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The Orams have won their case
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Crash Test Dummy
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PostPosted: Tue Jan 19, 2010 12:45 am    Post subject: Reply with quote

Its tomorrow guys
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repulsewarrior

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PostPosted: Mon Jan 25, 2010 5:28 am    Post subject: Reply with quote

...news all over the world.

the Orams did not win, they are packing their bags to leave quickly.

the rights of a property holder have been upheld; 'facts on the ground' are meaningless, if tresspass is evident.
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erolz

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PostPosted: Mon Jan 25, 2010 5:04 pm    Post subject: Reply with quote

repulsewarrior wrote:
...news all over the world.

the Orams did not win, they are packing their bags to leave quickly.

the rights of a property holder have been upheld; 'facts on the ground' are meaningless, if tresspass is evident.


The problem is RW is that the claimant still has no more access or ability to use his property than when he started this legal action.

The Orams will apply for permission to demolish the house. They will be refused such permission. They will leave the house and report to the UK court that they have done all in their power to met the requirments of the Republic of Cyprus judgments and maybe even symbolicaly hand over keys to the property they have been ordered to demolish. The financial penalties will be paid, though the Orams will no doubt get assistance with this. They may also be 'compensated' by the Turkish Republic of Northern Cyprus with another property in the North. THe financial penalties that will accrue to the claimant are fairly minimal, the lawyers have made millions.

The Orams will loose the use of the property in the north, but the plantif will not get such use either.

In some senses it is a 'victory' in as far as it undermines the sale of such property in the future but in terms of the the claimant getting back his property it has achieved nothing.

It may have helped or hindered the peace process. Time will tell. What it is not however is any sort of solution, not to the wider cyprus problem or even really to those that have lost land.
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repulsewarrior

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PostPosted: Tue Jan 26, 2010 6:20 am    Post subject: Reply with quote

...we have a definition of Property, this is good news because a Universal Tenent has been upheld under tremendous pressure. ironicly we can thank the Turkish State (and British) in demonstrating its value still.

as Cypriots we can hope now that this Principal is clear, and that it can be a foundation on which our freedom is based. it is for this reason that i have suggested that Bicommunally, as Individuals and as Persons demands a definition of Bizonality which follows with an end to the island torn in two as a 'fait accompli', and where at least for some a return as communities is possible, in the north and in the south, by adding to our geography enclaves.

we can live respectfully for each other as one People, while as Peoples respecting ourselves. three governing bodies must exist: a State that is Sovereign and two National Assemblies whose Jurisdiction is to serve a territory madeup of components that extend across the whole island.

...it may be that in this particular case the owner may not be able to return to his home to enjoy it himself, but he is now able to rent it to someone else at least to enjoy its benefit, we hope. if it is not torn down, this would be a sensible step forward. if the authorities determine to stand beligerant, there will no longer be any reason for the International community to consider its credibility.
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Crash Test Dummy
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PostPosted: Thu Jan 28, 2010 12:42 am    Post subject: Reply with quote

Erol the fact they cant use the house is irrelevant.

Its their house. If for one reason or another they cant access it then its still theirs.
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erolz

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PostPosted: Thu Jan 28, 2010 8:37 am    Post subject: Reply with quote

Crash Test Dummy wrote:
Erol the fact they cant use the house is irrelevant.

Its their house. If for one reason or another they cant access it then its still theirs.


I understand that CTD but that was the case before was it not ?
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Crash Test Dummy
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PostPosted: Wed Feb 03, 2010 11:15 pm    Post subject: Reply with quote

I don't understand your question/point Erol.
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erolz

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PostPosted: Thu Feb 04, 2010 4:34 am    Post subject: Reply with quote

I am just wondering what the Orams case has 'achieved'.

If what is has achieved is recognition in courts outside the Republic of Cyprus that pre 74 Greek Cypriot owners remain legal owners of property in the North, then that was already the case with the ECHR rulings that came before the Orams case.

Certainly it has achieved damage to the sale of property in the North to those with EU assets. Maybe this will help the propsects for a solution but it just as easy to imagine that it has and will worsen them.

We need a political solution. These limited private civil actions are just that, limited private civil actions and ones that do not result in any return or resolution even re the indivdual property concerned let alone in general terms.
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repulsewarrior

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PostPosted: Fri Feb 05, 2010 5:10 am    Post subject: Reply with quote

the Orams protested, a
matter of plight. facts on
the ground was a plea
to be heard, on the ground.

what was the case, not
property, its ownership unquestionable
but passage, the trespass
an issue sponsors pressed
this far. the results are monumental
for plunderers worldwide
a signal, without consent
there is no issue to plea

...so it is a victory for all Cypriots
it is a victory for all Mankind, indeed
for all Humanity because what is
a Universal Right, prevails.
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Crash Test Dummy
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PostPosted: Tue Feb 09, 2010 6:11 pm    Post subject: Reply with quote

RP has got it in one.

Nothing has been gained per se. Just that which is right and just has been upheld.

It will help the situation as there is less of an incentive for there to be no solution. Selling stolen assets/land suits quite a lot of people in a financial sense.
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