Independent In-depth
Paragraph by Paragraph Analysis of the Implications of the Annan Plan
Foundation Agreement
Article 10 Property
|
4. Property claims shall be received and
administered by an independent, impartial Property Board, composed of an
equal number of members from each constituent state, as well as non-Cypriot
members. No direct dealings between individuals shall be necessary. |
Comments
In 1999 an independent panel of
highly respected legal experts concluded that the creation of the an
extra-judicial property expropriation board such as the one envisaged by this
plan is totally unacceptable and completely illegal in international law*.
This paragraph in conjunction with the detailed provisions of the Annan plan seeks to deny the refugees the right of access to the courts including European Court of Human Right to seek compensation for the loss of enjoyment of their property and just satisfaction. The full detailed wording of this article in the main body of the plan forces the refugees to renounce their right to resort to the courts for justice including the European Court of Human Rights and demands all existing cases be thrown out. This article is completely intolerable and unacceptable and must be revoked.
Amendment
Required
“4. Nothing in
this Agreement shall be interpreted or construed as seeking to derogate or deny
the individual or collective right of access
to the European Court of Human Rights. Property claims shall be received and
administered by the legal authorities
and in case of claims against Turkey by the European Court of Human
Rights.”
Clarification Required
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revised 06/02/04