

Lawyer Murat Metin Hakkı dismisses claims that the fenced-off city of Maraş (Varosha) is Evkaf property sparking a new debate.

In an interview published in Yenidüzen on Sunday, Hakkı said that according to international law the 1974 title register must be taken as a basis for all dealings with property in Maraş.

“All other claims are legally baseless,” he said.

Hakkı recalled that the Evkaf administration had been handed over to the Turkish Cypriot leadership in 1956.

He said that Turkish Cypriots were indeed kicked out of the government during the intercommunal clashes of 1963 but the judiciary continued to serve both communities until 1966.

“In fact, Makarios had appointed Zeka Bey as Chief Justice in 1965. Where were they during the ten years from 56-65? Why didn’t they launch any legal action on Maraş (Varosha)?” Hakkı asked.

Hakkı said that most of the original title deeds still existed and that when examined carefully one would see that most properties in Maraş (Varosha) in 1913 belonged to the Evkaf. However, these properties changed hands either through a process of exchange, sales or illegal possession. Contrary to claims it is possible to exchange Evkaf property even through financial transactions,” he said. 

Hakkı also explained that Maraş (Varosha) experienced a boom between 1964-1974.

“It is important not to forget that there is a statute of limitation on property claims which is 36 years. That means that if someone like the British had unlawfully transferred property then the period to object is 36 years. So, for example, if there was unlawful practice in 1925, the statute of limitation would have ended in 1961”, Hakkı noted.

He recalled that the Evkaf administration and community leaders had received £1.5 million in 1960 when the Treaty of Establishment was being drafted to develop Evkaf properties and for education purposes.

“In exchange for this money, the community leaders gave the assurance that they would not seek any legal action for restitution or compensation from the newly formed Cyprus state or the colony administration. This means ‘we willingly forgave any unlawful practices that might have taken place,” he said.

Hakkı argues that conducting an inventory is harmless but to proceed beyond that point will either force the Evkaf or the former residents out of the equation

“In order words, you can’t have the pie and eat it. The inventory will not affect anyone’s legal rights but any other move beyond that will either have to exclude the towns’ former Greek Cypriot residents or the Evkaf Administration,” Hakkı said.

Asked what consequences of reopening Maraş (Varosha) without returning it to its lawful owners would be, Hakkı said such a move would be legal and political suicide.

He argued that the best move would be to cancel the Famagusta court’s 2005 dated decision that “Maraş (Varosha) is Evkaf property and to return the properties over a phased period of five to six years through the Immovable Property Commission (IPC).

Hakkı recalled that the IPC has been experiencing difficulties paying out compensation since 2013 and that the total amount of compensation for finalised cases stands at £303 million.

“Of this amount, only £190 million has been paid, the remaining £113 million has still not been paid to the plaintiffs,” he added.

Hakkı also said that there was a total of 65 cases filed at the European Court of Human Rights (ECHR). 15 of these have to do with delays in or unpaid compensation, Hakkı said. He added that other cases had to do with Maraş (Varosha) or cases which haven’t been opened in the past seven years.

Hakkı said that a case he had filed in 2015 on behalf of a Greek Cypriot property in the possession of the Turkish military had dealt a serious blow to the IPC. He said that they had filed a foreclosure suit due to a delay in the IPC’s compensation payments and had acquired some of the money.

“The process that followed ripped the teeth out of the IPC. My client filed a case with the ECHR in 2016. The Turkish government agreed to pay the money and my client withdrew his case. But this move set a precedent and 15 other Greek Cypriot property owners who failed to receive their money filed cases with the ECHR. Settling isolated cases are not helping solve the problem experienced with the system,” he said.

Hakkı warned that this could threaten the future of the IPC, ending its recognition as an effective domestic remedy.

Prime Minister Ersin Tatar on Saturday claimed that Maraş (Varosha) was Evkaf property.

Speaking at an event organised by the Turkish Cypriot Real Estate Agents Association and Mersin (Turkey) Chamber of Real Estate Agents, Tatar said: “We have documents backing up these claims. It’s all Turkish owned property dating back to Ottoman times,”.

He claimed that Maraş (Varosha) was sold off by the British piece by piece after the Ottomans had rented out the island.

Tatar said that the properties had been unlawfully sold to the Greek Cypriots who had then constructed the city.

He also said that the title deeds given by the TRNC were all valid and binding.

Ceren Boğaç, Environmental Psychologist of the Famagusta Ecocity Project and an architect by profession spoke to Kıbrıs Postası on the traumas caused by Maraş (Varosha). She said the first thing people should do is go past the barbed wire and have physical contact with their former homes. Boğaç added all the other technical matters could be solved but that the only irreplaceable thing was people’s emotions. “Cities can be demolished and rebuilt; everything can be cleaned but the most important issue is to be able to heal people’s wounds,” Boğaç said.

Having been born in a house once owned by a Greek Cypriot in Maraş (Varosha), Boğaç said both Turkish Cypriots and Greek Cypriots felt the pain of being reduced to mere spectators to people’s memories on Maraş (Varosha).

She added it is for this reason we worked on developing a joint language of peace and a vision to bring the two communities through designing spaces for co-existence.

She added the Eco-city Project, in this regard, aims for a joint future, which will have environmental concerns in the forefront and will help heal the wounds of the people.

“The project does not present an architectural design for the fenced-off city but provides” a joint vision to the people to bring them around the same table,” Boğaç concluded.

The Famagusta Eco-city project core team members are Vasia Markides, Ceren Boğaç, Nektarios Christodoulou, Stelios Hadjiloizou, Fiona Mullen, Christina Elia and Armando Garma.


Akıncı reiterates commitment to a political solution in Cyprus

Kıbrıs Postası, Kıbrıs
Negotiations Process

OVERVIEW

President Mustafa Akıncı said the basic elements of a solution in Cyprus were the political equality, security and freedom of the Turkish Cypriot community. He added any other solution that which does not include these elements cannot be considered as a viable solution.

Akıncı was speaking at the opening ceremony of the İskele (Trikomo) Festival on Saturday.

He said he has been working towards a political solution that will ensure a secure and peaceful existence with equality and which will put an end to the uncertainties in Cyprus. 

“I shall continue to work to this end until the end of my term in office,” Akıncı said.

He said that life did not come to a halt just because there was no solution to the Cyprus Problem.

Akıncı added that the goal of a happy and prosperous future for the Turkish Cypriot community was the common denominator that united all in the north even if there were differences or disagreements in opinion.

Meanwhile, all six dailies reported that President Mustafa Akıncı called Anastasiades to wish him a speedy recovery immediately after he was informed of Anastasiades’ accident.

It is reported that the Anastasiades and Akıncı have also agreed to meet. “The two leaders have agreed to meet as soon as Anastasiades recovers,” a statement issued by the presidential office read.

The statement added: “the two leaders have agreed to achieve progress especially on confidence-building measures during their meeting.”

KEY ACTORS
Akıncı
>> Political equality, security and freedom of the TC community basic elements of a solution in Cyprus.
>> Any solution that excludes these elements cannot be considered as a viable solution.
>> Life does not come to a halt because of the absence of a solution.
>> Happy future of TC community common denominator that unites all in the north despite disagreements.


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