Independent In-depth Paragraph by Paragraph Analysis of the Implications of the Annan Plan

Foundation Agreement

Article 6 The Supreme Court

2. It shall comprise an equal number of judges from each constituent state, and three non-Cypriot judges until otherwise provided by law.

Comments

This above system of appointing judges is unrepresentative of the population of each constituent-state and will therefore be unfair to the majority of the people of Cyprus. The principles of the above article deviate from UN Resolutions and the definition of Political Equity given by the Secretary General in the eleventh paragraph of annex I to his report dated 8 March 1990 (S/21183); noting that it is not the same as numerical equality.

At present the Turkish Cypriots number 85,000 where as the Greek Cypriots, Armenians, Maronites, and Latin’s number 700,000. A ratio of 11% to 89% cannot possibly justify giving the residents of one constituent state the right to hold an equal number of posts on the supreme court. In any case any judge can easily change his place of residence in order to qualify for appointment so the system envisaged is completely unworkable. If Mr Annan’s intention is that the judges from each constituent-state are to be from one community alone then this would tantamount to a system of legal apartheid and will result in judicial deadlock and resentment among the majority of the Cypriot people.

The idea that 3 non-Cypriots should sit on the supreme court will cause resentment among the majority of the Cypriot people and judiciary by giving the perception that they are incapable of carrying out justice fairly. Cyprus conforms to all EU norms concerning the judiciary and the courts so 3 non-Cypriot judges are not necessary.

The above paragraph must be amended so that it adheres to the principles of fairness and equality and does not cause resentment.

Amendment Required

2. It shall comprise of judges from each constituent state appointed in proportion to the number of residents in each canton.

Clarification Required

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