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Bias and inertia inflict a mortal wound on peace - 18 May 2009

My first thought when the Orams verdict was made public on Tuesday was “rezalet!” (disgrace). Not unexpectedly the European Court of Justice found in favour of the Greek Cypriot side, with massive implications for thousands. As a flurry of emails ensued, my anger started to boil over at the biased European Union, the ineptness of the Turkish Cypriots, and at the under-handed Greek Cypriots.

Let’s start with the TRNC side. How you get Hasan Vahib – a legal aid lawyer from Green Lanes Harringay (North London) – to head up the legal team for this landmark case is beyond me. At stake is the future well-being of thousands of not only EU citizens who have invested in North Cyprus, but also Turkish Cypriots. You have to put your best team forward, not your best mate.

Then there’s the plethora of mistakes the TRNC legal team made, including failing to object to ECJ judges with obvious bias; Vasilios Skouris is the Greek head of the ECJ, while Greek Cypriot judge Yorgos Arestis is the husband of Myra Arestis who successfully sued Turkey via the European Courts for her former property in the TRNC. I’m also not convinced on the points of law the TRNC side argued when this issue was in front of the UK courts; we failed to stress the historical context for Cyprus and the rights of Turkish Cypriots.

And where was the quality PR support to explain the TRNC position before and after the case? The world has yet to learn that Larnaca and Paphos airports are built on Turkish land, while Turkish villages like Vroisha were totally destroyed by Greek Cypriots in the 60s, their inhabitants forbidden from returning and prevented from gaining any decent compensation. Indeed, five years after first lodging a complaint about the Republic of Cyprus, the Helvacioğu family, who own the land Larnaca airport was built on, are still waiting to have their case heard at a South Cyprus court. Without this hearing they cannot move the case to a European setting. An international PR firm should have been used to highlight all these hypocrisies and create a stink immediately after the judgement. Instead we saw the usual inertia from the TRNC authorities. We’ll move on…

The EU, by allowing this biased decision at the ECJ, has given to the Greek Cypriots what they could not achieve by force in the '60s and early '70s, namely the right of full sovereignty over Cyprus. They have no such right historically, legally or politically, yet the EU seems not to care. And by recognising the Greek-run Republic of Cyprus as the sole valid authority on the island, the EU has single-handedly undermined all the work of the United Nations over the past 35 years. Out goes all the work to produce a fair and comprehensive political settlement that respects the political equality of both sides and the fundamental parameters for such a solution, namely a bizonal, bifederal system of living and governance. Through the Oramses and other similar cases, Greek Cypriots now have the right of return to the North and Turkish Cypriot rights are totally sidelined.

Post Orams, I don’t believe any Turkish Cypriot can have faith in the EU any more. This decision, solely in favour of the Greek Cypriots, is the latest of many kicks we have had in the teeth. Numerous promises were made about lifting our isolation. None have been kept. The EU told us they want to “level the playing field” and boost the TRNC economy to help reconciliation and the unity of Cyprus. Yet this ECJ decision will have the very opposite effect.

Time and again we see the only people in Cyprus who seem to matter for the EU are those who live in the South. Those in the North continue to remain invisible in the eyes of both the politicians and their lawmakers, forced to live under apartheid conditions in their own homeland with the full blessing of the EU.

For now, President Christofias and co will sit smugly knowing that although Turkey thwarted EOKA oppression, they and Turkish Cypriots are powerless against the Greek Cypriots as EU members. Taken to its logical conclusion, the Orams case now sets a terrible precedent that allows the South Cyprus courts impunity to order the arrest of anyone across the EU they deem to have transgressed their property laws, while potentially giving them the right to stop any European company or place them under investigation for “illegal business” in North Cyprus and sue anyone (individual or legal entity) they deem to have utilised a "[Greek] Cypriot" resource.

Of course, the Greek Cypriots have been cunning in creating this winning formula. Like a good game of chess, they have planned their strategy for years. Move by move, they have sought to checkmate the Turkish Cypriots and post-Orams they must feel ever so close to that. From lodging property cases against Turkey at the ECHR, to seeking entry into the EU and then using their power of veto to obstruct pro-Turkish Cypriot actions – even in areas of basic human rights – the Greek Cypriots have manoeuvred themselves into a dominant position. Along with their brethrens in Greece, they now have a disproportionate share of voice across Europe on all matters affecting Cyprus and Turkey, while conveniently silencing the Turkish side.

The world may have forgotten that Christofias and his AKEL party were in league with Papadopoulos in saying no to Annan in 2004, but every day Turkish Cypriots continue to witness how the very politics and policies pursued by the former hardline President continue today. The only thing that has changed is that Christofias is willing to have regular cups of tea with his old lefty chum President Talat in the buffer zone and talk about solving the Cyprus Problem to the mutual satisfaction of both sides. Yet all the while, his administration continues to work towards blocking the lives and rights of Turkish Cypriots and anyone else who comes to live or invest in the TRNC, while reinforcing the Greek Cypriot hegemony on the island.

The Greek Cypriot side says they could not stop Mr Apostolides from pursuing his claims against the Oramses. Yet they, like the North, know this issue cannot be solved case by case. The property problems on the island are rooted in a political conflict and only a comprehensive solution can solve them. The talks between Christofias and Talat offered the best chance for this. Instead, the South went for one-upmanship. In doing so, Cyprus was mortally wounded with Orams. I’m not sure how the talks can continue. One thing’s for sure, the days of trust and good will are over. It’s now every side for itself.

Ipek Ozerim

“Published in Cyprus Today, 02 May 2009, © 2009 – all rights reserved’


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