Independent In-depth
Paragraph by Paragraph Analysis of the Implications of the Annan Plan
Foundation Agreement
Article 12 Past acts
|
1. Any act, whether of a legislative,
executive or judicial nature, by any authority in Cyprus4 whatsoever, prior to entry into force of this Agreement, is recognised
as valid and, provided it is not inconsistent with or repugnant to any other
provision of this Agreement or international law5, its effect shall continue following entry into force of this
Agreement.6 No-one shall be able to contest the validity of
such acts by reason of what occurred prior to entry into force of this
Agreement. 4 Observation: The term Cyprus here is to be
understood in the sense of the island of Cyprus excluding the Sovereign Base
Areas. 5 Observation: This refers to questions of
substantial international law and not to any question of the legitimacy or
status of the relevant authorities under international law. 6 Observation: Matters of citizenship,
immigration, and properties affected by events since 1963 are dealt with in a
comprehensive way by this Agreement; any validity of acts prior to entry into
force of this Agreement regarding these matters shall thus end unless they
are in conformity with the relevant provisions of this Agreement. |
Comments
This article constitutes a flagrant violation of UN Resolutions 541 (1983) and 550 (1984) which render the Turkish puppet state in the occupied north “legally invalid”. If this article were to be accepted the legislation, and all other acts of the “legally invalid” TRNC would be legalised. Kofi Annan is obliged to respect the Resolutions of the organisation he heads and must amend this paragraph accordingly.
Detailed examination of Observation 6 in conjunction with the full text of this plan shows that it is part of a deliberate attempt to deny the Greek Cypriot refugees and the Republic of Cyprus any from of redress from the European Court of Human Rights in future cases and in cases outstanding. No legislation or acts of the Republics of Cyprus violate EU law or the European Convention of Human Rights or UN Charter but there have been miscarriages of justice. Why should Mr Annan want include a cause preventing the victims of miscarriages of justice from contesting them.
The only thing that is inconsistent with or repugnant to international law is this agreement itself and therefore it cannot stand.
Amendment
Required
1. Any act, whether of
a legislative, executive or judicial nature, by any authority under the
auspices of the Republic of Cyprus whatsoever, prior to entry into force of
this Agreement, is recognised as valid and, provided it is not inconsistent
with or repugnant to international law, its effect shall continue following
entry into force of this Agreement.
Clarification Required
Does Mr Annan seek to prevent the victims of past miscarriages
of justice from contesting them ?
< Previous Page I Index | Next Page >