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ALI OZMEN SAFA, publisher of
RESIDENCE magazine, finds yet another instance of discrimination
against agents and developers offering property for sale in Northern
Cyprus.
"For too many years the Turkish Cypriot community
has sat back and failed to defend itself against the weight of the
Greek Cypriot propaganda machine"
Previous articles in
RESIDENCE magazine have reported various attempts by the Greek
Cypriot Government to continue to try to oppress and persecute those
seeking to invest in the Northern Cypriot economy and to benefit
from the unique lifestyle offered there.
Threats of multiple
actions against those buying properties in the North, following on
from the Orams case [see RESIDENCE issue 12], have failed in
materialise. So far as can be ascertained no further cases have been
brought. This may have been assisted by the welcome decision of the
Northern Cyprus Government to make it a criminal offence to seek to
serve in the north of the island summonses issued by Greek Cypriot
courts.
And then there was the spectre of using the European
Arrest Warrant to persecute those involved in the construction,
buying and selling of property in the north. Again this seems to
have been shown to be pure bluff and strong legal arguments have
been put forward to show that European Arrest Warrants issued by the
Greek Cypriot authorities in relation to activities in the north of
the island would not be enforced in other countries in
Europe.
Legal challenge successful
For too many years the Turkish Cypriot community
has sat back and failed to defend itself against the weight of the
Greek Cypriot propaganda machine, but the signs are now more
encouraging. Previous articles in RESIDENCE magazine have referred
to the work of PI Property International PLC in organising the
Residence Turkish Village as a showcase at property exhibitions in
the UK and overseas for those involved in developing the economy of
Northern Cyprus.
Congratulations are now due to EUPRO who,
in conjunction with Mr. Yilmaz Kalfaoglu, President of the North
Cyprus Tourism Board, have successfully challenged in the English
Courts the ban by Transport for London on advertising holidays in
Northern Cyprus on London buses. Mr. Justice Newman decided that the
actions in question were lawful acts of a person existing in English
law.
The decision to impose the ban was taken after
complaints made on the basis of non-recognition internationally of
Northern Cyprus and the erroneous belief that Turkey had illegally
occupied Northern Cyprus for the past 30 years. Accordingly, the
decision was made on an error of law, error of fact and
irrationality.
The right to freedom of expression under
Article 10 of the European Human Rights Convention was an important,
valid and effective challenge to the legality of Transport for
London's decision to ban the adverts. Judicial Review is a weapon
which can be used against official and quasi-official bodies; it
cannot be used against private organisations.
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Further discrimination
Discrimination against Northern Cyprus continues to
exist. After a successful exhibition earlier in the year, Medview
Homes was due to participate in die Place In the Sun Exhibition at
the end of September. However the organisers, Brooklands Group
Limited, have refused to permit any exhibitors who are involved with
properties in Northern Cyprus.
Detailed and weighty
representations have been made to them. It was pointed out that the
Republic of Cyprus was established in 1960 following a Treaty signed
by the Greek and Turkish Cypriot communities, the United Kingdom and
Turkey. This guaranteed a parliament and executive government in
which both communities were represented. But prior to the formal
division of the island in 1974 the Greek Cypriots, contrary to the
Treaty and Constitution, excluded the Turkish community from all
aspects of government and the political process. The government of
the southern part of the island, therefore, whilst technically
representing the whole of the island, in no way represents the
Turkish Cypriot community or the northern part of the island.
It was further pointed out that whereas the government in
the north of the island (TRNC) requires Turkish Cypriots to hand
over the title deeds to land they formerly owned in the south of the
island before they acquired land in the north, no such action was
taken by the government in the south.
Indeed, properties in
the south of the island being advertised for sale have been built on
land to which Turkish Cypriots can show pre-1974 title. On this very
questionable basis Southern Cyprus exhibitors will be permitted to
be present at the Place in the Sun Exhibition whilst those involved
in Northern Cyprus will not.
A valid point
The Chief Executive of Brooklands Group Limited, in
a letter explaining their decision, admitted that our
representations "may indeed have a valid point on some detail (sic)
point of law", but went on to say that “…as exhibition organisers
and magazine publishers we have and reserve the absolute right to
refuse admission in any sense ... and, I'm afraid, the exclusion of
Northern Cyprus agents, developers and/or their representatives from
our events remains our position.”
Whilst this decision may
be considered to be commercially prudent, it is hardly equitable.
Surely the time has come to consider what further action can be
taken to ensure that the freedom of expression and recognition of
human rights of the Turkish Cypriot community are upheld not only in
the public sector but in the commercial world as
well.
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