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An article titled "Northern Cyprus: How the other half lives" by Graham Norwood appeared in The Independent on Wednesday, 2 July 2008.
It promotes the illegal sale and development of properly in occupied Cyprus and travel to occupied Cyprus via the illegal points of entry in the north. It also falsely claims homes built since the 1974 Turkish invasion on undisputed land have "clear title". It also brings into dispute the property rights of Greek Cypriots who were ethnically cleansed from the occupied areas and denies the cultural genocide committed by the Turks and attempts to give the false impression that occupied Cyprus in unspoilt.
Please write to the following addresses
to complain about "The Independent" newspaper promoting the illegal sale of property in occupied Cyprus in violation of Cyprus's Criminal Code, Cap.154, (b).
newseditor@independent.co.uk, foreigneditor@independent.co.uk, features@independent.co.uk, travel@independent.co.uk, businessdesk@independent.co.uk, letters@independent.co.uk
Since "The Independent" has failed to reply to any of our complaints in the past two weeks, it is time to move on to Phase 2 of this Action Campaign.
Send your complaint to the the Press Compalints
Comission (see below for addresses), providing your name, address, e-mail, telephone number, and
citing "The Independent" and the title of the article "Northern Cyprus: How
the other half lives", the date it was published "2 July 2008", and
provide the PCC with this link to the offending article:
http://www.independent.co.uk/life-style/house-and-home/property/northern-cyprus-how-the-other-half-lives-859843.html
State that you are complaining that the article violates Articles, 1
i), ii), iii) and Article 2 of the PCC code of practice
http://www.pcc.org.uk/complaints/form.html?
complaints@pcc.org.uk
Additional Resources
Caution regarding property purchases in the occupied area
Memorandum: Ownership Status Of Hotels And Other Accomodation Facilities In The Occupied Part Of The Republic Of Cyprus
Property in occupied north Cyprus – the facts
Human Rights Violations in Cyprus by Turkey
Legal Issues arising from Certain Population Transfers and Displacements on the Territory of the Republic of Cyprus in the Period since 20 July 1974
THE LAW
The transfer of ALL property in occupied Cyprus, irrespective of ownership, (Greek or Turkish Cypriot or other) except to close family members through the official Cyprus land registry, has been declared to be illegal by the Cyprus government ever since the Turkish invasion of 1974.
There is no such thing as "clear title" on newly developed properties in occupied Cyprus. All property development in occupied Cyprus is completely illegal. Property development is not conducted with the authority of the Cyprus government or the district councils and it is not registered or recognised by the Cyprus land registry and no appropriate taxes are paid to the legitimate Cyprus authorities.
The sale, advertising for sale or promotion for sale of any property in occupied Cyprus is completely illegal.
Under Cyprus Law, property owners may bring legal actions before the
competent Courts of the Republic against trespassers to their properties in
the Turkish-occupied area, claiming damages and other legal remedies
available to them under civil law. Judgments issued in favour of lawful
property owners shall be recognized and enforced against property/assets of
the defendants/judgment debtors in any EU member State, under the provisions
of EC Regulation No.44/2001.
It is also important to note that, under Cyprus's Criminal Code, Cap.154,
any person who, with intent to defraud, deals in immovable property
belonging to another is guilty of a felony ("fraudulent dealings in
immovable property belonging to another") and is liable to imprisonment for
up to seven years. Under the Law a person is deemed to be dealing in
immovable property where he/she (a) sells to another, or rents to another,
or mortgages to another or encumbers in any way, or makes available for use
by another immovable property, or (b) advertises or otherwise promotes the
sale or renting out or mortgaging or charging in any way to another of
immovable property or the use thereof by another, or (c) concludes an
agreement for the sale to another, or the renting out to another, or the
mortgaging to another, or the charging in any way to the benefit of another,
or the use by another of immovable property, or (d) accepts the immovable
property which is the object of the dealing. Depending on the situation, it
is also possible that European Arrest Warrants be issued against persons who
may be prosecuted for the aforesaid criminal offence in the Republic.
Under Article 281 of the Penal Code – use of land registered in the name of another without the consent of the registered owner is illegal and punishable by up to 2 years imprisonment and a £5,000 fine. European Arrest Warrants may also be issued.
Under Article 14 of the Law on the Registration of Estate Agents – no person can exercise the profession of a real estate agent or project himself as such, unless he is duly registered and in possession of an annual license issued by the Registration Council of Real Estate Agents.
All ports and airports in occupied Cyprus have been decaled illegal points of entry. Entry into occupied Cyprus via any port or airport in the occupied areas is a criminal offecence. The use of any port of airport in the occupied areas also constitutes an offence of trespass. The right of residency in occupied Cyprus does not exist for anyone except citizens of the Republic of Cyprus.
The laws of the Republic of Cyprus are recognised and enforcable by the courts of all EU member states.
THE OTHER FACTS
Over 200,000 Greek Cypriots where ethnically cleansed by the Turks and formed over 82% of the population in occupied Cyprus and owned 90% of the land and property situated there. Their land and property rights are undisputed and have been confirmed by the decisions of the European Court of Humans Rights (ECHR) including Loizidou vs. Turkey (18 December 1996), Cyprus vs. Turkey (10 May 2001) and Xenides Arestis vs. Turkey (December 2005).
The Turkish occupation regime was declared "legally invalid" in UN Security Council resolutions 541(1983) and 550(1984) which also call "upon all states not to recognise any Cypriot state other than the Republic of Cyprus" and "call upon all states to respect the sovereignty, independence, territorial integrity and non-alignment of the Republic of Cyprus". Resolution 550 calls upon all states "not to facilitate or in any way assist this the aforesaid secessionist entity".
The Republic of Cyprus is the only internationally recognised government of Cyprus and it's authority is recognised to extend over the whole island including the occupied areas.
Over 500 Greek Orthodox Churches and graveyards in the occupied areas have been systematically looted, desecrated, destroyed, left to crumble or turned into hotels, casinos, brothels, latrines, and even animal enclosures. Almost every Christian grave stone in the north has been smashed to pieces, hundreds of thousands of priceless Byzantine Icons,
Mosaics and Frescos have been ripped from the inside of Churches or stolen and sold on the black-market on a systematic basis, so much so that the Church of Cyprus is now taking Turkey to the European Court of Human Rights for the destruction of Cyprus religious and cultural heritage.
If "The Independent" does not print a 1000 word retraction within two weeks phase two of this campaign will launch, so keep a copy of your letters safe in order to send them to the Press Complaints Commission.
PCC Code of Practice
Accuracy
i) The Press must take care not to publish inaccurate, misleading or distorted information, including pictures.
ii) A significant inaccuracy, misleading statement or distortion once recognised must be corrected, promptly and with due prominence, and - where appropriate - an apology published.
iii) The Press, whilst free to be partisan, must distinguish clearly between comment, conjecture and fact.
iv) A publication must report fairly and accurately the outcome of an action for defamation to which it has been a party, unless an agreed settlement states otherwise, or an agreed statement is published.
2
Opportunity to reply
A fair opportunity for reply to inaccuracies must be given when reasonably called for.
SAMPLE LETTER
The Editor
The Independent
Dear Sir,
I am writing in reference to the article entitled "Northern Cyprus: How the
other half lives" by Graham Norwood which appeared in The Independent on
Wednesday, 2 July 2008.
http://www.independent.co.uk/life-style/house-and-home/property/northern-cyprus-how-the-other-half-lives-859843.html
The aforementioned article contains many serious inaccuracies and
distortions and is deliberately misleading and encourages the readers of The
Independent to break the laws of a friendly country which is member of the
European Union. The above article is also itself in breach of Cyprus's
Criminal Code, Cap.154 which can result in either civil or criminal
prosecution being taken against The Independent and/or its journalists and
readers. Since the penalty for the criminal offence is up to 7 years
imprisonment, the defendants are also liable to compulsory extradition to
the Republic of Cyprus to face charges.
I shall start off by listing the inaccuracies in Mr Norwood's article and
then continue by stating the law on a paragraph by paragraph basis.
In the second paragraph of his article, Mr Norwood misleadingly states that
that people can easily move between the free areas of the Republic of Cyprus
in the south and the occupied areas of the Republic of Cyprus in the north.
This is not true for Greek Cypriots who are forced to show their passports
at crossing points in their own country manned by armed Turkish soldiers.
The same measures also apply to foreigners. This can in no way be construed
as free movement or as movement with ease. Greek Cypriots are systematically
prevented from returning to their homes and properties in the occupied north
in violation of repeated UN Security Council resolutions, the UN Principles
of Housing and Property Restitution for Refugees and Displaced Persons and
the judgements of the European Court of Humans Rights (ECHR) including
Loizidou vs. Turkey (18 December 1996), Cyprus vs. Turkey (10 May 2001) and
Xenides Arestis vs. Turkey (December 2005) which Turkey is in continuous
violation of.
In the same paragraph Mr Norwood misinforms readers by claiming "there are
relatively few signs of conflict" when if he had actually done some research
he would know that over 500 Greek Orthodox Churches and graveyards in the
occupied areas have been systematically looted, desecrated, destroyed, left
to crumble or turned into hotels, casinos, brothels, latrines, and even
animal enclosures. Almost every Christian grave stone in the north has been
smashed to pieces, hundreds of thousands of priceless Byzantine Icons,
Mosaics and Frescos have been ripped from the inside of Churches or stolen
and sold on the black-market on a systematic basis, so much so that the
Church of Cyprus is now taking Turkey to the European Court of Human Rights
for the destruction of Cyprus religious and cultural heritage. This war
crime of cultural genocide is on top of the glaringly obvious obliteration
of everything Greek in the occupied areas including Greek place names and
street signs and the unprovoked barbaric ethnic cleansing of over 200,000
Greek Cypriots who formed over 80% of the population and who own 90% of the
land and property in the north. How can Graham Norwood claim that there are
relatively few signs of conflict when Hellenism and Christianity has almost
been totally erased from 37% of an island which has been Greek for over
3,000 years of recorded history?
Mr Norwood goes on to describe various British so-called "investors" who
have bought or sold property in the occupied north, which is still a part of
the Republic of Cyprus and subject to Cyprus laws, including Jeremy Muntus,
Martin Jones, Joe Calzaghe and James Gonzales who works for an estate agency
called Obelisk which Mr Norwood states is selling property in occupied
Cyprus.
The sale or purchase of all or any property in occupied Cyprus is totally
illegal, period. It makes no difference whether the property is owned by
Greek or Turkish Cypriots or anyone else, contrary to the impression Mr
Norwood gives by his claim in paragraph twelve that "many new-build homes
now have "clear title" - that is, they have been built after the 1974
invasion and are on undisputed land." Mr Norwood's claim is totally
inaccurate and misleading.
Homes which have been built since the 1974 invasion in occupied Cyprus even
if thay are located on Turkish Cypriot land have all been built illegally,
without either planning permission, or registration with the competent
authorities of the Republic of Cyprus whose sovereignty extends throughout
the entire island including the occupied areas. All of the administrative
districts in occupied Cyprus, that is, Kyrenia, Famagusta, Lefkosia and
Larnaka continue to be run by elected councils which have been relocated to
the free areas of the Republic of Cyprus since the Turkish invasion and
occupation, and which are elected by the 200,000 Greek Cypriot's who were
ethnically cleansed by Turkey and who formed the majority of the population
in these districts before the Turkish invasion. None of these elected
councils nor the Cyprus government have given their permission for the
construction of homes in occupied Cyprus, let alone on undisputed land, nor
do they recognise any such thing as "clear title" on these illegal
properties. Those who construct or purchase these properties are doing so
illegally. The Republic of Cyprus and its Land Registry does not and has
never recognised title deeds from the Turkish occupation regime, since it is
"legally invalid" and has been declared thus in UN Security Council
resolutions 541(1983) and 550(1984), therefore Graham Norwood is misleading
readers by what he says.
While Mr Norwood states that "Much of the land is actually legally owned by
Cypriots now living in southern Cyprus, so people in the UK looking to buy a
property in northern Cyprus could be buying land or property built on land
they don't own," he fails to state that it is totally illegal for people in
the UK to be looking to buy or sell a property in occupied Cyprus period.
Ever since Turkey illegally invaded Cyprus in 1974 all property transfers in
the occupied areas have been outlawed except were property is passed on to
immediate family members. This is the law, which can easily be verified from
the website of the Republic of Cyprus or from the Cyprus High Commission in
London, so why has this article, which not only encourages but gives advice
on how to engage in the perpetration of a criminal act been allowed to be
published in The Independent? I doubt that either, Jeremy Muntus, Martin
Jones, Joe Calzaghe or James Gonzales had family members who owned property
in the occupied areas of the Republic of Cyprus before 1974 and the Obelisk
estate agency certainly did not. Did Mr Norwood make any serious attempt to
consult the Cyprus government when writing this article and why didn't the
editors of The Independent consult the Cyprus government and Greek Cypriot
refugee and representative organisations such as Lobby for Cyprus or the
Hellenic Electronic Center (UK branch), to check the facts?
Under Cyprus Law, property owners may bring legal actions before the
competent Courts of the Republic against trespassers to their properties in
the Turkish-occupied area, claiming damages and other legal remedies
available to them under civil law. Judgments issued in favour of lawful
property owners shall be recognized and enforced against property/assets of
the defendants/judgment debtors in any EU member State, under the provisions
of EC Regulation No.44/2001.
Mr Norwood fails to mention that since the ports, airports in the occupied
areas are built on Greek Cypriot land, as are the majority of the Hotels;
anyone using them is guilty of trespass and can be prosecuted by the land
owners under civil law. The use of the ports and airports in the occupied
areas, which Mr Norwood refers to in paragraph 9, in order to enter or leave
the country is also a criminal act subject to fines and imprisonment since
all ports and airports in the occupied areas have been declared closed by
the Cyprus Government since 1974.
It is also important to note that, under Cyprus's Criminal Code, Cap.154,
any person who, with intent to defraud, deals in immovable property
belonging to another is guilty of a felony ("fraudulent dealings in
immovable property belonging to another") and is liable to imprisonment for
up to seven years. Under the Law a person is deemed to be dealing in
immovable property where he/she (a) sells to another, or rents to another,
or mortgages to another or encumbers in any way, or makes available for use
by another immovable property, or (b) advertises or otherwise promotes the
sale or renting out or mortgaging or charging in any way to another of
immovable property or the use thereof by another, or (c) concludes an
agreement for the sale to another, or the renting out to another, or the
mortgaging to another, or the charging in any way to the benefit of another,
or the use by another of immovable property, or (d) accepts the immovable
property which is the object of the dealing. Depending on the situation, it
is also possible that European Arrest Warrants be issued against persons who
may be prosecuted for the aforesaid criminal offence in the Republic.
Through the publication of Graham Norwood's article both The Independent and
Mr Norwood are in breach of article (b) of Cyprus's Criminal Code, Cap.154
by, promoting the sale or renting out or mortgaging or charging in any way
to another of immovable property or the use thereof by another. This attempt
to facilitate a criminal act is made even more abundantly clear in the last
paragraph of his article where Mr Norwood even advises readers of the land
registry fee they must pay the illegal and unrecognised land registry of the
Turkish occupation regime, and the rate of VAT on property purchases in the
occupied areas payable to the Turkish occupiers, which are sustaining 34
years of illegal occupation and ethnic cleansing. What sort of morality is
that?
Mr Norwood also states in paragraph twelve that, "the Turkish authorities
have set up a process offering limited compensation to former Greek
residents in a bid to end the uncertainty over land ownership". This
so-called "compensation commission" operates illegally and neither it nor it's
decisions are recognised by the Republic of Cyprus nor by the European Court
of Human Rights which has stated that anyone who attempts to use this
commission, which the court does not and has never recognised as an
"effective remedy" in any of its judgements, will have to fend for
themselves.
Contrary to Mr Norwood's references to disputed land, Greek Cypriot land on
the island of Cyprus is not disputed at all. The decisions of the ECHR
listed above state clearly that the ownership of all land recorded in the
Republic of Cyprus Land Registry by Greek Cypriots land owners, even if it
is located in the occupied areas, still legally belongs to them. That is the
law which is recognised by Europe, Britain and all of the world except
Turkey.
Mr Norwood's also fails to state that the "Northern Cyprus" as he calls the
occupied areas of the Republic of Cyprus is not recognised by either, the
UK, EU or any other country in the world except Turkey, but attempts thought
his article to give it an air of legitimacy
Graham Norwood is encouraging people to make a profit out of other peoples
suffering and out of the war crime of ethnic cleansing perpetrated by Turkey
in the north of the Republic of Cyprus, and both he and the editorial board
of The Independent should feel ashamed.
I demand that the Independent publishes a public retraction of the above
article together with an apology and a correction of all of the inaccuracies
and distortions listed above, and that it educates its writers so that they
do not make this mistake ever again. The body of the offending article
contains about 1000 words. I expect The Independent to set the record
straight with an article of similar length in the "Property" section warning
people not to buy property in occupied Cyprus under any circumstances. If
this is not forthcoming I will be writing to the Press Complaints Commission
since the article is in direct violation of Article 1 i), ii), and iii), and
Article 2 of the "Code of Practice".
Yours faithfully,
FOR PUBLICATION
You may publish any part of this letter you wish to set the record straight.
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ORIGINAL ARTICLE
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Northern Cyprus: How the other half lives
Prices are low and land rights are being addressed but is it safe to buy in Northern Cyprus? Asks Graham Norwood
Wednesday, 2 July 2008
Cyprus has long been a favourite for British holiday home owners and now, after decades of uncertainty, the north of the island is becoming as popular as the south.
It is 34 years since the Turkish invasion of the northern third of the island. But today, people can easily move between the Turkish north and the Greek south, and there are relatively few signs of conflict – indeed, the line dividing the communities is itself a tourist attraction. Although the north remains less affluent than the south, all areas have seen major infrastructural improvements as their economies have grown in recent years.
Northern Cyprus covers 3,300 sq km and is widely regarded as less developed and more naturally beautiful than the south of the island, with a profusion of beaches and mountain tracks. It has a rich history, is well known for its flora and fauna and notably boasts 38 species of orchid.
Investors in the north have seen price increases of around 25 per cent over the past two years, yet purchase prices are still at least 30 per cent cheaper than comparable properties in the south. "There are a few properties available for only £50,000, but in many areas you can find a villa with its own private grounds, private swimming pool and three bedrooms for £150,000 or less. It's fantastic value and build quality is high," says Jeremy Muntus of Merryweathers International, a Yorkshire-based estate agency.
He has put his money where his mouth is, buying two properties in the north as investments. "I've fitted out my latest property with furniture from Ikea in the south – there's no problem with moving between the two areas and much of the island operates as one entity," he says.
In addition to this, his firm is selling two- and three-bedroom apartments in the new Emerald Bay scheme near Kyrenia. Each of them has marble flooring, some have private roof terraces, while all will have access to 10 acres of landscaped grounds, communal swimming pools, restaurant and a private beach cove. Prices start from £64,950 and the scheme is due to be completed later this year.
"As the north's popularity increases, so does investment potential. Tourism numbers are set to escalate following the reopening of the border at Nicosia," says James Gonzalez of Obelisk, another British estate agency selling homes in the north.
However, there are challenges.
The roads and public utilities are less sophisticated in the north than the south, creating a more rustic atmosphere. Access is also more difficult, as there are no direct flights from the UK to northern Cyprus. Visitors either go via the Turkish mainland, from which there are numerous connecting flights, or have to fly by budget airline into Paphos or Larnaca in the south and take a one-hour drive north.
There is also a much-publicised question mark over the legal ownership of some homes.
"Much of the land is actually legally owned by Cypriots now living in southern Cyprus, so people in the UK looking to buy a property in northern Cyprus could be buying land or property built on land they don't own," says Peter Ellis of Foreign Currency Direct, a firm that monitors international home sales.
But the Turkish authorities have attempted to set up a reconciliation process offering limited compensation to former Greek residents in a bid to end the uncertainty over land ownership. In addition, many new-build homes now have "clear title" – that is, they have been built after the 1974 invasion and are on undisputed land.
Certainly, there are more Britons finding their way around the problem, often by avoiding the older homes on disputed land and always by seeking good quality independent legal advice from a practice with experience of the Cypriot property market.
Martin Jones, 40, who lives near Rotherham, was blinded in an industrial accident in 1996 and used his compensation pay-out to invest in property abroad, including north Cyprus.
"At the time, I didn't think that my pay-out would last long enough to support me, so I put my money into property instead," he says. He ranks north Cyprus alongside Spain and Dubai as good investments.
Jones is in good company, as boxing champion Joe Calzaghe has just bought a property near Famagusta. Like many buyers, he cites the obvious attractions of 300 days of sunshine a year and the slower, gentler pace of life, as well as the promise of economic growth.
Gross domestic product in northern Cyprus grew 10.6 per cent in 2006, the latest figure available; golf courses and casinos are starting to appear. If the Turkish mainland eventually succeeds in joining the EU, then further substantial economic growth is expected to happen.
The challenge for northern Cyprus will be to grow without losing its extraordinary charm. With so much of Europe and the Mediterranean islands heavily developed and saturated with visitors, this part of Cyprus offers a real alternative – and, for now at least, at a bargain price.
Buyer's guide
Mortgages for foreigners buying in the north are extremely difficult to obtain, so most buyers make cash purchases. The processes of making an initial offer and instigating a survey are roughly similar to those in the UK, but independent legal advice and thorough searches are vital because of some disputes over land ownership.
Non-nationals require a purchase permit from the government in order to buy property in Northern Cyprus, and such permits may take four to 12 months to come through.
Taxes are usually payable at the end of the transaction after a purchase permit has been granted and title deeds transferred into your name. But some vendors require VAT to be paid on the sale price earlier in the process.
Land Registry Transfer Fee is 6 per cent of purchase price and VAT is 5 per cent. Stamp duty is payable at 0.5 per cent of the contract price if paid within a month of the contract date. If it is not paid within this time, it increases and may become 1.5 per cent of the contract price.
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