Lobby for Cyprus is a non-party-political human rights organisation campaigning for a reunited Cyprus.
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Letters

To: Telegraph, Times, Guardian
07 September 2006
Orams-Cherie Blair case – Your article of today "Couple win right to keep Cyprus holiday home"
Dear Sirs

RE: ORAMS-CHERIE BLAIR CASE –  Your article of today "Couple win right to keep Cyprus holiday home"

The recent High Court judgment in the Orams v Apostolides case may have given a brief reprieve to Mr and Mrs Orams in relation to enforcement of the Cyprus judgment which requires demolition of their villa and compensation to be paid to Mr Apostolides, but existing and future investors in the occupied area of northern Cyprus should not be jubilant or complacent. On the contrary, the English Court judgment established in very clear terms the following:

1. That the land in the occupied area which the so called "TRNC" claims is its territory is in fact "within the Republic of Cyprus";

2. The courts of the Republic of Cyprus have jurisdiction over all land within its territory, including the land within the occupied area;

3. Greek Cypriot owners of property in the occupied area such as Mr Apostolides are still the legitimate owners of that land and therefore persons who purport to buy or occupy land belonging to Greek Cypriots are trespassers and will be treated as such and are liable to be sued;

4. Any purported laws of the so called "TRNC" cannot deprive the legitimate Greek Cypriot owners of their title to the land; and

5. There was no breach of the human rights of the Orams – on the contrary, it was the human rights of Mr Apostolides that would be affected. 

The only outstanding legal issue is the interpretation of Protocol 10 of the Act of Accession of the Republic of Cyprus to the EU whereby the "acquis communautaire" is suspended in the occupied area. It is the firm belief of leading academics that this interpretation of Protocol 10 is incorrect as the purpose of the suspension was to exempt the Republic from implementing community law where it did not have the means to do so. 

The decision will almost certainly be appealed by Mr Apostolides to the Court of Appeal and if necessary to the European Court of Justice.

Therefore, any potential investors in the occupied area or people who have bought cheap holiday homes should bear in mind that the ruling of the English Court is by no means the end of the road. As far as Mr Apostolides is concerned, he will continue to fight in order to obtain justice and reclaim the land that is his birthright.

Yours faithfully
Lobby for Cyprus