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The great divide

I am puzzled as to allegation that there are legal difficulties in respect of issues relating to the Republic of Cyprus and the Turkish occupied area of northern Cyprus. Neither the European Court of Human Rights nor the European Court of Justice have experienced any real difficulties over the issue and the legal precedents in their judgments set out with great clarity the legal position. In short Turkey illegally occupies the northern part of Cyprus and the Turkish Cypriot administration in the occupied area is nothing more than Turkey’s agent. Turkey is accountable for the actions of that local administration. The case of the Orams is a striking example. The law in Cyprus is very similar to the law in England, largely because of the previous British colonial history of the island. Accordingly someone who has unlawfully appropriated another’s property cannot give good title to that property. Mr. Apostolides was the true owner. When the Turks invaded they unlawfully appropriated that property and handed the same to a Turkish Cypriot and by a series of transactions, none of which could pass good title, the land ended in the hands of the Orams. The Orams new of suspected that the land was appropriated from Greek Cypriots and took advantage of the discount in price in purchasing that land associated with the fact that the original title deeds could not be given. In the English Court the Judge had no trouble in confirming Mr. Apostolides title to the land. Only technical issues arose in that case which have since been clarified by the European Court of Justice in Mr. Apostolide’s favour. Difficulties only arise when one tries to look at the legal issues from the eyes of the transgressor and by ignoring basic principals of law and or actual law. The transgressor must ignore the law as it could not otherwise justify its actions, nevertheless there is simply no need for anyone else to do so. If Turkey, the transgressor, is not given comfort in its presentation of its case, there is more likely to be a realisation of the dream of a united free Cyprus then if it is.

20-Jul-2009

1:04 pm