Showing posts with label TRNC. Show all posts
Showing posts with label TRNC. Show all posts

Thursday, 7 October 2010

Turkey sued in US courts by Cypriots (video) - Athan Tsimpedes






(with apologies that equipment failure at 30 minutes prevented recording the rest of this event)


Lobby for Cyprus Seminar


Greek and Greek Cypriot plaintiffs sue Turkey in US courts for return of their homes in Turkish occupied Cyprus


Speakers:


Athan T. Tsimpedes
Dr Klearchos Kyriakides
Nick Kounoupias
Costas Frangeskides


5 October 2010


Speaker Profiles


Athan T. Tsimpedes is a Greek-American attorney, founder of the Tsimpedes Law Firm, based in Washington DC. He has enjoyed success in a variety of practice areas including international and domestic litigation. Athan has appeared on numerous media and news outlets regarding cases ranging from representing clients against McDonald's to advocating the rights of displaced Cypriots. Athan is currently involved in Class Action litigation advocating rights of former security personnel in the US. In another case, Athan represents the Kurdish victims of the genocideal Anfal campaign, against Iraq.


In the realm of international complex litigation, Athan represented Ms Kirkham in the landmark case of Kirkham v Air France. Ms Kirkham was severly injured while travelling outside the US. Athan successfully litigated in favour of Ms Kirkham against France because of a transaction with Ms Kirkham which was commercial in nature and had a connection to the US.


The lawsuit Athan is pursuing against the pseudo-state in occupied Cyprus was filed in the same court where Ms Kirkham's case was won. The pseudo-state of the occupied territories of northern Cyprus is not recognised as a country by the US or any member of the United Nations, with the exception of Turkey. Yet it clandestinely markets itself in America by maintaining offices, hiring employees and contractors and advertising properties for sale in the occupied area. Therefore, its US enterprise deceptively described as an 'embassy' can be sued as a business entity in the US. In other words, what Air France was to France, the pseudo-state is to Turkey. The US courts would apply the precedent of Kirkham and similar principles in favour of displaced Cypriots worldwide.


The pseudo-state has committed fraud by selling property to unsuspecting buyers who believed they were purchasing property with clean legal title. Turkish and international banks facilitating such transactions are responsible for damages against displaced Cypriots and unsuspecting prospects that were duped into the fraudulent property scheme. For its involvement, the international banking congrlomerate HSBC and its various branches are also named defendants in the lawsuit.


See also the powerpoint presentation used by AthanTsimpedes, available at:


http://www.youtube.com/watch?v=wDdDL4R8tL0


Recently the international media including American, Greek, Cypriot , Turkish and American outlets reported that on behalf of a Cypriot organisation for displaced mothers and children, Athan successfully lobbied megastars like Rihana and Justin Timberlake not to perform in the pseudo-state. A simple Google search will verify Athan's proverbial 'long arm of the law'!


Dr. Klearchose Kyriakides is a senior lecturer and a non-practising solicitor at the School of Law of the University of Herfordshire in St. Albans, England. He holds an LLB Hons (Law and Politics) Degree from the University of Birmingham together with the MPhil and PhD (International Relations) Degrees from the University of Cambridge and a Postgraduate Diploma in Legal Practice from the University of Westminister. He is a Member of The Law Society of England and Wales. Dr Kyriakides lectures in constitutional law and he is the author of numerous works on constitutional and legal themes, including on Cyprus.


Nick Kounoupias is deputy co-ordinator of Lobby for Cyprus. He is a partner in a UK top 100 law firm specialising in copyright, human rights and cultural property litigation.


Costas Frangeskides is a partner in the City law firm of Holman Fenwick Willan, specialising in international litigation and dispute resolution. He is a long standing member and deputy co-ordinator of Lobby for Cyprus.


Programme:


Introduction


Costas Frangekides chairs the panel


Keynote speaker: Athan K. Tsimpedes


Prominent US Attorney Athan Tsimpedes makes a presentation on the class action he is pursuing in the US Courts on behalf of US, Cypriot and Greek plaintiffs against Turkey and its illegal regime in the occupied areas of the Republic of Cyprus for the return of their homes and for significant damages.
http://tsimpedeslaw.com




Conclusion
by Dr. Klearchos Kyriakides


Question and answer session
Chaired by Nick Kounoupias


Persons wishing to become involved in the Lobby for Cyprus campaign  see details below.


Lobby for Cyprus is a non-profit organisation that relies on volunteers and donations to carry outs its vital campaign work. If you would like to contribute in any way to the just cause please contact:


Lobby for Cyprus
POBox 692, Edgware, HA8 4LA
Tel: +44 (0)20 8888 2566
email: admin@lobbyforcyprus.org
http://www.lobbyforcyprus.org


Lobby for Cyprus is a non-party political organisation with the aim of reuniting Cyprus

Sunday, 24 January 2010

Apostolides v. Orams Case - "The Party is Over"

The expression on the face of Cherie Blair Booth QC in this image seems appropriate to re-publish from the post on this blog in April 2009 with reference to the judgement issued on 19th January by the British High Court on the Apostolides v Orams case, in which she was counsel for the losing Orams couple.

View the actual judgement online here

Video of a 24th March 2010 Seminar organised by the Lobby for Cyprus, with Constantis Candounas and Meletis Apostolides and other speakers, providing an update on this case as well as about the February 2010 judgement by the ECHR in the Demopoulos v. Turkey case is available by clicking here.

The Cyprus Mail's Stephanos Evripidou reported on the 22nd of January
"Foreign trespassers and illegal developers of Greek Cypriot properties in the north were warned in no uncertain terms yesterday that “the party is over” by the lawyer for Melitis Apostolides in the Orams case. Constantis Candounas warned that there was “no free ride” anymore for those who exploit Greek Cypriot properties in the north following the victory in the English Court of Appeal on Tuesday. “My only message to trespassers and illegal developers in the north is that the party is over. I’m sorry,” he said. The English Appeals Court ruled in favour of Apostolides, ordering the Orams to demolish the home they built on his land in Lapithos, return the property and pay back rent (£300 for every month since 2002 plus interest) and legal costs, estimated at around £1.35 million sterling."
From now on the judgements of Cypriot courts which refer to properties in the occupied territories can be registered and executed in the United Kingdom, and of course also in the other countries of the European Union.

The significance of the judgement by the British Court was also highlighted in statements to CyBC by Mr Apostolides's British counsel (contained in the 19th January news report in Greek, provided below)
"It means that the English courts are prepared to vindicate the property and human rights of people who have been driven from their land by force of arms. I think that's very important. It means that we take seriously the rule of law - and I was worried at one stage that the English courts might want to try and avoid that issue, because its difficult. The other thing which I think is really important is that it sends a big signal to people, saying - 'be very careful if buying property in the north of Cyprus. Find out who owned it previously'."
The Press Release by the Law Office of the Republic of Cyprus is here

Clip 1 - News in English followed by midday news in Greek including a telephone interview with lawyer Costantis Candounas about the outcome.
http://www.youtube.com/watch?v=r6Cna1P5YnQ



Clip 2 - midday interview with Costantis Candounas
followed by the main evening news, all spoken in Greek
http://www.youtube.com/watch?v=YzqNqtiZJVA



Clip 3 - main evening news in Greek continued, followed
by the news in Turkish.
http://www.youtube.com/watch?v=zOU0RigUASU




The CyBC's Eponymos program on the evening of 19th January carried a one hour discussion on the outcome of the case, chaired by Emilia Kenevezou, featuring four heavyweights from Cyprus' legal profession - Kypros Chrysostomides, Andreas Angelides, Achilleas Demetriades, Christos Clerides



Apostolides Orams Outcome - The Party is Over 1of2
http://www.youtube.com/watch?v=wagVeXt9TuU
News in English, then the news in Greek 21/1/10



Apostolides Orams Outcome - The Party is Over 2of2
http://www.youtube.com/watch?v=G6Xfx0FmQ5M
News in Greek continued, then news in Turkish 21/1/10




Thursday, 26 November 2009

Turkey for Thanksgiving and Cyprus problem unresolved


Turkish Cypriot Union protest Turkey's Policies


This blog-post is intended to highlight the discussion held in
the Euro Parliament yesterday 25th November 2009 to debate
the Report submitted by the Commission and EU Enlargement
Commissioner Olli Rehn about the EU's continuing negotiations
regarding Turkey's possible accession to the bloc 5 years after
it has failed to implement the Ankara Agreement which was part
of the terms for its commencing such a process.

View video of the European Parliament's discussion:



This comes during the week when Turkish Cypriot Unions staged
massive demonstrations outside both the Turkish Embassy in 'northern'
Cyprus and outside the 'parliament' of the vassal state it created by its
invasion of the island 35 years ago - as part of the expression of
indignation
by indigenous Cypriots against the policies pursued by
the Republic of
Turkey in Cyprus.

In addition to members of the Turkish Cypriot Teacher's Union, other
participants in the ongoing mobilisations against Turkey's policies on
the island include workers in the electricity and telephone unions as
well as those who work for the 'state' and for the 'municipalities', doctors,
nurses -- all the prestige sections of Turkish Cypriot society.

The video immediately below is from the 29th October demonstrations
which saw 19 people arrested:



The video immediately below is from the even larger 23rd November
demonstration during which tear gas was used by 'the authorities'
during which 17 people were arrested.



The section below provides an extensive translation from a particular
episode of the Cyprus Broadcasting Coropration's Biz-Emeis bilingual
Greek-Turkish programme, broadcast on 16th November.

The passage which is most relevant to bring to the attention of the world,
and to members of the European Parliament - as the EU prepares for the
December EU Leader's Summit which is to decide on the future of
Turkey's
accession process in the light of the 'lack of progress in
normalising relations
with the Republic of Cyprus'

... is the following:
"... the message we want to send out through our actions in
the north is directed against Turkey. Because the ones who
impose the policy of assimilation and integration is none
other than the Republic of Turkey. On the one hand it tells
the whole world that it desires a solution on the island yet
on the other it tries to assimilate and integrate the north
of the island."
The entirety of the interview is highly revealing of how educated
indigenous Cypriots who are of Turkish ethnicity feel about Turkey's
policies
on Cyprus, and so the content of the videos embedded
below has been translated
into English and is exclusively available
from this blog. Other publishers are
encouraged to re-print the
content provided below.



Turkish Cypriot Unions protest Turkey's policies 1of3



(Turkish Cypriot Announcer): Good evening dear viewers.
We are with
you again for the first programme of the week
with purely Cypriot
matters. Our programme is proud that
from this first programme we are
closely following current
events. So tonight we will deal with yet
another current
matter, and in order to be better informed about the

problems which are being faced by trade unionists, we
have with us in
the studio the Secretary General of KTÖS,
Mr. Şener Elcil and the
Executive President of the Union,
Mr. Burak Maviş.



(Titles)


(Turkish Cypriot Interviewer): Good evening ladies and
gentlemen -
during recent days we have seen the
intensification of union struggles
in the Turkish Cypriot
community. There are strikes and
demonstrations, and
as always in all the protests KTÖS is to be found
in the
front line. We have with us in the studio the 'General

Secretary' of KTÖS, Mr Sener Ercil and the 'Organising
Secretary' of
the union, Mr Burak Maviş, who will update
us on the aims of the
unions and provide us with a first
assessment on the demonstrations
which are taking place
(in the 'north') ... welcome.


(Greek Cypriot Interviewer): Welcome.


(Turkish Cypriot Interviewer): What are the aims of the
unions and why
have they mobilised and become involved
in such intensive action? Are
the reasons economic ones,
political ones, or are there other reasons?


(Şener Elcil): The reasons for the mobilisation are not
economic ones.
These are political decisions which are
related to economic matters.
As you know, there have
been systematic policies which are intended to
achieve
integration of the north part of the island with Turkey, as

well as policies which are aimed at the assimilation of
the Turkish
Cypriots.

Within the context of this policy, firstly the names of
Turkish
Cypriot villages have been changed, forcing
Turkish Cypriots to take
on new names.

Furthermore, all economic activities are directed by
Turkey. A vassal
administration has been created in
the north of the island ... and
because they had no faith
in the Turkish Cypriots they have
transferred a numerically
greater number of people (from Turkey)
making them
'citizens' and have thus undermined the political will of
the Turkish Cypriots. Now there are efforts underway to make
the
economy in the north of the island similar to that of Turkey.

Within the context of these efforts a law has been prepared.
This law had
been prepared during the period when the
CTP (Republican People's
Party) had been in power. Having
realised they couldn't impose this
'law' on the CTP they
went ahead with 'early elections'. With the
advent to
power of the UBP (Party of National Unity), which,
obeying
Turkey's instructions, is trying to enforce this
'law'.


Now, regarding the provisions of this 'law'- all new employees
in
public service will start at half the salary. Though a new employee would have started on 1000 euros a month, this
will now be reduced to
about 500 euros. I am talking about
the gross salary. Moreover, the
salaries of existing
employees will be reduced by one third.


In parallel with this however, the salaries of those holding political office will be increased.

We therefore feel that this law is not based on economics
but on
politics. In this way a political elite is created which
will
implement Turkey's directives. All those will get good
salaries and
will implement Turkey's policies while the rest,
and in particular the
Turkish Cypriots who will not be able
to make ends meet with a low
salary, will be forced to
emigrate from the island.


Consequently this is all about a law intended to create emigration of the Turkish Cypriots from the island.

For those who govern us, the significance is only the size
of the population,
because with the policy of "A Turk leaves,
a Turk arrives" (a Turkish Cypriot
leaves, a Turkish settler arrives) the Turkish Cypriots are of no importance to them.
This is a plan which is intended to destroy, to decimate, our community.


The rights of the unions are also abolished in collective bargaining. This is another way to close the unions because
it is the unions which
resist such anti-democratic practices.

This 'law' consequently has political aims and that is the
reason why we are reacting with demonstrations and other actions.


(Question from Turkish Cypriot interviewer): Mr Maviş, the other day there was a big demonstration. Certain media downplayed this demonstration, saying for example that participation was minimal. How do you evaluate participation in the demonstration?

(Burak Maviş): It is natural for such events to be misrepresented in the media which are under the influence of the dominant side. Such information appeared in newspapers such as Kibris, Vatan and Volkan - newspapers which are dependent, and are being directed. The other newspapers did not convey such (misrepresented) news. On the contrary, they published articles and commentaries which showed the success and effectiveness of this demonstration.

At this point I would like to thank the Turkish Cypriot media
which
support such demonstrations by the unions.

Participation in the demonstration, particularly among
the Turkish
Cypriot teachers approached 99%.

Some of our members did not take part in the strike for
political
reasons. Our position towards them will be
determined by the
provisions of our charter.

Our strike was crowned with success due to the
participation also of
the other unions. We had a large
march. Students of the Educational
Academy, the
Turkish Cypriot equivalent of the Cyprus Pedagogical

Institute also participated in the march. There was a
large and
enthusiastic procession.

Despite the fact that our 'Constitution' guarantees the right to
strike and to demonstrate, the 'police' blocked us.

(Question from Turkish Cypriot interviewer): they obstructed you?

(Burak Maviş): ... they set up roadblocks.

We continued with our march, we bypassed the roadblocks and marched towards the point where we were due to have our demonstration, in front of the 'Parliament' and we protested where we were supposed to. This disturbed certain circles. Such a confrontation, and our getting past the roadblocks disturbed the authorities and their supporters, and those who wish the assimilation of the Turkish Cypriots.

Our strike was successful.

I do not know how far such news will reach, however as long as Turkish Cypriot society remains determinedly (at our side) it will provide the appropriate answer to such news-reports.


(Question from Turkish Cypriot interviewer): Were charges brought against some of those who took part in the strike?

(Burak Maviş): Yes, and I am one of those.

19 participants in the demonstration have had charges brought against them for disrupting the task of 'the police' and for attacks against 'policemen'.

This is all about particular people who are in the front line.

Leading persons in the union, among which are included the Executive President of KTÖS, Guven Baroglu, were instructed to report to 'the police' headquarters where charges were brought against them.

As a result of these summonses, all 19 of us went to the headquarters with our banners. Once there we declared that we did not commit the offences with which we have been charged.

This is all about a fascist tactic, the same as was practised in Nazi Germany and in underdeveloped countries - something which we felt to have been the case in Cyprus from 1955 until 1974. Using the right to democratic action we provided, and will continue to provide, our response to such practices.

Such coercion can not intimidate the Turkish Cypriot teachers, the Turkish Cypriot working classes, or Turkish Cypriots generally.



(end section 1)
==================================
(start section 2)

Turkish Cypriot Unions protest Turkey's policies 2of3



(Question from Greek Cypriot interviewer): In your response earlier, you mentioned that underlying all these problems is the arrival of masses of settlers. I have had cause to ask you in the past, and I don't know if at this particular time there are specific numbers - how many settlers are there currently? Are such figures available?

(Şener Elcil): It is very difficult for anyone to know what the
population is in the north of the island. Different sources
provide
varying figures as regards the population there.
It is said that it is
about one million - in his statements
Talat has referred to 500,000 -
officially it is put at 264,000
- I believe however that this is a
misleading number.

When ones goes out in the streets one sees the difference.

According to one study which we carried out in schools two years ago - of the students in our schools, 37% are children of citizens of the Republic of Turkey, 19% are children of settlers who came to the island after 1974 and who have been registered as citizens, 9% are children of settlers who are married to Turkish Cypriots, 1% are children from third countries. Children whose parents are indigenous Turkish Cypriots make up 34% of our students.

This shows that only one third of our population in the north
are
Turkish Cypriots.

Approaching your question from this perspective, and if we do accept that Turkish Cypriots in the north are 130,000 we must therefore be talking about a population three times that.

Consequently it is not possible to talk about a specific
number ...
but when we present these factors, as scientifically proven - we evoke a terse response - this is a matter which disturbs those who seek assimilation of the Turkish Cypriots.

Whoever does talk, or refer to such matters, does so at risk to their life.

As a result, the population of the north is unknown.

At a time when there are negotiations between our leaders, and if as a result of these we do proceed to a referendum, we as a union of Turkish Cypriot teachers demand, as we have incidentally also done in the past - that there should be a census of the population overseen by foreign observers.

I wish to stress that if there are to be those who will decide
on a
solution and the future of our island, these should be the Cypriots.


(Question from Turkish Cypriot interviewer): As unions you
will of
course naturally continue your industrial action.
Can you talk to us a
little more about your plan of action?

(Şener Elcil): The north is entirely under Turkey's control and that of the government of the day.

We say this.

One of the reasons why on the day of the demonstration the 'police' attacked our comrades was because of a banner they were holding. This banner said that the Republic of Turkey is treating Cyprus as its province. We showed this banner in front of the Turkish Embassy. This disturbed them a lot.

Therefore the message we want to send out through our actions in the north is directed against Turkey. Because the ones who impose the policy of assimilation and integration is none other than the Republic of Turkey. On the one hand it tells the whole world that it desires a solution on the island yet on the other it tries to assimilate and integrate the north of the island.

Therefore, all our actions, and all our demonstrations, are
aimed at
the officials of the Republic of Turkey. Behind all the attacksagainst us, the 'police interrogations', the attacks and the threats against us - is the government of the Republic of Turkey.

At this point I would like to give out the message that we will
continue our actions, the strikes and our demonstrations. We will wage our political struggle so that this 'legislation' will not be adopted, and if it is adopted we will continue until it is repealed.


(Question from Turkish Cypriot interviewer): According to some polls, people consider teachers to be in the category of those who are better-off and they do not understand why they should be on strike. How would you reply to that?

(Şener Elcil): The best organised and most militant union is the Teachers Union. That is how it has always been in the past, before the union was even created. In intra-communal clashes the teachers have always been at the forefront.


(Question from Greek Cypriot interviewer): To continue on from the question set by my colleague, and given what you have told us, other than your members who are participating en mass in these demonstrations - are there also simple Turkish Cypriots who are with you? Do they take part in your actions?

(Şener Elcil): We are not struggling alone. We have at our side the workers unions - the workers in the electricity and telephone unions as a common platform, there are those who work for the 'state' and workers in the municipalities, doctors, nurses -- all the prestige sections of society ... if you are asking why the teachers are doing this, the answer is that the teachers are not struggling for money ... the union of Turkish Cypriot Teachers is struggling for civil rights.

We are not involved in this struggle in order to improve our salaries or even our standard of living. We can achieve that if we do want to do that. We are affected however when the parents of the children we teach are working in bad conditions and are not adequately rewarded. The teachers are a part of society and as such we struggle for the welfare of the society, it defends its democratic rights and the creation of a social order where there is respect for human rights.



(end section 2)
------------------
(start section 3)

Turkish Cypriot Unions protest Turkey's policies 3of3



(Question from Greek Cypriot interviewer): We have only a
few minutes
left - we would also like to know your future
plans. Given these
actions which are already under way
- what will be your next steps?
What will be your next
actions? Are there appeals?


(Burak Maviş): The struggle of the Turkish Cypriot
Teachers
which started in 1968, with the understanding
that the problems of
teachers are related to civil rights,
will continue into the future.
Even though there are
economic reasons, our struggle is mainly
a political one.
The efforts which began in 1955 and in 1974 led to
the
de-facto division of the island and the separation of the
two
communities, will continue into the future.

Turkey will continue to implement its policy of political assimilation of the Turkish Cypriots. Our union and the
Turkish Cypriot community
will continue its struggle
against efforts to assimilate its identity,
its culture, its
religious consciousness, its language (dialect) and
the
social life of the Turkish Cypriots.


We will resist Turkey's efforts to implement the policy
which it
implemented in Hatagi when it annexed it to
Turkey in 1939. We
understood a long time ago that
we will not achieve our goal through
'elections' to
'parliament' and the kind of discussions which have

occurred from 1974 to this day.

In the north of the country there is a policy of "get up
get up - sit
down sit down" ... there are those who
give the orders and those who
implement them. The
elections are simply intended to choose those who

will implement the orders.


We know that the essential problem is that Ankara is
behind all the
interventions which occur in the Turkish
Cypriot community. In setting
our direction and our
actions we strive through strikes and
demonstrations
to increasingly realise our society, to bring it with
our
part so we can continue our struggle by projecting a
more radical
and dynamic position.


(Question from Greek Cypriot interviewer): In closing,
during the
last few seconds, will these actions continue,
and to what extent are
you determined to implement
even more dynamic measures? Very quickly


(Şener Elcil): We are determined.

I do want to clearly lay down an important distinction.

As a Turkish Cypriot, when I cross into the south, I am
treated as a
Turk. When I cross into the north I am
regarded as a Cypriot. I am
first and foremost a Turkish
Cypriot. This must be understood. I want
to remind
everyone in Cyprus that they must respect the struggle
which
the Turkish Cypriots are involved with in the north.
We have been
waging this struggle for many years now,
for the survival of our
community, to not be assimilated
and we will continue this struggle to
the end.


(Turkish Cypriot interviewer): We thank you, and I wish
you good luck
with your struggle.

(Greek Cypriot interviewer): We thank you very much,
and we hope that
your struggle will be productive.



Turkish Cypriot Newspapers 24th Nov 2009