Turkeys Trojan Horse on Cyprus: The Poisoned Fruit from the Supreme Crime of Aggression

Turkeys Trojan Horse on Cyprus: The Poisoned Fruit from the Supreme Crime of Aggression By: Athan Tsimpedes, Esq., Washington DC Published on Jan. 8th, 2011 and amended on June 9th, 2011

Introduction. This article is to inform and alert the Greek Cypriots of the concealed dangers involved by applying1 to the illegal Immovable Property Commission (IPC) and its clandestine purpose and design. Although some cases and issues are presented, this article is not meant to be exhaustive but more of a general and pointed view as the subject covered cannot be explored and properly discussed in one article let alone a series that is intended to follow. Summary. In 2005, the renewed illegal proclamation of the IPC by the so called law 67/2005 of Turkeys puppet occupation regime in the illegally occupied territories of the Republic of Cyprus (ROC) gave an illegitimate birth to a designed scheme to allegedly compensate and provide remedies to the barbarically expelled Greek Cypriots from their homes and properties for 37 years. The ECHR now requires Greek Cypriots to voluntarily submit an application for either the loss of use, selling or exchanging of their property through the illegal authorities and the courts of the occupation regime with the sovereign stamp of approval by Turkey. However, the occupation regime, under its self-proclaimed2 business logo Turkish Republic of Northern Cyprus aka TRNC has illegally issued title and (illegally) sold many properties belonging to forcibly expelled Greek Cypriots. The ECHR has also created rights to alleged third parties of undetermined citizenry to the detriment of Greek Cypriots by malicious design. This inherently unfair mechanism of justice cannot provide compensation fairly and even if it could, its concealed purposes to recognize both Turkey and its puppet occupation regime3 as sovereigns in the illegally occupied territories of the ROC is of the utmost importance that must be exposed and defeated. People should know there are legal avenues that promote fundamental Except for strictly humanitarian reasons, any person, business entity or state associated or assisting or conducting business in any way with the occupation regime, the Turkish occupation forces or any institution or agent of either Turkey or of the occupation regime or both, in (or in relation to) the occupied territories of the Republic of Cyprus, violates international law (and violates the laws of the Republic of Cyprus). 2 Self-proclaimed as ordered and approved by Turkey, its master. 3 Article 1 of the 1933 Montevideo Convention on Rights and Duties of States defines a state as possessing four qualifications: (a) permanent population, (b) a defined territory, (c) a government and (d) a capacity to enter into relations with the other states. This definition is subject to the restrictions of Article 11 of the Convention that does not allow the product of the use of force to form a state. Even assuming arguendo the four qualifications were present, the occupation regime cannot be considered a state since it is a product of the use of force of the illegal Turkish invasion (see also footnote no. 5).
1

fairness and universal laws respecting the rights of Greek Cypriot property owners that do not expose them and the ROC to danger. The EU case Apostolidis and the U.S. case the Church of Cyprus provided such forums with safeguards with the utmost importance of protecting the sovereignty of the ROC, unlike the illegal Turkish commission. Background. The occupation regime is not a country recognized by the international community with the exception of one country, Turkey (UN Security Council (SC) Resolution 541(1983)). A craft of the aggressor (Turkey) and with a self-proclaimed name and logo TRNC, the occupation regime exists and operates in violation of international law in the illegally occupied territories of the ROC where it maintains its headquarters. This sanctuary of crime and injustice does not have a valid or transparent constitution or a body of law to guarantee the impartiality of the tribunal by applying international standards for fairness let alone the fact it has been birthed from the supreme crime of aggression. The illegal occupation regimes website states that its so called law 67/2005 was created to establish claims relating to abandoned properties in Northern Cyprus. That is a lie that even non-Greek Cypriots recognize. For example, in the famous United States (U.S.) court case of the Kanakaria Mosaics, Judge Noland explained why Greek Cypriots had to abandon their properties: After the 1974 invasion, the Greek Cypriot population was enclaved by Turkish military forces. During this time the Greek Cypriots were denied many basic human rights, including freedom of movement, medical care, and the ability to earn a living. Many men from the village were arrested and detained in Turkish jails; there they received severe beatings by Turkish soldiers. Further, like many other Greek Cypriots he described one Greek Cypriots plight under this regime: In July 1976, the pastor of the Kanakaria Church, Father Christopher, was forced to flee to non-occupied southern Cyprus for fear of his life. (Church of Cyprus v. Goldberg & Feldman Fine Arts, Inc., 717 F. Supp. 1374 ( Ind. 1989). The illegal Turkish commission, created and orchestrated by the same illegitimate and barbaric occupation forces, is pretending to be an impartial tribunal providing compensation for alleged abandoned property belonging to Greek Cypriots while its ulterior motive remains latently concealed. Every submitted application also deceptively acts as an admission by the very victims themselves that Greek Cypriots abandoned their property rather than the truth of being forcibly expelled. Presently, the illegal Turkish commission is cloaked with the legitimacy of the European Court of Human Rights (ECHR) through its infamous ruling in Demopoulos4. With an overwhelming stench of political favor, the ECHR has now released the Turkish commission towards Greek Cypriots and cloaked it with legal authority albeit illegal itself. The illegal Turkish commission is an instrument of Turkey and of its puppet occupation regime, attempting like a modern day Trojan horse to undermine the rule of law and seize the rights of Greek Cypriots by deception. This Turkish Trojan Horse (TTH) seeks to legitimize the illegal forced expulsion of 200,000 Greek Cypriots because of their ethnic origin and the implantation of hundreds of thousands of settlers from mainland Turkey (constituting 4 See Demopoulos and Others v. Turkey, (ECHR Application nos. 46113/99, 3843/02, 13751/02, 13466/03, 10200/04, 14163/04, 19993/04, 21819/04). 2

both as war crimes and crimes against humanity), while diluting and usurping the sovereignty of the ROC. The TTH also seeks to legitimize the illegal occupation of the northern part of the ROC and the illegal expropriation of the Greek Cypriot properties, many of which have been and are being sold in exchange for money dipped in the blood and injustices from the Turkish invasion of 1974. This blood money is laundered for the occupation regime through the assistance of the HSBC banking system and others. As the poisoned fruits from the supreme crime of aggression from the 1974 barbaric Turkish invasion, the establishment and operation of illegal institutions including the occupation regime and the TTH are seeking to taint the rule of law, the rights of Greek Cypriots and the sovereignty of the ROC. Unfortunately, any Greek Cypriot, despite his/her intention, who submits to the jurisdiction of Turkey through the TTH voluntarily submits to the process of legitimizing not only the illegal occupation regime and its so called laws but also the illegalities and atrocities of Turkey from the invasion of 1974 to the present day. The ECHR Recognition of the Turkish Trojan Horse. In 1983, the occupation regime illegally declared itself an independent breakaway state to the detriment of the ROC. This illegal self declaration was condemned universally by the world except for Turkey (UN SC Resolution 541(1983)). Turkey and its occupation regime enjoy a master servant relationship designed to assist with Turkeys illegal objectives towards the ROC. Among its egregious illegal acts, the occupation regime is operating as an illegal commercial enterprise exploiting properties belonging to: Greek Cypriots, the Church of Cyprus and other Christian Churches, local authorities and to the ROC attempting to permeate the ethnic cleansing initiated by its master during the brutal invasion of 1974. Apart from castrating the universal right for refugees to return to their homes protected by UN resolutions, the gravest action towards Greek Cypriot human rights was the ECHRs recognition of the TTH by the so called law 67/2005 of the occupation regimes so called Constitution cloaking it with legal legitimacy as an effective domestic remedy for compensation towards Greek Cypriots. The pretext of the TTH is that it seeks to compensate Greek Cypriots who (according to the Turkish propaganda) abandoned their homes and lands (as if it were their wish or desire to do so) to voluntarily submit an application for either the loss of use, selling or exchanging of their property via the TTH through the occupation regimes so called authorities. However, the occupation regime has illegally issued title and (illegally) sold many properties belonging to forcibly expelled Greek Cypriots that also includes properties belonging to (expelled) local authorities, the ROC government, the Church of Cyprus and other Christian Churches, disregarding and discriminating against the very same rights and people it now pretends to protect and respect, let alone fairly compensate. The ECHR imputed the TTH to Turkey and Turkey wolfishly accepted this legal gift as it comes closer to achieving its central initial illegal purpose: to be a recognized sovereign along with its puppet occupation regime in the occupied territories of the ROC. The

concealed purpose to validate the illegalities that have occurred is best understood through the TTH process and its designed lack of transparency. The TTH applies the so called laws and rules of the occupation regime, including controlling and directing the appellate rights of any Greek Cypriot application requiring further recognition (of sovereignty) and submission to the so called High Administrative Court of the occupation regime. Greek Cypriot Participation Will Recognize the Sovereignty of Turkey and its Illegal Puppet Regime. Every time a Greek Cypriot voluntarily submits an application to the TTH (regardless of the ones who oppose it), the occupation regime comes one step closer to becoming a sovereign nation while at the same time condoning the illegal occupation of Turkey on about 36% the territory of the ROC. Turkeys political claim of sovereignty in the Occupied Territories involves two methods both of which are dependent upon Greek Cypriot participation. One involves the direct acquisition of property from Greek Cypriots selling their property, the very same victims expelled from their homes now being acquired through compensation that advances the argument by Turkey and its agents as recognized Sovereigns in the occupied territories. By selling their property voluntarily to Turkey or its agents, Greek Cypriots will negate any further argument of illegality and create Turkey as a proper landowner in the occupied territories of the ROC while cementing its existence with the hundreds of thousands of third parties echoing Turkeys illegitimate claim and allegiance to Turkey. The other involves the recognition and submission to the occupation regimes so called authorities and Turkey via the TTH application process alone. Even if insufficient property is surrendered by the deceptively attracted and eagerly expected thousands of applications (if mainly claiming de minimis compensation for only the loss of use) to the TTH, a political (although always illegitimate) claim of sovereignty can still be based on the argument: Since the very same Greek Cypriot victims through their submissions of applications recognize the Turkish Immovable Property Commission, the Turkish Republic of Northern Cyprus and Turkeys presence in the occupied territories of the ROC why shouldnt the international community? This perversion of justice violates all the consistent and universal findings against Turkey and the rule of law that has been substituted with an inherent discriminatory and illegal process through the TTH designed to deceptively obtain legitimacy through the consent of the very same victims making them victims twice. Unfortunately, Greek Cypriots applying to the TTH are in effect aiding and abetting crime. Foremost, whenever any Greek Cypriot obtains compensation through the TTH, Turkey will be viewed as providing local and national remedies bolstering the illegal discriminatory ruling by the ECHR. This means Turkey will never be held responsible for its 1974 atrocities and justice will not be served. Beyond the injustice, there is no guarantee the de minimis compensation for the property will be fair or given at all. Just like Turkeys feigned acceptance and protection for the rights of all refugees to return safely to their homes, it has created a bait and switch campaign with the help of a selected few promoting the compensation of the TTH. This TTH marketing scheme was developed to entice Greek

Cypriots to file applications in mass numbers and in short order with its allure of a quick pay out before they can digest what has happened to them. Negotiating under duress for ones rights cannot be considered fair or impartial but will be considered valid because the application to the TTH was non obligatory thanks to the ECHR ruling in Demopoulos that prospectively sets the trap for Greek Cypriots to apply for compensation while doing so provides the argument of sovereignty to Turkey. As for the compensation already granted to a few Greek Cypriot applicants, the TTH valuation was well below the fair market value. The TTH lacks the recognized safeguards of due process and constitutional protections provided for in Western Civilization or in any fair system. After the smoke screen created by the compensation paid to a few has cleared, the TTH can delay payments to the masses that submitted applications under the influence believing their compensation would swiftly follow only to awaken into an endless cycle of misery for decades with all the protections not afforded under the oppressive government of Turkey. The ECHRs Illegal/Legal Gift to Turkey. Without Greek Cypriot participation, Turkey by itself cannot establish a local remedy nor any quasi-judicial system on the occupied part of the ROC as it is illegally there and the ECHR for political reasons ignores that obvious fact. The conduct of Turkey with the aid of the ECHR violates the established international law doctrine ex injuria jus non oritur" that prohibits the legitimization of situations which emerge from illegality, especially the use of force5 against the territorial integrity and the political independence of the ROC. Turkey committed the supreme crime of aggression against the ROC and whatever follows from Turkeys illegal conduct (such as the establishment of the occupation regime and the TTH and the expropriation of the Greek Cypriot properties) is illegal. However, these illegal and ultra vires acts will be legitimized if Greek Cypriots submit to the TTH because they are asking for a remedy from the very same forces that created the violations against them, thereby submitting and recognizing the power of these dark forces hoping to be compensated while disregarding the only known sovereign on the island, the ROC. The TTH, the occupation regime and Turkeys presence will be legitimized from any Greek Cypriot who applies to the TTH. This is similar to an illegal act of a company towards its shareholders that is ratified at a later time by the very same shareholders making the act no longer illegal towards these shareholders. This is why Turkey and its servants are foaming at the mouth awaiting vast numbers of Greek Cypriots to submit applications to the TTH trap and to strengthen their illegitimate political claim of sovereignty on the illegally occupied territories of the ROC. 5 Although there were regional findings that the use of force is illegal (Article 11 of the 1933 Montevideo Convention on Rights and Duties of (American) States), it was not until after WWII, the use of force (commonly referred to as war waging), was condemned universally (Article 2(4), UN Charter and Article 6, Nuremberg Judgment, Charter of the International Military Tribunal (1945)) and considered a supreme crime; with only two exceptions: self defense or a UN Security Council decision under Chapter 7 of the UN Charter. Neither of these two exceptions apply to legitimize the Turkish invasion of Cyprus in 1974. 5

While bowing to Turkey, the ECHR provided a political decision in Demopoulos and Others v. Turkey intentionally ignoring and illegally overturning UN Resolutions 3212, 541, the European Court of Justice (ECJ) case of Apostolides v. Orams, and the US case Church of Cyprus, et al v. Goldberg, et al., and its own mandate in the European Convention, Article 1. These universally recognized findings and laws have been consistently upheld until the illegal and ultra vires acts of the ECHR judges in Demopoulos. Despite having the most complaints on file and findings against Turkey for substantial violations of Human Rights, the ECHR rewards Turkey with a modern day TTH cloaking its illegal nature with a camouflage of legality to continue violating the rights of Greek Cypriots and the ROC in a designed clandestine manner to achieve its initial ulterior purpose, recognized sovereignty in the occupied territories of the ROC. With every application to the TTH, the Turkish invasion of Cyprus continues but this time with the condonation and ratification of Greek Cypriots voluntarily assisting in its legitimacy. The ECHR Acted Illegally. The ECHR through its mandate, the Convention for the Protection of Human Rights and Fundamental Freedoms (CPHRFF), requires violations to be remedied pursuant to Article 13 (obligating member states to provide an effective national remedy) and Article 35 (exhaustion of domestic remedies). According to the world under universal legal principles, the ROC is the only recognized sovereign on the island nation of Cyprus6 (the only exception is Turkey that does not recognize the ROC). The only legitimate local or national remedy on ROC territory can be from or with the consent of the ROC that has exclusive sovereignty over the entire ROC territories including the occupied territories to adjudicate matters including property rights (See Apostolidis and Church of Cyprus). The so called Immovable Property Commission on the territory of the ROC is without legal authority or consent from the ROC and does usurp the sovereignty of the ROC causing defacto, if not dejure, recognition by Greek Cypriots submitting to it. These obvious contradictions and derelictions of law are not in line with upholding and protecting the Rule of Law flouted by the ECHR as part of its mandate to exist and cited in many of its rulings. No court in Europe including the ECHR may violate the laws it swears to protect namely the Convention without a remedy. The rule of law is to be applied equally and the quality of the law respected, yet the ECHR has decided to violate its own founding principles and turn the law upside down as it relates to Greek Cypriots. In 2010, the ECHR exercised its power by declaring the Constitution of Bosnia and Herzegovina to be discriminatory and in violation of the CPHRFF for violating election rights of one ethnic group because of restrictions in participating in elections based on religious and ethnic requirements (Sejdic and Finci v. Bosnia and Herzegovina). Yet, this same power or respect of the rule of law cannot be seen to be applied towards the Greek Cypriots. There is no doubt that Turkey acted illegally and feigned its representation to
6

UN Resolution 541, Apostolidis and Church of Cyprus. 6

the world advocating that all the refugees should return to their homes in safety when it signed UN Resolution 3212. However, the court in Demopoulos does not even consider the admission of Turkey or the universal laws protecting the rights of Greek Cypriots when it disregarded those rights and illegally gifted a mechanism, the TTH, for Turkey to obtain sovereignty in the occupied territories of the ROC that requires unsuspecting Greek Cypriots to participate. Without even a single dissenting opinion on the Demopoulos court, it intended to conceal its intent to change the landscape of the ROC and rights of the Greek Cypriots forever. The perverted court ruling in Demopoulos speaks volumes of the courts ethics and its ultra vires acts that violated the EU Constitution, CPHRFF and the rights of Greek Cypriot refugees and property owners when it intentionally disregarded the rule of law affirmed in decades of previous consistent international rulings and universally recognized rights. The court in Demopoulos now castrates the right of restitution belonging to Greek Cypriot refugees that has been protected for 36 years for the sole purpose to benefit Turkey and third parties that includes hundreds of thousands of imported Turkish settlers (a designed produce of Turkeys harvested crimes of 1974 against the ROC). Judges are not above the law to abrogate the legal ownership rights universally recognized belonging to one EU ethnic group (the Greek Cypriots) and transplant them to another EU ethnic group (Turkish Cypriots and others) who are illegal third parties possessors/users of the Greek Cypriot properties. Yet, this is exactly the result of the court in Demopoulos. This so called court further degrades the rule of law when it abrogated the legal ownership rights from one EU ethnic group (the Greek Cypriots) to only transplant them to illegally implanted settlers from Turkey (non EU citizens) who were by design imported to illegally occupy the property of Greek Cypriots. These implanted settlers, like the Turkish Cypriots, are also illegal third party7 possessors/users of the Greek Cypriot properties stated herein. These illegal possessors/users are complicit with one of Turkeys main initial illegal objectives to ethnically cleanse the occupied territories of the ROC, and who are in effect coconspirators with Turkey in violating the rights of Greek Cypriots and the ROC. These discriminatory rulings violate the EU Constitution and its own Convention for which the court in Demopoulos apparently has no regard for and rationalizes their suspension towards Greek Cypriots as sound legal reasoning. Despite its limp attempt to circumvent its true intent by including language of a non obligatory reference towards the TTH, the ECHRs ruling is not without review. The perverted ruling of the ECHR in Demopoulos was not a negligent abuse of discretion but an intentional deviation of the rule of law and judicial authority (ultra vires acts) making the ruling illegal and void ab initio (void). The fornicated ruling further exposes the court and 7 The terms third parties and illegal possessors/users used herein shall be interchangeable and include Turkish Cypriots and implanted Turkish settlers from mainland Turkey poured into the occupied territories illegally occupying the property belonging to expelled Greek Cypriots, the church, local authorities and the ROC. 7

Judges in Demopoulos to the effects of violating the rule of law and for abusing the limits of authority granted them. The Demopoulos ruling no matter how harsh it seems against the individual rights of a Greek Cypriot will pale in comparison to the catastrophic effects on the sovereignty of the ROC by mass filings to the TTH. The ECHRs Attempt to Legitimize Turkeys Co- Conspirators. The Third Party Illegal Occupiers of Greek Cypriot Property. The ECHR has created a mechanism so that the rights of refugees to return to their homes are vitiated towards Greek Cypriots while benefiting and legitimizing the Turkish occupation and the universally condemned occupation regime that, among other illegal acts, conducts unlawful business transactions as and through the self-proclaimed TRNC business logo. Despite the universally protected rights of Greek Cypriot property owners, the ECHR in an unprecedented act now recognizes higher rights belonging to co-conspirators namely the illegally implanted (hundreds of thousands of) settlers, TCs and others including the illegal authorities (meaning the occupation regime and the illegal Turkish Occupation Forces) who illegally possess/use Greek Cypriot properties in the illegally occupied territories of the ROC8. As stated herein, third parties are illegally benefitting and assisting Turkey in the denial of rights towards Greek Cypriots. These third parties have been on notice, actual or constructive, that they are trespassers of anothers home and not some migratory animal who lands upon a vacated nest to inhabit freely. By taking over a home or business that in many cases, if not all, contain some history of the Greek Cypriots that were forcibly evicted while fleeing for their lives with no choice but to leave behind treasured personalty; including icons, pictures, pets, books, valuables and furniture that places any third party or any reasonable soul inhabiting a property it does not own in the illegally occupied territories of the ROC on notice they are trespassing. Yet, the court in Demopoulos abrogates the refugees rights to return to their homes universally protected for 36 years and yet, recognizes rights to these mainly illegally transplanted third parties that now also include foreign buyers of Greek Cypriot property illegally sold under the self-proclaimed TRNC logo. The intended effect of the ECHR will legitimize the false titles of property illegally sold or gifted under the self-proclaimed TRNC logo to the detriment of the Greek Cypriot legal owners of the property, thereby giving legitimacy to the ethnic cleansing and Turkeys occupation. These third parties in the illegally occupied territories cannot credibly argue they did not know the history of the property they now inhabit belonged to Greek Cypriots who were forcibly displaced. Actual or constructive notice has taken place either through the overwhelming number of news articles documenting the invasion displacing Greek Cypriots or the UN Resolutions condemning Turkey for its conduct while protecting the rights of the refugees to return safely home acknowledged by Turkey (UN Resolution 3212). Turkey and its illegal puppet regime incorporated the use of third party possessors/users who arrived illegally and occupied property belonging to Greek 8 See Demopoulos, Par. 84, 112 and 116. 8

Cypriots bypassing the laws and sovereignty of the ROC at the direction, comfort and benefit of the oppressor, Turkey, to ethnically cleanse the area of Greek Cypriots9. Under international law an unrecognized sovereign nation, the occupation regime, cannot issue valid title and therefore the title issued to these third parties is illegal10 and void. The TTH seeks to correct this fatal flaw by having the Greek Cypriot victims recognize the occupation regimes so called power and laws through their own voluntary submission for remedies to the TTH by the very same people who can legally challenge it. The ECHR now has abandoned and disregarded the universal laws protecting Greek Cypriot refugees and so Greek Cypriots must abandon and disregard the ECHR. The discrimination towards Greek Cypriots has created an elite golden class on the island, the Turkish Cypriot (TC). Unlike the Greek Cypriot, the TC has blossomed with benefits and entitlements. In April 2003, the opening of a number of buffer zone road blocks along the cease fire line allowed roads connecting11 the free territories with the occupied territories of the ROC for the first time since 1974. On May 1st, 2004, the ROC officially entered as a member of the EU. Prompted by the ROC accession to the EU and without ever any ROC government restrictions, the TCs applied and acquired in masses ROC identification cards, birth certificates and passports while also securing EU citizenship. Unlike a Greek Cypriot, a TC can now work as an employee or conduct business (i.e., register and operate a company with employees) in the occupied or the free territories of the ROC. Unlike a Greek Cypriot, a TC enjoys special privileges such as free health care (as of April 2003) in the free territories of the ROC without any form of tax imposition or any other obligation to the ROC. As an extreme paradox to justice, not only do many TCs enjoy living in the homes of forcibly expelled Greek Cypriots but they also enjoy these special privileges at the expense of Greek Cypriot taxpayers that include the very same forcibly expelled Greek Cypriots. Further, as a rule, a TC can claim (at any time) restitution of his/her property in the free area of the ROC and of course he/she may live in the free area whenever and wherever he/she wishes, whilst, as a rule, a Greek Cypriot cannot claim restitution but can only claim for a limited time (until the fixed deadline of December 21, 2011) only the de minimis compensation for his/her property in the occupied area. As a result of disparate treatment based on ethnic origin, the Greek Cypriot cannot possess, use or return to live in his/her property or anywhere else in the occupied territories12. 9 By definition, anyone knowingly assisting Turkeys illegal acts towards Greek Cypriots and the ROC or benefits from this relationship, whether directly or indirectly, is a coconspirator and agent of Turkey. 10 With the rightful legal owners indisputably maintaining rights of ownership (See Apostolidis and Church of Cyprus). 11 Passports or identification cards must be presented at the checkpoints. As a rule, the implanted Turkish settlers in the occupied territories are not allowed to enter the free territories of the ROC. 12 As a result of the massive expulsions that took place mainly in the period between 1974-75, there remain only a few hundred enclaved Greek Cypriots today in the occupied territories that have been denied many rights, including religious freedom with the most 9

The Rule of Law and Human Rights Must Be Respected. The world has seen enough atrocities that brought about the universal recognition of human rights that have been recognized applying to the forcibly expelled Greek Cypriot property owners in UN Resolutions and court decisions, such as the ECJ case Apostolides v. Orams, and Church of Cyprus v. Goldberg in the USA. Before the world, Turkey feigned its respect for human rights as it agreed that all the refugees should return to their homes in safety (UN Resolution 3212) yet, failed to uphold its word. These human rights decisions against Turkey in support of Greek Cypriot refugees are nowhere to be found in Demopoulos as if purposefully omitted or politically driven. As stated herein, the established international law doctrine ex injuria jus non oritur prohibits the legitimization of situations, such as the TTH, which emerge from the illegal Turkish invasion and use of force against the territorial integrity and the political independence of the ROC. The laws of the ROC forbid anyone of its citizens from applying to the TTH. Therefore, the ECHR in Demopoulos has in effect advocated Greek Cypriots at least violate law, if not outright commit treason against the ROC, by submitting applications to the TTH that usurps the sovereign powers of the ROC. Without discussing the dangers of its ruling, the ECHR has in effect sanctioned the TTH to Greek Cypriots as a legitimate way of obtaining compensation against Turkey for the property rights violated over the past 37 years. A Greek Cypriot will not have the protection of the ROC, the EU nor the rule of law during the illegal TTH process. The TTH Mechanisms are Inherently Discriminatory and Unfair Towards Greek Cypriots. Attorneys are officers of the courts and must protect the integrity and jurisdiction of the courts. For example, an attorney in the US is required not to offend the integrity of any court or tribunal of the United States and could not participate in any activity of the so called governmental functions of the occupation regime, including any of its so called agencies or judiciary, as the occupation regime is illegal, unrecognized and condemned by the US and the world. As an officer of the court, an attorney must protect the integrity and jurisdiction of the courts while pursuing justice that is violated with any advocacy towards the TTH let alone the inability to practice law before it. Many individuals in the ROC and elsewhere have raised the question how any attorney from the ROC, UK or elsewhere except Turkey or the occupation regime advocates the violation of law with an application to an illegal regime for the purpose of fair compensation for which question I can not produce an answer. Seeking fair compensation from an illegal regime is an oxymoron. At least in the U.S., an attorney providing advice to proceed with an illegal regime to his/her client would be considered illegal and unethical. This is especially true if the attorney seeks to profit from such nefarious advice. Above all, it would be illegal for any attorney to profit from the illegality itself. recent disruption of a Christmas service (December 25, 2010) that is indicative of the hatred and discrimination towards Greek Cypriots and their religion by the same forces seeking to compensate Greek Cypriots before the TTH. 10

With its inherent flaws, it should come as no surprise to Greek Cypriots of the biased TTH members who protect its integrity by rendering decisions and award compensation to Greek Cypriots. The TTH is allegedly composed of five to seven members, all Turkish or TC with two that are currently allegedly foreign members, Mr. Hans-Christian Krger (former Secretary to the European Commission of Human rights and former Deputy Secretary General of the Council of Europe) and Mr. Daniel Tarschys (former Secretary General of the Council of Europe). The ECHR and the Council of Europe (and its agents) are politically influenced and driven. These forces are now bedfellows of illegality with Turkey, who decide the fair and unbiased restitution, exchange of properties or payment of compensation to a Greek Cypriot. Adding to the lack of safeguards and transparency, the right of appeal for a Greek Cypriot from the TTH is made to the occupation regimes so called High Administrative Court furthering the recognition of the occupation regime and its so called laws to the detriment of Greek Cypriots, the ROC and its judicial system, that in effect conflicts with the ECJ ruling in Apostolidis upholding the power of the ROC and its courts throughout the entire territory including the illegally occupied area of the ROC. The weight of the evidence necessary to validate a claim for compensation before the TTH is the standard known as beyond a reasonable doubt. In the U.S. the burden of proof in civil cases for property is beyond the preponderance of the evidence or in mathematical terms 51%. In practical terms you can view it as more likely than not. In the US, the occupation regime has no credibility before the US courts as it has been condemned and found to be a liar, issued false titles and sold property belonging to Greek Cypriots. It is currently being sued and investigated for falsely portraying itself as a government while operating in the US as an illegal commercial enterprise that sells property belonging to Greek Cypriots. Is it a coincidence that the TTH is now seeking to purchase property belonging to Greek Cypriots when the occupation regime is selling or has sold the very same properties it now seeks to purchase from the legal owners, Greek Cypriots? Doesnt this point to an obvious Achilles heel while at the same time expose a massive cover up that is not coincidental! The Discriminatory Progeny of Demopoulos. If time is any indication of fairness or whether a human rights violation in itself13, one need only look to the 20 year old ECHR case of Rodothea Karaviotou, acting on behalf of Antonakis Solomonides who died waiting for his case to be decided14 and having regrettably filed with the TTH (before returning to the ECHR) which action is condemned in this article. These delays in the ECHR are not negligent but designed to bury the rights of Greek Cypriots to allow Turkey to advance its illegitimate goals. According to sources, in 1999 the ECHR was backlogged with 60,000 cases and by 2010 13 Article 6(1) of the CPHRFF provides that everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. The ECHR has held that this requirement underlines the importance of rendering justice without delays which might jeopardize its effectiveness and credibility. See H v France, (1989, Series A no. 162) Par. 58. 14 See Antonakis Solomonides v. Turkey, Application no. 16161/90. 11

it had exceeded 120,000 cases and growing rapidly. Sadly, the Greek Cypriots who had filed applications with ECHR waiting in line for many years and are now faced with even a more grim proposition. After waiting in line at the ECHR (many already for years), these Greek Cypriots (and anyone seeking the ECHR remedies) are now required non obligatory to submit to an undetermined ordeal through the TTH then occupation regimes appellate procedures before waiting on the line yet again at the ECHR but this time further back as Greek Cypriots were even blamed (indirectly but clearly) by the ECHR for not surrendering their collective and individual rights, including their ownership rights in an apartheid political solution15. What protections are actually afforded the Greek Cypriots during the TTH process is anyones guess and one that really does not need a discussion. Greek Cypriots were hated and were savagely beaten and killed because of their ethnic origin by the very same forces providing compensation. Irrespective of its lack of credibility, the information released by the TTH sends a clear message. As of June 9th, 2011, only five out of 1284 applications have been accepted for unspecified restitution accompanied with compensation (and an additional one without compensation and another for partial restitution), only seven have been concluded through standard hearings16 and 171 took what they could get by surrendering their titles in this illegal process through what has been falsely coined and advertised as friendly settlements. This red flag is no different than the one shining brightly on the occupied Pentadactylos (5 finger) mountain, informing you of the intent with a clear message but yet the ECHR would like Greek Cypriots to accept Turkeys disguised gift of friendship that comes in the form of a property commission that endangers the rights of Greek Cypriots and the ROC. In Solomonides (as in other similar cases), the ECHR concurred with the TTH method of calculating compensation and that it provides an effective domestic remedy for claims relating to alleged abandoned properties in the occupied territories for Greek Cypriots. The wording is so carefully selected as to not raise the issue of the illegality as if written by Turkey herself. The TTH ruled that Mr. Solomonides the owner of the property was denied access to and control, use and enjoyment of his properties and provided an offer to pay 2.18 million euros as compensation that was appealed to the ECHR for being undervalued and unfair. In a clear message and warning to Greek Cypriots, the ECHR further reduced the biased TTH offered amount from 2.18 million to 1.4 million euros. The ECHR confirmed its political bias in favor of Turkey with its method of calculation that emphasized low awards as valid compensation towards Greek Cypriot property. Mr. Solomonides (prior to his death) had requested 23 million euros to compensate for the loss of use of his properties consisting of 343,295 square meters in Hellenic towns, that have now been Turkified with names of Girne, Mausa, Gzelyurt and Lefkoa. In Solomonides, the property in question had a market value of 600,000 euros in 1974. Basically, the ECHR doubled the property value of 1974 and called it fair compensation while making the TTH offer look generous and ignoring the 23 million euros claimed by Mr. Solomonides through his estate. See Demopoulos Par. 85. 16 http://www.kuzeykibristmk.org/english/index.html
15

12

Conclusion. Turkey has unduly influenced the ECHR to make one of the most perverted rulings in the history of humanity that makes international law (inter alia the United Nations Charter, the Universal Declaration of Human Rights, the CPHRFF and the Charter of Fundamental Rights of the European Union) irrelevant and even destroys a minor childs right to return home17. Yet, there are irrational movements towards the TTH with the take what you can now or get nothing mentality. This is a foreign philosophy used to get those desperate to take action for ones immediate monetary satisfaction to the detriment of many. The ancient Greeks always sought and protected Dikaion at all costs and has lasted the ages to this day. It exists in Cyprus with its Hellenic roots that some now seek to legally cleanse from the island. The worlds position, although not taking action for punishing the ultimate crime of aggression and restoring legal order, has at least been consistent in condemning Turkey and the occupation regime for their illegal conduct towards Greek Cypriots and the ROC. If allowed, the Demopoulos ruling will become to Greek Cypriots what Efialtes was to Greeks of Thermopylae. The simple question regarding the TTH remains: are the Greek Cypriots going to side with injustice, the aggressor (Turkey) and the poisoned fruits of the crime of aggression (the occupation regime and the TTH) or side with Dikaion and the worlds view that throughout time until today has admonished Turkey for its atrocities and conduct towards the ROC? Greek Cypriots also must be firm and consistent as Dikaion does not bow or submit to compensation or fear. In short, the ECHR ruling in Demopoulos is akin to requiring a rape victim to seek a remedy from her rapist. According to the ECHR, this is justice and the law for Greek Cypriots to follow. While a Greek Cypriot can choose to apply to the TTH and align with illegality, no one should ever participate with such an illegal enterprise. Even assuming arguendo the TTH procedures were fair to the individual rights towards Greek Cypriots and even paid more than fair value, the fact remains every application to the TTH will allow the toxic effects from the supreme crime of Turkish aggression to be placed into the territorial body and political independence of the ROC while simultaneously further deepening the open wounds from the invasion of 1974. According to Socrates, there is nothing as precious as the Fatherland. (, : , 51, -). For if [the] Fatherland is gone all of the collective and individual rights simply cease to exist. (Demopoulos Par. 136-137; Petrakidou v. Turkey (ECHR Application no. 16081/90) (Ruling that a child who was 10 years or younger at the time of the forced expulsion had no right to return to her home).
17

13