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05 September 2003
Source: Cyprus Mail
Author: Alexia Saoulli
Prison threat on dealings with the north
GREEK
CYPRIOTS could face up to 10 years in jail if the House of
Representatives passes a bill next month which criminalises dealings
with unrecognised authorities in the occupied areas.
The bill would not include anyone who had been forced to co-operate
with the occupation authorities, such as the enclaved or Greek Cypriots
brought before a “court” in the occupied areas.
The bill was due to be submitted to the House by opposition DISY
yesterday, but will be considered instead on September 18, when
Parliament meets to vote on legislation relating to EU harmonisation.
If passed, the controversial bill would ban any active co-operation
with an organ or authority that was founded as a result of the presence
of occupation troops in Cyprus. Anyone found guilty of breaking the law
could face up to 10 years imprisonment.
However, the bill faced intense opposition from the government and
other political parties yesterday. Government Spokesman Kypros
Chrysostomides said: “This tactic is not appropriate and the government
is not in agreement with this policy.” The bill comes in the wake of
shock revelations that a Morphou refugee contacted Turkish Cypriot
leader Rauf Denktash seeking compensation on behalf of 15 refugees for
their properties in the occupied areas.
Denktash’s property compensation committee evaluates Greek Cypriot
refugees’ applications for compensation or exchange of property in the
occupied north, and was set up by Turkey as the domestic remedy, which
Greek Cypriots must first exhaust before applying to the European Court
of Human Rights (ECHR) for loss of ownership and use. This follows
Titina Loizidou’s landmark win against Turkey, in which the ECHR ordered
Ankara to pay about $900,000 for the loss of use of her property in
Kyrenia, plus moral damages, costs, and interest.
Applicants to the ECHR must first exhaust all domestic legal
remedies, but Greek Cypriot refugees had been able to apply straight to
the court because of the Turkish occupation. The ECHR is now examining
Turkey’s claim that the commission should serve that purpose. DISY
leader Nicos Anastassiades said yesterday the bill sought to protect the
constitutional order, not to limit the practice of the right to free
movement. He said it was necessary in light of isolated applications to
Denktash’s compensation committees, which undermined the authority and
foundation of the Cyprus Republic.
But KS EDEK leader Yiannakis Omirou hit back and said it was
incomprehensible for Greek Cypriots to weaken the Republic’s foundation.
He said the Republic and its foundations were sufficiently protected on
both a constitutional and legal level and that the penal code could
deal with any undermining of the constitution.
The United Democrats issued a statement saying that the few
isolated cases should be dealt with “with determination” and not legal
or punitive measures. “The main message we must convey is that the
Cyprus Republic is a just state that does not alter its justice
according to political junctures. This will be the most persuasive
position before the international community as well as international
courts,” it said. Nevertheless Anastassiades said that based on the
constitution, the legal, executive and judicial authorities of the
Republic were obliged to ensure the effective implementation of the
constitutional order of Cyprus, which was why a special law was
necessary.
Anastassiades admitted he and President Tassos Papadopoulos
disagreed over the bill. He said: “The President claims, and I
completely respect his opinion, that we can in no way deprive the right
of free disposal of property and we are saying that it is not a matter
of free disposal, since it isn’t even free.”
The DISY chief added that if the bill was passed it would in no way
affect the ECHR decision on the existence of the compensation
commissions.
Anastassiades expressed the conviction that when discussed the
proposal would have the best possible outcome because “we all want to
avoid the resolute alienation of property from their owners and the
irrevocable implementation of Ankara’s and the Turkish Cypriot leader’s
plans for the creation of two separate states, which is what Mr Denktash
is after”.
Legal Affairs Committee member and DISY deputy Ionas Nicholaou said
the bill was not considered yesterday because “it (was) a special
meeting based on a set daily programme and it was therefore not possible
for any other bills to be submitted”."
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