Cyprus PIO: News Update in English, 96-12-19

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From: The Republic of Cyprus Press and Information Office Server at <http://www.pio.gov.cy/>

News Update

19/12/96

CONTENTS

• [01] Enormous consequences expected from European Court decision
• [02] Partition of Cyprus a question for consideration by Dutch EU presidency
• [03] UN Secretary General-elect hopes for a breakthrough in Cyprus
• [04] Rifkind refers to 30-40.000 Turkish troops in Cyprus and an excess of military hardware

[01] Enormous consequences expected from European Court decision

He said the case is expected to have enormous consequences in that, while Titina Loizidou's case concerned her holiday home, there are tens of thousands of others who were forced to abandon their permanent homes when Turkey invaded and occupied the northern part of the island in 1974.

The importance of the Court decision was also underlined by Attorney General, Alecos Markides, who described it as ''historic". He said it was crucial in that it dismissed Turkey's claims that it cannot be held responsible for events in northern Cyprus.

"This decision states clearly that Turkey is imputable for what happens in the part of Cyprus it controls", he said.

The Court found Turkey responsible for continuing violation of human rights in the Turkish occupied areas of Cyprus and said in its ruling that it "holds by eleven votes to six that the denial of access to the applicant's property and consequent loss of control thereof is imputable to Turkey".

The Court, moreover, refused to accept the legitimacy of the breakaway regime subsequently set up in occupied Cyprus and states that the Republic of Cyprus remains sole legitimate government on the island.

Speaking at a press conference, the Attorney General said "the ruling is a landmark in the history of law relating to human rights and the development of international law".

This decision, he added, by such a legal body proves there is faith in the role of international law and the Convention of Human Rights.

A press release issued by the Registrar of the European Court of Human Rights on 18.12.96 reads as follows:

"Judgement in the case of Loizidou v. Turkey

In a judgement delivered in Strasbourg on 18 December 1996 in the case of Loizidou v. Turkey (Merits), the European Court of Human Rights dismissed the Government's preliminary objection ratione temporis that the Court could not examine the complaint because it concerned matters which occurred prior to Turkey's acceptance of its jurisdiction (11 votes to 6) and held that the denial to the applicant of access to her property in the northern part of Cyprus and consequent loss of control thereof was imputable to Turkey(11 votes to 6) and amounted to a violation of the applicant's property rights under Article 1 of Protocol No 1 to the European and Convention on Human Rights (11 votes to 6). It also held unanimously that there had been no interference with the applicant's right to respect for her home under Article 8 of the Convention, and that the question of just satisfaction under Article 50 was not yet ready for decision and should be reserved".

[02] Partition of Cyprus a question for consideration by Dutch EU presidency

"The recommendations regarding Malta and Cyprus have been available for some considerable time. They are favourable, although the partition of Cyprus is the main issue requiring consideration by the Presidency in this regard".

The Dutch programme was presented in Brussels on Wednesday (18.12.96) by Foreign Minister Hans van Mierlo and Deputy Foreign Minister Michiel Patijn, who repeated in reply to a question that EU is committed to start accession talks with Cyprus six months after the Intergovernmental Conference. "Everyone is aware", he added, "of the island's division" and stressed that when accession talks start, they should concern both communities on the island and not just one.

[03] UN Secretary General-elect hopes for a breakthrough in Cyprus

"Let me say that Cyprus has not been a failure in the sense that we have succeeded on the peacekeeping side. The fighting has stopped, there are tensions periodically but at least on the peacekeeping side the operation has been effective.

Search for political settlement continues and recently other governments have become involved in it - the UK the US We hope that in the first half of next year we might be able to get them to have talks on settlement. And hopefully we'll see a breakthrough but I cannot promise that. It's been a long drawn out situation. But efforts have been made. Not only by the UN but by some other groups but we are co-ordinating now efforts."

[04] Rifkind refers to 30-40.000 Turkish troops in Cyprus and an excess of military hardware

"What I have said with regard to Cyprus is that I believe that there was already an excess of military hardware on the island. We have somewhere between 30 and 40 thousand Turkish troops, that is a vast number given the size of the island, given the size of the community whom they are protecting. Well, there is also indications that the government of Cyprus may be contemplating a further militarization of its assets, further increasing of its military potential, anything that increases military hardware on an island that already has abundance of it will add tension and will be a step in the wrong direction."

Rifkind also said during his recent visit to Cyprus he was encouraged by the way in which President Clerides and Mr. Denktash see 1997 as a year of opportunity. Both have emphasised the need of give and take in the negotiations and therefore I believe that with help from the international community we could see some important progress in this specific matter.

Greek Foreign Minister Theodoros Pangalos said Britain has a very important role to play on the Cyprus problem as it is one of the guarantor powers and "has a major influence on the island's political life".

He also clarified what he said was a misunderstanding of Rifkind's position: that a solution to the Cyprus problem is not a condition for starting EU accession negotiations with Cyprus. He added: "But I would not disagree with anybody saying that having a solution of the Cyprus issue, or having successful negotiations towards a solution will be helpful".

From the Republic of Cyprus Press and Information Office (PIO) Server at http://www.pio.gov.cy/

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