WHO CAN still recall the standard of living here for the majority in 1974? What percentage of refugees left behind one room mud and stone homes? And if unoccupied and left to rot for 36 years, are they now even worth the Turkish Lira revenue stamp cost of registration? We must stop living the myth of modern Cyprus and relive the reality of what was lost.
All refugees in the south with a claim to expropriated property in the north have been directed by the ECHR to first take their claims to the IPC (Immovable Property Commission) situated in the ‘TRNC’ half of Nicosia.
Our government’s response to this directive is, as usual, inconclusive. The Attorney- general Petros Clerides says it is an unjustifiable ruling, and our President Demetris Christofias says refugees should await the outcome of The Talks. But refugees no longer know what is or isn’t justifiable, or whether these talks will simply lead to further talks and no resolution on the property issue which, let’s face it, is what these talks are really all about. Never mind the side tracking – economy, governance and federation – who gives a hoot if refugees are never to be allowed to return to their homes, property exchanged or compensation paid.
Expropriated property should be the first item on any talks agenda, not the last. Spoon feeding refugees endless political claptrap, keeping them in the dark and the island divided is indicative of successive governments attempting to fool most of the people all of the time and little else.
Tell me, how can we refuse to recognise an ECHR ruling when Turkey accepts responsibility for the IPC? Is Cyprus a member state of the EU or not? Does it wish to flout the ECHR ruling? If so, what the hell are we doing in Europe, or do we only recognise membership when it suits us?
Many amicable settlements (both private and between the IPC and claimants) have thus far been accomplished. So what’s stopping refugees registering en masse? Guilt? Betrayal? Patriotism? No, it’s probably fear of what compatriots will say and that the government may look for scapegoats.
Divide and rule is the oldest trick in the book, even the most simple minded of refugees now know this.
One such refugee, George, fed up with this state of affairs, went north to register recently. I accompanied him to the IPC offices in Ataturk Square, opposite the court buildings, where we were received politely by an English-speaking young lady, Ilknur. After perusing George’s paperwork (original house and land deeds, ID, public utility bills of the house in question, etc), she asked him whether he was seeking restitution, exchange or compensation and explained that restitution and exchange were unlikely until the government in the south recognised it as an option.
George was left with compensation (rent) for loss of use. And how do you evaluate rent let’s say 36 times an average of 4000 a year for what was in 1974 a new three-bedroom house on the sea in half an acre – 150 grand perhaps?
Ilknur, whose parents originate from Paphos, is expecting a baby boy in two months. She speaks Turkish, English and German fluently, and has begun learning Greek, but finds it difficult, and in her candid opinion, not really necessary.
She gave George two pages of questionnaires fronted by a Documents Required in Application page of explanatory notes (see below), all in the three languages of the island and easy to follow; the only proviso was that George’s answers to the questionnaires were to be written in Turkish. Once his claim is accepted he will need to make several appearances in front of the IPC settlement’s court, where Turkish only would be spoken.
Could Ilknur recommend an apropos notary or advocate?
Notaries (Noters) and advocates (avukats) abound in the vicinity of the IPC offices said Ilknur, but cost would depend on how protracted the case was.
George might be able, once the property is recognised as his by the IPC, sell it to a third party (non Turkish or Turkish Cypriot) who can then legally sell it on to a Turkish Cypriot. Hundreds of Greek Cypriots have already used this proxy method.
On our way back through the Ledra Street crossing, we rubbed shoulders with Queen Sofia and her entourage, and later that evening, at the Solar Energy Exhibition, with our president, Demetris being serenaded like a prophet by his many followers. Had he not been awaiting a satisfactory outcome of The Talks, all government buildings would have been fitted with solar panels years ago. Unfortunately, I doubt they ever will even though 30m of panels (at a cost of 18,000 euros less 55 per cent government subsidy) produce 4kw of electricity whenever the sun shines. The Talks are costing millions and producing nothing whether the sun shines or not!
The ECHR has certainly put the cat among the pigeons – or if you prefer – a rocket up our politicians’ trousers. If the ECHR were to find against the Republic of Cyprus’ Land Registry for withholding transference of title deeds between concordant Turkish Cypriots and Greek Cypriots, the Cyprob would be solved immediately. Perhaps it’s their next step.
Those readers interested in what happens to George next step, or more positively, the name Ilknur has chosen for her baby, must await a future edition of the Sunday Mail. I’m taking bets on a Turkish Cypriot advocate for George and Mehmet Ali as the name for the baby.
Documents Required on Application are:
- 1. Application Form. Brief description of claims.
- 2. Affidavit (detailed information by the affiant regarding the claimed property and claims).
- 3. Duly approved copies of ID and/or passport.
- 4. i) Originals or duly approved copies of land registration certificate of the immovable property. ii) Originals or duly approved copies of documents including receipts, cheque, bank transfer, exchange transfers proving the movable property is bought prior to February 13, 1975.
- 5. Thirteen sets of photocopies of originals or duly approved copies of application form with its attachments; a revenue stamp worth 100TL should be affixed to the application form and revenue stamp worth 2TL for each attachment.
- 6. In the event that a lawyer makes an application, the retainer should also be filed.
- 7. Applicants should state if they are holding and/or benefitting from any Turkish property in South Cyprus and should try to document this.
- 8. When claiming compensation, expressing only an amount is not advisable. Providing valuation report by experts is useful.
- 9. Applicants should clearly express whether the property on which rights are claimed is subject to a mortgage and/or to a seizure or any other restraint.
The ECHR put the sting in the Greek Cypriot tail years ago with the Titina Loizidou versus Turkey case and has now taken it out with this new ruling. It’s time the Republic’s Land Registry honoured exchange of property and the government progressed quickly towards a bi-zonal, bi-communal federation. The alternative is world recognition of the ‘TRNC’ and permanent partition, and if that happens, Turkish Cypriot property in the south must be shared out proportionally among Greek Cypriot refugees.
The more this government procrastinates, the less credible it seems.
