Thursday, 30 April 2009

Marios Tokas Remembered

A tribute page to one of the greatest Singer-Songwriters of Cyprus
who tragically died of cancer, aged 54, on 27th April,
and was buried in Athens on 30th April 2008

Ένα αφιέρωμα στον αξέχαστο Κύπριο μουσικοσυνθέτη

Μάριο Τόκα

See Cyprus Weekly Tribute by Athena Karsera


I had the privilege to meet Marios in London within the context of the
Camden Cypriot Festival 1991

(which I video recorded in its entirety)
during which he performed an evening of 'musical magic'
at London's Jazz Cafe

Video of that evening's entire performance was placed on the web
during 2008 to honour his memory
and is available from a link on a subsequent page

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During that concert, Marios related the story of how

he came to write the music to accompany a poem

by Turkish Cypriot poet Nese Yasin,

whom he had just met for the first time that day.


That song, which had never been released on record
had at that time already become known all over Cyprus and Greece

"My Country has been Divided in Two"
"Η δική μου η πατρίδα"

Video clips of that historic first meeting
between Marios Tokas and Nese Yasin
and their first ever performance of that song together
have been released to mark this memorial to Marios Tokas
and are available by clicking here


The story above becomes relevant to understand
because this song has become part of the "Cypriot -Psyche"

As part of this memorial to Marios Tokas, video footage has also been released from recordings made live at the time of his funeral

... in order to show how, at the very end of the funeral service,
when Marios Tokas was laid to rest
at the Agion Theodoron Cemetery on 30th April 2008

... mourners in attendance spontaneously sang the refrain from "My Country has been Divided in Two"
as a final tribute to Marios

Video of the funeral service had been televised by Cyprus TV
and an edited compilation from that coverage
has been uploaded to the web a year after his funeral
with the video clips being available by clicking here


A page of other music by Marios Tokas
is provided in his memory,
and is visible by clicking here

Wednesday, 29 April 2009

Obama pressure on Turkey over Cyprus needed now











See post on this weblog here


"Implicit 'genocide' threat lies behind Turkey-Armenia breakthrough" - Source: www.hurriyet.com.tr
"An implicit threat by U.S. President Barack Obama to use the word "genocide" in an annual April 24 address to Armenians, followed by increasing frankness from diplomats, was pivotal to strong-arming Turkey ..."


One wonders whether the same 'increasing frankness' will also be wielded by the Obama administration with reference to Turkey undertaking to return the ghost-city of Famagusta (empty since the '74 invasion) in Cyprus, as a sign of its good faith in the Cyprus peace talks?

If some tangible concessions (THAT, as well as withdrawal of Turkish occupation troops was required by the resolution passed by the Council of Europe back in October 2008 - one of the topics of a posting on this blog visible here ) are not forthcoming over those issues, as well as over the opening of the Limnitis checkpoint across the Green Line -- then THE EXISTENCE OF TALKS IS NOTHING OTHER THAN A SMOKESCREEN !

The EU needs PROOF - just because there are TALKS does not mean there is any actual PROGRESS.

Its time for some actual GIVE by Turkey if it does want a positive progress report in December on its EU accession process. See a posting on Cyprus's progress towards unity -Time for Turkey to meet its obligations on Cyprus for views expressed by knowledgeable British MPs during a Cypriot Lobby of the British Parliament in March this year.

It's time Obama also learnt to threaten to use those taboo words "TURKISH TROOPS OUT OF CYPRUS" - an issue which candidates for the Europarliament will be asked to provide their views on during their campaign for elections in June 2009 -- which this site will be focussing on for the immediate future.

Tuesday, 28 April 2009

European Court of Justice judgement in favour of Apostolides




See January 2010 Judgement report here





Cherie Blair QC (lost her case representing the Orams')

See also a previous posting on this weblog of an ACGTA Seminar by Costantis Candounas, who had represented Meletis Apostolides in this case, available on this blog here

Source:
http://curia.europa.eu/en/actu/communiques/cp09/aff/cp090039en.pdf


Press and Information
PRESS RELEASE No 39/09
28 April 2009


Judgment of the Court of Justice in Case C-420/07
Meletis Apostolides v. David Charles Orams & Linda Elizabeth Orams


A JUDGMENT OF A COURT IN THE REPUBLIC OF CYPRUS MUST BE RECOGNISED AND ENFORCED BY THE OTHER MEMBER STATES EVEN IF IT CONCERNS LAND SITUATED IN THE NORTHERN PART OF THE ISLAND

The suspension of the application of Community law in the areas where the Government of the Republic of Cyprus does not exercise effective control and the fact that the judgment cannot, as a practical matter, be enforced where the land is situated do not preclude its recognition and enforcement in another Member State.

Following the intervention of Turkish troops in 1974 Cyprus was partitioned into two areas. The Republic of Cyprus, which acceded to the European Union in 2004, has de facto control only over the southern part of the island while, in the northern part, the Turkish Republic of Northern Cyprus has been established, which is not recognised by the international community with the exception of Turkey. In those circumstances, the application of Community law in the northern area of the Republic of Cyprus has been suspended by a protocol annexed to the Act of Accession.

Mr Apostolides, a Cypriot national, brought an appeal before the Court of Appeal (England and Wales), in the course of a dispute between himself and a British couple, the Orams, seeking the recognition and enforcement of two judgments from a court in Nicosia. That court, sitting in the southern part of Cyprus, ordered the Orams to vacate land situated in the northern part of the island and to pay various sums. The Orams had purchased the land from a third party in order to build a holiday home on it.

According to the findings of the Cypriot court, Mr Apostolides, whose family was forced to leave the north of the island at the time of its partition, is the rightful owner of the land. The first judgment, given in default of appearance, was confirmed by another judgment ruling on an appeal brought by the Orams.

The national court referred to the Court of Justice a number of questions concerning the interpretation and application of the Brussels I Regulation1. It asks, in particular, whether the suspension of Community law in the northern part of Cyprus and the fact that the land concerned is situated in an area over which the Government of Cyprus does not exercise effective control have an effect on the recognition and enforcement of the judgment, in particular in relation to the jurisdiction of the court of origin, the public policy of the Member State in which recognition is sought and the enforceability of the judgment. In addition, it asks whether the recognition or enforcement of a default judgment may be refused, on account of the fact that the document instituting proceedings was not served on the defendant in sufficient time and in such a way as to enable him to arrange for his defence, where the defendant was able to bring an appeal against that judgment.

First of all, the Court declares that the suspension provided for in the Act of Accession of Cyprus is limited to the application of Community law in the northern area. However, the judgments concerned, whose recognition was sought by Mr Apostolides, were given by a court sitting in the Government-controlled area. The fact that those judgments concern land situated in the northern area does not preclude that interpretation because, first, it does not nullify the obligation to apply the regulation in the Government-controlled area and, second, it does not mean that that regulation must thereby be applied in the northern area. The Court therefore concludes that the suspension of Community law in the northern area provided for by the protocol annexed to the Act of Accession, does not preclude the application of the Brussels I Regulation to a judgment which is given by a Cypriot court sitting in the Government-controlled area, but concerns land situated in the northern area.

Next, the Court states, first, that the dispute at issue in the main proceedings falls within the scope of the Brussels I Regulation and, second, that the fact that the land concerned is situated in an area over which the Government does not exercise effective control and, therefore, that the judgments concerned cannot, as a practical matter, be enforced where the land is situated does not preclude the recognition and enforcement of those judgments in another Member State.

In that connection, it is common ground that the land is situated in the territory of the Republic of Cyprus and, therefore, the Cypriot court had jurisdiction to decide the case since the relevant provision of the Brussels I Regulation relates to the international jurisdiction of the Member States and not to their domestic jurisdiction.

The Court also states, as regards the public policy of the Member State in which recognition is sought, that a court of a Member State cannot, without undermining the aim of the Brussels I Regulation, refuse recognition of a judgment emanating from another Member State solely on the ground that it considers that national or Community law was misapplied. The national court may refuse recognition only where the error of law means that the recognition or enforcement of the judgment is regarded as a manifest breach of an essential rule of law in the legal order of the Member State concerned. In the case in the main proceedings, the Court of Appeal has not referred to any fundamental principle within the legal order of the United Kingdom which the recognition or enforcement of the judgments in question would be liable to infringe.

Furthermore, as regards the enforceability of the judgments concerned, the Court states that the fact that Mr Apostolides might encounter difficulties in having the judgments enforced cannot deprive them of their enforceability. Therefore, that situation does not prevent the courts of another Member State from declaring such judgments enforceable.

Lastly, the Court states that the recognition or enforcement of a default judgment cannot be refused where the defendant was able to commence proceedings to challenge the default judgment and those proceedings enabled him to argue that he had not been served with the document which instituted the proceedings or with the equivalent document in sufficient time and in such a way as to enable him to arrange for his defence. In the case in the main proceedings, it is common ground that the Orams brought such proceedings. Consequently, the recognition and enforcement of the judgments of the Cypriot court cannot be refused in the United Kingdom on that ground.

[1 Council Regulation (EC) No 44/2001 of 22 December 2000 on
jurisdiction and the recognition and enforcement of judgments in
civil and commercial matters]

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2007:297:0020:0021:EN:PDF














Mr and Mrs Orams - Lost Case


Wednesday, 8 April 2009

Language Soup: Obama's Speech in Turkey: Kutsal Saçmalık (holy shit)

Language Soup: Obama's Speech in Turkey: Kutsal Saçmalık (holy shit)

Oh if Obama had been able to call a "spade a spade" rather than all those lavish words of undeserved praise heaped upon a nation that seeks the permanent partition of the island of Cyprus (passing at first through an agreement they hope the Greek Cypriots will be forced to accept, for a confederation, as a way of getting their invasion 'legalised') ... while he contributes to their distortions of reality and praises them for their contribution towards peace in the region.

Thursday, 2 April 2009

Need for a Solution to the Cyprus Problem

“The Need for a Solution to the Cyprus Problem and
related current developments”

by

Mr. Stefanos Stefanou
Cyprus Government Spokesman

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View thumbnails

Monday, 30th March 2009

Organised by The Cyprus Centre of the London Metropolitan University



in association with
The Association of British Cypriot Professionals

EPISTEME - EPISTHMH

under the auspices of the
National Federation of Cypriots in the United Kingdom
www.cypriotfederation.org.uk



a.chrysostomou@londonmet.ac.uk

A full 74 minute video of this event is available for viewing online (copies can be downloaded, and the code for embedding this video into other websites can be obtained) from links at: the following source page:

http://www.archive.org/details/StefanosStefanouNeedforaSolutiontotheCyprusProblem