Independent In-depth
Paragraph by Paragraph Analysis of the Implications of the Annan Plan
Foundation Agreement
Article 10 Property
|
3. In areas not subject to territorial
adjustment, the arrangements for the exercise of property rights, by way of
reinstatement or compensation, shall have the following basic features: |
Comments
By the route of omission this ideology of this paragraph is that in areas not subject to territorial adjustment dispossessed owners will continue to remain dispossessed contrary to human rights norms, and in direct violation of the judgements of the European Court of Human Rights and UN resolutions. In simple words Kofi Anann has no intention of respecting the rights of property owners.
This article seeks to deny the disposed owners of their legal right to compensation for the fact the they were dispossessed and unable to enjoy use of their property. This article expressly states that property owners will remain disposed owners because their properties will not be reinserted. Based on the maps and figures given in this plan this will amount to over 100,000 Greek Cypriot refugees. This plan deliberately construes to deny these 100,000 refugees their right to return to their homes and their right to justice and compensation in the European Court of Human Rights for their loss of enjoyment of their properties by extra-judicially expropriating their properties en-mass and forcing them to accept extra-judicial compensation for their property that does not reflect the true value of their properties or the losses incurred by the property owners due to their being prevented from economically exploiting their properties. The valuation of properties will not take into consideration that after reunification the property values in the occupied areas will sky rocket because of new investment and development of tourism and commerce within the EU.
Detailed study to the full provisions of this plan in Annex VII shows that the compensation to the property owners will not be paid by the party that is legally culpable which is Turkey as it has been ruled to be responsible for the crimes committed against the refugees including the denial of their property rights by the European Court of Human Rights, but by the Cypriot Tax Payers including the refugees. The refugees will be told that they must compensate themselves with their own money for their own properties and will be given promissory notes or so called “Bonds” to cover the short fall paid for out of taxation. The promissory notes will in effect be worthless pieces of paper because the money does not exist to cover the value of the properties which amounts to half a trillion euros. None of these promissory notes or so called “Bonds” will even be redeemable until 15 years have elapsed assuming the money can be found in some other way which is highly unlikely unless Turkey is forced to pay reparations. The majority of refugees will never see a single penny in compensation during their lifetime and will be worse off than they are now.
In 1999 an independent panel of highly respected legal experts concluded that the expropriation of property on this kind of scale even where compensation is paid is totally unacceptable and completely illegal in international law*.
As stated earlier there no guarantee that Turkey will withdraw its illegal forces and colonists or return the territory it illegally occupies when this agreement comes into force therefore Turkey must remove its illegal troops and colonists from Cyprus soil prior to the enactment of this Agreement.
Paragraph 3. is completely illegal, and violates the rights of the refugees and thus cannot be tolerated.
Amendment
Required
“3. All occupied areas
will be subject to return to the Republic of Cyprus to its full satisfaction
before the constitutional, governmental and institutional changes foreseen by
agreement can take effect. Properties shall immediately be reinstated to all
dispossessed owners on the basis of ownership in accordance with the law and
the register of properties without delay or deliberation”
Clarification Required
< Previous Page I Index |
Next Page >
revised 06/03/04