Interim order freezes implementation of Mustafa ruling

THE SUPREME Court yesterday approved a request by the Attorney-general to prevent Turkish Cypriot Arif Mustafa from returning to his home in Episkopi until the appeal over the landmark decision is heard by the court.

Top legal chief Solon Nikitas filed an appeal against the decision, which gave Mustafa the right to return to his property immediately and sought an interim order preventing him from evicting the Greek Cypriot refugees currently housed there. The Greek Cypriot family’s lawyer, Christodoulos Taramoundas, also appealed on the same grounds as the Attorney-general.

The highest court in the land yesterday agreed to suspend execution of the decision until the appeal could be heard. Mustafa is expected in court on Friday to record his approval or objection to the interim order.

Interior Minister Andreas Christou warned yesterday that it was only a matter of time before more Turkish Cypriots used legal means to retrieve their properties. There are currently around 40,000 Greek Cypriot refugees living in Turkish Cypriot properties.
“It’s only a matter of time before similar cases come before the courts again. Let’s not fool ourselves, everyone has the right to go to court to seek justice,” said Christou.
“I don’t know about the Turkish Cypriots, various things have been heard, but the Greek Cypriot people have showed their preparedness to move elsewhere and solve their housing problem in a way that they won’t find themselves exposed again,” he added.

Government Spokesman Kypros Chrysostomides yesterday stressed that Cyprus was a country protected by the rule of law. Asked if the appeal would fail, exposing thousands of Greek Cypriot refugees housed on Turkish Cypriot land, he replied: “We respect court decisions and maintain legality on all levels and in all sectors.”
Meanwhile, Vangelis Pourgourides, son of DISY deputy Christos, responded to criticism yesterday by highlighting that the law office Christos Pourgourides had not represented or directed Mustafa to the courts.

He added that if asked, they would have done so, “not secretly but openly” as they had done with a letter they previously sent to the Interior Ministry on behalf of Mustafa.

Vangelis Pourgourides argued that it was Mustafa’s constitutional right to seek to return to his home, adding that if the state had helped him when he requested it, things might not have reached this stage. Mustafa had previously sent a letter via the law office, seeking rent assistance by the government until he could return to his home in Episkopi. The state refused, saying they would not return his house or give him another one, said Pourgourides.

Given his options, was it not foreseeable that he would seek redress in the courts, asked Pourgourides, who said the government offered Mustafa no alternative to the problem.
“When you want to keep your dignity and live under the rule of law without discrimination, who is the traitor and who is the patriot? Those who wanted to avoid going to court or those who caused it?” said Pourgourides.

Referring to the public reaction of political figures after the Supreme Court ruling in favour of Mustafa, he asked: “What did they succeed with their public statements, what message did they send to Turkish Cypriots?”