The Cyprus government's decision to approve the friendly settlement between Greek Cypriot refugee Mike Tymvios and Turkey for the exchange of property north and south was met with widespread disapproval among political parties All parties bar ruling AKEL saw as negative the cabinet decision to approve the transfer of Turkish Cypriot land in Larnaca to Tymvios as agreed in an amicable settlement at the Immoveable Property Commission (IPC) in the north, followed by the purchase of that land by the state for €13m.
EDEK’s second vice-president Costis Efstathiou described the decision as an “unfortunate development”. He accused the government of doing more harm to the national cause than those Greek Cypriot refugees seeking remedies at the IPC.Giving an official stamp of approval to the exchange of property between Greek Cypriot and Turkish Cypriot refugees was “unprecedented”, said Efstathiou.
EDEK considers it another “gift” that should be revoked and withdrawn along with Greek Cypriot proposals at the peace talks on property, a rotating presidency, weighted voting, Turkish settlers and rights given to Turkish nationals in a reunified Cyprus, he said. DIKO released a statement echoing the views of EDEK about this being the latest in a long line of “unacceptable proposals” to come from the current government. The latest decision will have negative consequences on the property issue in the peace talks, warned DIKO.
The minority opposition party questioned how it was possible for a near bankrupt Cyprus to give a semblance of legitimacy to the Turkish side while also spending €13m “to enable an act by an illegal committee of the pseudostate and the occupying power”.
DIKO deputy Nicolas Papadopoulos said: “The exchange of property should not replace other remedies like restitution of ownership,” as this would serve Turkey’s aim to completely segregate the two communities on the island. He also questioned the wisdom of the Cyprus Republic paying for Turkey’s violations of property rights.
DISY deputy Lefteris Christoforou said the government had a duty to discuss the matter with parliament and the national council before deciding to approve the exchange of property.
The House Refugee Committee will discuss the Tymvios case tomorrow in an ad hoc meeting. AKEL deputy and committee chair Skevi Koukouma said the latest decision in no way opens the floodgates, arguing these were a very special set of circumstances.
In 2007, Tymvios reached an amicable settlement with Turkey after applying to the IPC for a remedy against a substantial amount of property he owned in the north. The IPC offered in exchange 27 donums of Turkish Cypriot land in Larnaca. However, the Land Registry in Larnaca, on the advice of the Attorney-general, refused to allow the transfer of title deeds to Tymvios.
The Greek Cypriot refugee filed two lawsuits against the Republic for refusing to allow the transfer of property, as well as an appeal at the European Court of Human Rights (ECHR) and a complaint at the Council of Europe’s Committee of Ministers, the body responsible for monitoring implementation of ECHR decisions.
On Monday, Attorney-general Petros Clerides confirmed reports that the government had agreed to transfer Turkish Cypriot land in Larnaca to Tymvios and then purchase the land for €13m off him. He argued this was a ‘one-off’ case as the amicable settlement had been endorsed by the ECHR in 2008. This is unlikely to happen again since a subsequent ECHR ruling put an end to Greek Cypriot property applications to the Strasbourg court, he argued. Furthermore, he said, the land in question was home to two schools and a number of businesses owned by Greek Cypriot refugees. It was also bought by the state for nearly half its estimated value. One legal analyst told the Cyprus Mail that the decision was bound to encourage more Greek Cypriot refugees to agree to an exchange of property at the IPC.
According to Politis, three Greek Cypriots are on the verge of approving friendly settlements at the IPC for exchange of property, buoyed by the results of the Tymvios case. The government will have a hard time explaining why it refuses to endorse new transfers of property in the future, said the analyst, adding that failure to do so may result in appeals in local courts and recourse to the ECHR again.
By Stefanos Evripidou
Cyprus-Mail