ACTION CYPRUS

AN HEC PROJECT

Justice for Cyprus

The Solution

The minimum prerequisites for a lasting solution of the Cyprus problem are abundantly clear to all since these are the basic universal principles embodying respect for human rights, democracy and security.

None of these universal principles can be allowed to be derogated in any way to appease the aggressor since it would not only undermine the basis of western law, society and civilisation but it would also give a mandate to every aggressor to act with impunity in their violation.

1) All Turkish troops must be removed from Cyprus soil.

This action is non-negotiable and must be taken by Turkey immediately so that it complies with Article 2 Paragraph 4 of the United Nations Charter. "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations".

Every relevant United Nations Security Council Resolution from Resolution 186 (1964), which dates to the time when military aggression against Cyprus began, to the present day demands that this principle be implemented, including Security Council Resolution 353 (1974) passed on the day of the first wave of the Turkish invasion of 1974.

United Nations General Assembly Resolution 37/253 (1983) specifically demands the "immediate withdrawal" of all Turkish "occupation forces" from the Republic of Cyprus.

The above also demand the end of any further Turkish interference in Cyprus affairs.

2) All Turkish colonists and their descendents must be repatriated.

Again this is not a matter for negotiation but implicit in the application of international law.

The Convention on the Prevention and Punishment of the Crime of Genocide equates the ethnic cleansing of the Greek Cypriots from the occupied areas and its subsequent colonisation by non-Cypriot Turks implanted from the Turkish mainland and Turks from Bulgaria, with Genocide.

Article 2 (c) of the convention states that "deliberately inflicting" on a group "conditions of life calculated to bring about its physical destruction in whole or in part;" is defined as Genocide.

This has been taken by the international community to encompass the movement or transfer of populations by use of force including acts of "ethnic cleansing" and "colonisation"

Resolution 1987/19 (1987) of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities; "Expresses its concern at the policy and practice of the implantation of settlers in the occupied territories of Cyprus which constitute a form of colonialism and attempt to change illegally the demographic structure of Cyprus;"

3) All the refugees must be allowed to return in freedom and in safety.

Once more this prerequisite is non-negotiable and has been demanded by the United Nations in General Assembly Resolutions 3212 (XXIX) (1974) & 37/253 (1983).

The European Court of Human Rights has also ruled that the property rights of the refugees are inviolable, regarding both residential and commercial property including farms and that Turkey must allow the refugees to enjoy their properties with just satisfaction. This has been stated by the ECHR in the judgments against Turkey in the cases of Loizidou vs. Turkey (no. 40/1993/435/514) and Cyprus vs. Turkey (application no. 25781/94) which found Turkey guilty of mass violations of the human rights of both Cypriot communities.

It is clear from the above that the mandate of international community is to remove the illegal Turkish occupation forces from Cyprus and reverse the illegal Turkish colonisation since by no other way can the refugees be expected to return to their homes as demanded by the European Court of Human Rights verdicts and the resolutions of the United Nations.

The solution cannot impinge on or derogate the Acquis Communautaire of the European Union which means that the freedom of movement, the freedom settlement and the right to property of the refugees must be respected. This is also demanded by the United Nations in General Assembly Resolution 37/253 (1983). Therefore any form of forced partition or apartheid is outlawed. Since 90% of the property in the occupied areas is legally owned by the refugees this must be retuned to them and they must have the same democratic and legal rights and any other citizen of an EU member state.

As stated on 26 October 2001 by Romano Prodi the President of the European Commission on an official visit to Cyprus "...we can't make any exception neither with Cyprus or with any other country, to human rights, rule of law, acquis communautaire. These serve the general rules. There cannot be any exemption from these general rules."

The solution of the Cyprus problem is not a matter of reaching an accommodation with Turkey by giving it concessions in order to appease it but is a matter of making Turkey comply with international law without one single concession whosoever. This is what was expected of other evil dictators such as Saddam Hussein, Slobodan Milosovich, and the Taliban and this is what must be expected from Turkey.

Reperations

The ruling of the European Court of Human Rights in the case of Loizidou vs. Turkey has set a legal president for the payment of reparations by Turkey to the Republic of Cyprus and the victims of its policy of destrution and ethnic cleansing.

By a vote of 15-2 Turkey was ordered to pay Titina Loizidou (from the Turkish occupied town of Kyrenia) pecuniary damages of £300,000 Cyprus pounds to compensate her for what she could have earned on her properties between 1989-1997, and a further £20,000 Cyprus pounds non-pecuniary damages for the denial of access to her properties and the loss of just satisfaction. (£1 ~ $1.5)

The ECHR ruling in the case of Cyprus vs. Turkey indicates that not only were the rights of Ms Loizidou violated but also those of every one of the 200,000 refugees who also have the right to enjoy just satisfaction of their properties in the occupied areas.

On the basis of the Loizidou ruling Turkey will have to pay each refugee £2,500 Cyprus pounds non-pecuniary damages for every year of its illegal occupation. From 1974 to 2001 this would total £13,500,000,000 Cyprus pounds.

If the economic value of the properties is also assessed in the same way then every property owner will be entitled to pecuniary damages averaging about £37,500 Cyprus pounds to compensate them for what they could have earned on their properties for each year of the occupation. For 200,000 land owners, businessmen and farmers this could add up to £202,500,000,000 Cyprus pounds.

On top of this Turkey will also have to compensate the refugees for the restoration of the damage it has caused to their properties, averaging about £20,000 Cyprus pounds per refugee or £4,000,000,000 Cyprus pounds.

There is also the question of the property of the Orthodox Church which Turkey will have address. Over 500 Churches have subject to systematise plundering, destruction and desecration by Turkey. Up to 15,000 priceless Byzantine icons and religious vessels have been stole and sold on the black market, many irreplaceable mosaics were ripped from the walls and floors of church building to suffer the same fate. Churches and their out-buildings have been turned into sheep pens, brothels and public latrines, as well as hotels and tourist complex's resulting in the utter annihilation of entire grave yards.

Since Turkey has already been found guilty of these crimes against humanity by the European Commission of Human Rights on two previous occasions Turkey will have to pay for the Churches to be restored and the icons, vessels and mosaics to be recovered. A conservative estimate would put the cost of this at approximately £40,000,000 Cyprus pounds for every Church, totalling £20,000,000,000 Cyprus pounds.

The estimated total amount of reparations which Turkey must pay is £240 Billion Cyprus pounds or $360 Billion US dollars.

Turkey cannot expect to be rewarded for the crimes it has committed in Cyprus and the Cypriot refugees cannot be expected to bear the burden of Turkeys destruction of their cultural heritage and livelihood a second time.

Turkey must be compelled to pay reparations by the West or else face isolation.

© 2001 HEC and Argyros Argyrou. Updated on 4 November 2001.