Cyprus PIO: Turkish Press and Other Media, 05-12-23

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From: The Republic of Cyprus Press and Information Office Server at <http://www.pio.gov.cy/>

[A] NEWS ITEMS

[01] The Turkish of Foreign Affairs welcomes the steps taken in occupied Cyprus.

[02] Turkish diplomatic sources assess that the ECHR decided that there is no need for Turkey to pay Xenides compensation.

[03] The law on property compensation went into force yesterday.

[04] How the Turkish Cypriot press covers the ECHR decision on Myra Xenides-Arestis case.

[05] Talat says he does not take instructions from Ankara.

[06] Turkish and Turkish Cypriot journalists who went to Israel upon an invitation of the American Jewish Association, met with the Israeli.

[07] Lara Beach leased to a private company.

[08] Mr Rauf Denktas addressed the Turkish Parliament.

[09] Erdogan on issues on the agenda of Turkish politics.

[10] Writers sentenced under article 301 of New Penal Code.

[A] NEWS ITEMS

[01] The Turkish of Foreign Affairs welcomes the steps taken in occupied Cyprus

Issuing a statement on ECHR's decision about the Greek Cypriot citizen Xenides-Arestis´ application, the ministry said that the ECHR demanded formation of an internal remedy within three months in line with European standards which would respond to both Arestis's application and also to similar applications.

The ministry said that the ECHR ruled that the property right of Arestis was violated, but no compensation was deemed necessary.

The ministry also stressed that the ECHR suspended all similar applications as it gave a certain period for creation of an internal remedy, adding "we believe that the amendments to the Law on Compensation, Exchange and Return of Immovable Properties will meet the mentioned expectations. The property issue in Cyprus has complicated elements, yet the mentioned regulation presents an important opportunity. Indeed the decision taken by the ECHR today shows that this legal regulation was very appropriate. In this context, we welcome this important step taken by TRNC government and parliament."

[02] Turkish diplomatic sources assess that the ECHR decided that there is no need for Turkey to pay Xenides compensation

Diplomatic sources said that the most important part of the decision is that it pointed out to the need of an internal remedy that has to be formed within the Turkish Republic of Northern Cyprus (TRNC) (occupied territories of the Republic of Cyprus).

Arestis case was particularly significant as it was the first case that would be taken up by the ECHR after Turkey's paying compensation to Greek Cypriot citizen Loizidou and after rejection of the Annan Plan by the Greek Cypriots.

The decision of the ECHR in Arestis case was also important as it would constitute an example for similar Greek Cypriot applications pending before the ECHR.

In its first assessment, the ECHR had presented written questions to the Greek Cypriot administration (Republic of Cyprus) and Turkey in May 2004 regarding the rejection of the UN plan, the structure and operation of the commission founded in TRNC to investigate property claims. Meanwhile, the TRNC parliament adopted a property law on December 19th, 2005 in order to provide an effective legal remedy to the dispute and quell an avalanche of lawsuits Turkey faces in ECHR by Greek Cypriots.

Greek Cypriot administration's Foreign Minister George Iakovou said that they didn't recognize any institution in TRNC defending the view that Greek Cypriots would reject the TRNC's call for barter, compensation and return of properties.

Meanwhile, the Turkish party seems pleased over the ruling of the ECHR which asks Greek Cypriots to refer their applications to the Commission of Compensation in TRNC. The ECHR said in its verdict that the commission to be formed for internal remedy should be in line with ECHR standards and it has to be ready within three months. Turkish diplomatic sources think that the Greek Cypriot administration's expectations were not met by the ECHR verdict which accepted that the TRNC had the capacity to form an effective internal remedy. The ECHR, although not recognizing the TRNC, confirmed the legality of TRNC and its decisions.

Meanwhile, the Greek Cypriot administration is planning to adopt a law which will imprison those Greek Cypriot citizens who apply to TRNC Commission thinking that such applications would mean recognition of the TRNC.

[03] The law on property compensation went into force yesterday

The new Law on Property Compensation and Reinstatement came into force today after having been published in the official gazette.

The new legislation which was adopted by the TRNC Parliament on Monday, was signed into law by the President of the Republic on Tuesday.

The new law will pave the way for those who had had to flee North Cyprus before February 1975 to claim reinstatement or exchange of their immovable property and seek compensation for other properties left behind as they fled North Cyprus because of the events in 1974.

Speaking earlier after signing the new legislation into law, President Mehmet Ali Talat said that a special commission would be set up soon as envisaged by the new law.

He announced also that foreign missions of the Turkish Republic of Northern Cyprus have been instructed to start work on the process of selecting the two foreign members of the Commission to be set up as stipulated by the new Law.

[04] How the Turkish Cypriot press covers the ECHR decision on Myra Xenides-Arestis case

The paper writes that the international relations professor at the Eastern Mediterranean, Kudret Ozersay told the KIBRIS that the decision is positive for the Turkish side and that the steps made by this side within the next three months are expected. He pointed out that the foreign members of the so-called Compensations Committee must quickly be appointed.

Under the title Aresti opened the door of Varosha, Turkish Cypriot daily AFRIKA newspaper (23.12.05) argues that the decision is worse for the Turkish side than the decision taken on the Greek Cypriot refugee Titina Loizidou case. However, adds AFRIKA, those who try to hide this blow form the public opinion, presented this decision as a victory. The paper points out that the court calls on Turkey to introduce a remedy within three months in order to secure the return of Mrs Arestis house in Varosha. The paper publishes the statements issued by the Turkish Ministry of Foreign Affairs and the self-styled Minster of Foreign Affairs in the occupied part of the Republic of Cyprus, Mr Serdar Denktas.

HALKIN SESI publishes the decision under the title The ECHR pointed out to the local remedy in Cyprus.

Under the title The cases are shelved, YENIDUZEN describes the decision as important and writes that there are important messages that the law on the occupied Greek Cypriot properties will be accepted as local remedy.

Under the title Shocking decision, KIBRISLI argues that the approval of the law on the occupied Greek Cypriot properties was useful.

Under the title Neither return nor compensation, CUMHURIYET reports that Mr Serdar Denktas said that the decision of the ECHR shows that the Turkish side is on the right direction. The paper argues that the decision for paying compensations to Mrs Aresti will be taken by the so-called Compensations Committee in the occupied areas of the Republic of Cyprus.

VATAN argues that the political lobby for pressures which the Greek Cypriots tried to create has collapsed. The paper covers the issue under the title There is no need for paying compensations to the Greek Cypriots.

ORTAM covers the issue under the title Everything in its proper place and expresses the opinion that despite the fact the in the Turkish side they are talking about a victory, this is not the truth.

Under the title Step by step to the abyss GUNES argues that Varosha is lost for the Turkish side.

VOLKAN writes that the ECHR will force the Turkish side to take the decision which it would take, regarding the return of property and paying compensations to Greek Cypriots.

I/Ts.

[05] Talat says he does not take instructions from Ankara

Mr Talat said that there is a serious unproductive period on the Cyprus problem and accused AKELs General Secretary and President of the House of Representatives, Dimitris Christofias.

Mr Talat alleged: Unfortunately, we have before us a Greek Cypriot administration which is far from reaching an understanding and an agreement. They do not come to us with any logical suggestion and they want us to make concessions under any condition. However, let everyone excuse me, but I cannot give away to the Greek Cypriots the rights of the Turkish Cypriot people.

Referring to the so-called law on the occupied Greek Cypriot properties, Mr Talat reiterated that they did not prepare this law in order to solve the property issue, but to create local remedies for the cases filed by the Greek Cypriots at the European Court of Human Rights on the properties.

Mr Talat argued: The properties are not an issue to be solved without an overall solution being reached. However, we have to answer with a counter attack to the attack made against us. Therefore, the Turkish Cypriots must not avoid filing cases against the Greek Cypriot administration and to search for their rights.

I/Ts.

[06] Turkish and Turkish Cypriot journalists who went to Israel upon an invitation of the American Jewish Association, met with the Israeli President

During the meeting, which lasted about an hour, President Katsav stated that his country supports the negotiation procedure which will have as a result peace and solution in Cyprus. He also sated that this procedure is good and positive.

(C/S)

[07] Lara Beach leased to a private company

The company will build a 1500 bed-capacity five star hotel. The self-styled Assembly´s decision to this effect was published in the so-called official gazette and entered into force.

According to the decision Lara Beach area and its environs, which is around 186 donums and 2550 square feet, has been leased to the ETS company for 49 years.

The ETS will pay for the first five years 55 thousand sterling annual rent and on the sixth year 17 thousand sterling per month and as of the seventh year the rent will be decided according to the yearly increment rate.

According to the decision the ETS will invest 15 million dollar in five years period. The ETS will use 69 donums 2850 square feet area seashore as beach, and will not build anything on it.

The right to use the water well, leased to the ETS, will be used by the tenant during the period of lease.

(MHY)

[08] Mr Rauf Denktas addressed the Turkish Parliament

Taking the floor at the Turkish parliament on the Cyprus issue, Denktas said: "The issue can only be sorted out if the Turkish nation remains resolute to defend its national cause by not letting Greece take Cyprus as its 13th island."

"If you are determined not to cede Cyprus, please reject the additional protocol and include the condition that Turkey will not recognize Greek Cypriot administration unless a settlement is reached on the island," said Denktas to Turkish MPs and added:

"The Cyprus issue is between the two states which have two different languages and religions. It is an issue of balance over Cyprus. This formula was revived by Turkish President Ahmet Necdet Sezer and this formula was accepted many times at the Turkish parliament. If we want a lasting peace on the island, there is no formula other than this."

Mr Denktas stressed that there would be no compromise on the island as long as Greek Cypriots kept the title of legitimate Cyprus government. Noting that the national cause should not be sacrificed for anything, Denktas asked the Turkish parliament to defend the national cause and give hope to the Turkish Cypriots.

[09] Erdogan on issues on the agenda of Turkish politics

In his speech, Erdogan mainly focused on the Orhan Pamuk case, Alcohol prohibition, the identity debate, the General Elections and The Higher Education Council (YOK).

As for Article 301, according to which Orhan Pamuk is standing trial, Prime Minister Erdogan asserted that the EU did not say that this article "runs counter to the Copenhagen criteria."

In answer to the criticism levelled against Article 301 and the calls for its amendment, Erdogan said: "It is impossible to make legal amendments according to the orders that have been placed. This is the responsibility of the power of legislation." Erdogan once again underlined that it is wrong to intervene in the judicial process.

Noting that similar efforts were made for intervening in the judicial process in Van, Erdogan said: "No organ, no official, and no individual has the judicial authority to give instructions, to make suggestions, or to make recommendations to the courts or to the judges. Given that this principle is very clear, why are we experiencing such problems?"

Explaining that democracy is a regime of tolerance, Erdogan added: "It is necessary to tolerate this. We are a state of law. It is necessary to ensure that the Constitution and the laws are not violated. There are limits to the freedoms as well. The framework of this is obvious. You are not allowed to break this framework."

Referring to Article 301, Erdogan said: "Many studies have been conducted on this issue. Article 301 is in line with the Copenhagen criteria and therefore the negotiations with the EU began on 3 October. We did not have any problems with the EU. Furthermore, the law has recently come into effect. We cannot amend it right away."

In answer to Taha Akyol's question on "whether or not the case may affect the negotiations with the EU," Prime Minister Erdogan said: "The EU did not display an official reaction. In fact, such individual incidents cannot affect the process. I said to my friends from the EU: 'Do not act on the basis of press reports. You should receive information from the source of the issue.' On the other hand, however, the fact that the EU officials who extended support to Pamuk issued such a press statement after the hearing is not appropriate in terms of the EU, anyway."

"This is the first time that we are facing such a problem in relation to Article 301," said Erdogan, adding: "We are concerned about one issue: What is the reason for the pressure that is being imposed both at home and abroad? The people are trying to impose pressure on the judicial system. This is very ugly."

Noting that the issue has already been referred to the judicial organs, Erdogan said the following: "The EU is calling for the amendment of Article 301. This is not the responsibility of the executive power. Rather, it is the responsibility of the power of legislation. And it is the Constitution that determines this. The people cannot say whatever they want."

During the program Erdogan also responded to the statement issued by TUSIAD [Turkish Industrialists' and Businessmen's Association] with regard to this issue.

Recalling that there is separation of powers in Turkey, Prime Minister Erdogan said: "This law has been in effect since 1 June. By intervening in the Constitution, TUSIAD has committed a constitutional crime."

"The law should be above power," said Erdogan, noting: "Otherwise, it is impossible to talk about democracy."

The debates on alcohol prohibition

Stating that the press reports regarding alcohol prohibition do not reflect reality, Prime Minister Erdogan underlined that these reports harm Turkey. Erdogan said the following: "They have launched a campaign against us. We did not do anything unlawful. Such a ban has not been imposed. We have merely transferred the existing law from the heads of units within the civil service to the municipalities.

"Let someone come to the fore and say: 'A place's license to sell alcoholic beverages was cancelled.' Or let someone say: 'Someone wanted to open a place that will sell alcoholic beverages and he was not given a license.' No one can say this because this has never happened and it will never happen."

The debates on identity

Later Prime Minister Erdogan also referred to the debates on supra-identity and subidentity. Stating that this is the last time that he is referring to these discussions, Erdogan responded to the criticism against him with a poem by Arif Nihat Asya.

The prime minister got emotional when reading the poem, adding: "Let no one give us a lesson on the nation and the flag. No one can play with my Turkish identity."

Responding to the criticism, Erdogan recalled he had quoted Ataturk during the budget talks at the TBMM [Turkish Grand National Assembly] plenum, noting: "I said that religion is like cement and that it is one of the unifying factors. At this point I tried to show that Ataturk had also referred to these factors. Unfortunately there are persons who do not want to understand this."

Drawing attention to the fact that the term "subidentity" does not mean to disregard the citizens who belong to certain ethnic groups, Erdogan continued as follows: "The sects are viewed as subidentities. The Turkish Republic citizenship is above all this. The supra-identity is the citizenship of the Turkish Republic. I have always stressed this."

Noting that there are three red lines in the AKP's party policy, Erdogan explained that these red lines are ethnic nationalism, regional nationalism, and religious discrimination."

Underlining that as a party they absolutely oppose these three points, Prime Minister Erdogan added: "We will never engage in any discrimination where these issues are concerned. We should all unite around the Turkish Republic citizenship."

The general elections

Also referring to the discussions on the election threshold, the prime minister drew attention to the importance of stability.

Once again emphasizing that elections will not be held in 2006, Erdogan said the following: "We want this parliament to elect the president. This nation has elected us for five years. We want to complete this term."

Pointing out that the 10% election threshold had been adopted in 1987, Erdogan said: "A serious argument has not been put forth regarding this issue. I respect President Sezer's approach, but I currently put more emphasis on the stability of my country. Despite the fact that they do not serve the interests of my party, I have some proposals regarding this issue. My proposal is 450+100. It is possible to adopt a very low threshold. We should discuss this issue with the CHP and we should reach an agreement in this regard."

The YOK-Government tension

Prime Minister Erdogan also referred to the tension between YOK and the government. "As of now we do not want to have tense relations with YOK," said Erdogan, adding: "We are ready to resolve YOK's problems."

Recalling that the National Education Ministry is the real interlocutor of the issue, Erdogan said: "YOK Chairman Erdogan Tezic may meet with my minister and they may take steps for a solution. If a positive approach is adopted, tension will disappear. Our doors are always open to the solution of this problem."

"If there is need for making arrangements in YOK for the sake of a solution, we are ready to make these arrangements," noted the prime minister, adding: "The minimum common denominators will be determined. Steps will be taken regarding the agreed issues. If there is need to sit at the table, our team is ready."

[10] Writers sentenced under article 301 of New Penal Code

Stating that cases in this matter were being seen at the European Court of Human Rights, Kirac asked for an acquittal. The court sentenced Zulkuf Kisanak to five months on the grounds that he had clearly discredited the Republic of Turkey. This sentence was later converted to a fine of YTL 3,000.

The same court later ruled in the trial of journalist Aziz Ozer, who owns the periodical "Call for a New World" because of two separate articles he wrote. The judge sentenced Ozer to five months. This was then converted to a fine of YTL 6,000.

Lawyer Ozcan Kirac said that in these days when critical trials such as Orhan Pamuk's trial were being postponed sentence should not have been passed in these cases.

/SK

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