Written evidence submitted by Argyros
George Argyrou
BRITISH POLICY
ON CYPRUS,
TURKEY AND
THE ANNAN
PLAN
I wish to bring to your attention the following
matters in regards to the discussion by the Foreign Affairs Committee
taking place in September regarding Britain's policy on Cyprus,
Turkey and the Annan plan.
The solution of the problem of the illegal Turkish
invasion, ethnic cleansing and occupation of Cyprus is the full
and immediate implantation of all relevant UN resolutions and
European Court of Human Rights judgments demanding the immediate
withdrawal of all Turkish troops and repatriation of all Turkish
colonists from Cyprus soil and the unimpeded return of all the
refugees to their homes with full compensation and reparations
paid by Turkey the aggressor.
There is no need whatsoever for a 9,000 page
plan to achieve this. All that is needed is for action to be taken
against Turkey in the same manner as action was taken against
Iraq when it illegally invaded Kuwait so that the system of government
before the invasion can be reinstated and the Government of the
Republic of Cyprus can exercise its sovereignty throughout all
of its territory as is recognised in Cyprus treaty of accession
to the European Union.
The Annan plan in no way provided for a solution
to the problem of the illegal Turkish invasion, ethnic cleansing
and occupation of Cyprus nor even a basis for a solution since
it flagrantly violated the European Convention of Human Rights
and the EU Aquis and paid no heed whatsoever to UN resolutions
demanding the immediate and unconditional withdrawal of all Turkish
forces and the immediate and unconditional return of all of the
refugees to their homes in safety and the repatriation of all
the illegal colonists which have been brought into Cyprus from
Turkey in violation of the Geneva Convention.
UN Security Council resolution 353 (1974) demands
the complete and immediate withdrawal of all Turkish occupation
forces from Cyprus soil. The Annan plan fails to secure this and
instead allows the occupation forces to remain in Cyprus forever.
UN General Assembly resolution 3212 (XXIX) (1974) which was endorsed
unanimously by the General Assembly and by the Security Council
in resolution 365 (1974) also demands the complete and immediate
withdrawal of all Turkish occupation forces without exception
and demands that all of the refugees be allowed to return to their
homes in safety. The Annan plan instead of allowing all of the
refugees to return in safety imposes measures deliberately designed
to prevent the refugees from ever returning and expressly limits
the number of refugees who will be allowed back. UN Resolution
1987/19 (1987) of the Sub-commission on Prevention of Discrimination
and Protection of Minorities demands "the full restoration
of all human rights to the whole population of Cyprus, including
the freedom of movement, the freedom of settlement and the right
to property". The Annan plan pays no heed to this resolution
whatsoever and instead overturns it by deliberately restricting
the freedom of movement, the freedom of settlement and the right
to property and to establishment in business of the Greek Cypriots.
The same resolution also condemns the "implantation of thousands
of settlers from Turkey in the occupied territories in Cyprus".
The Annan plan instead of demanding that these illegal colonists
who have been implanted in the occupied areas of Cyprus in direct
violation of the Geneva Convention be repatriated to Turkey allows
them all to stay and give them full Cyprus citizenship.
Following are just a few examples of the many
conditions and restrictions put forward in the Annan plan which
are deliberately construed to inflict conditions of life on the
Greek Cypriots calculated to bring about their physical destruction
in whole or in part.
The Annan plan allows all of the Turkish colonists
brought into Cyprus in violation of the Geneva Convention to remain
in Cyprus and be given full Cyprus citizenship. This not only
alters the demography in the north of Cyprus in favour of Turkey
and legitimises a war crime but it also imposes a culture on Cyprus
that is completely foreign to that of either the Greek or Turkish
Cypriots. Whereas most Turkish Cypriots spoke Greek before the
Turkish invasion none of the Turkish colonists do. The Turkish
colonists owe their loyalty directly to Turkey and their continued
presence would further the division of Cyprus rather than unite
it. Since almost all of these illegal colonists have been given
paramilitary training they would constitute a serious threat to
any Greek Cypriot who should desire to go the north.
Under the terms of the Annan plan not one single
refugee would have received full reinstatement of their property
nor compensation for being prevented from returning to their properties
by the Turkish occupation forces as demanded by the European Court
of Human Rights in cases such as that of Loizidou vs Turkey
and Cyprus vs Turkey whose verdicts against Turkey the
Annan Plan will strike out permanently.
In fact the ultimate aim of the Annan plan was
to turn the north into an ethnically pure Turkish apartheid state
at the expense of the Greek Cypriots who are the legitimate inhabitants
and who legally own 90% of the land and property.
Annan intended to achieve the creation of an
apartheid state by giving the Turks the right to stop all Greek
Cypriots from returning to the north from day one of the adoption
of his plan even if Turkey joins the EU by the addition to his
fifth plan of Article 3 Para 6.
The Greek Cypriot refugees residential proprieties
would have all been effectively confiscated under the Annan plan
since Annan states that the refugees would only be entitled to
reinstatement of one third of the value of their property and
the value of one third of the total area except in the case of
a dwelling that they have lived in for 10 years or built with
their own hands and even then any land they own greater than one
donum will still be confiscated even for those whose property
is in villages in Karpasia like Yialousa. In effect none of the
descendents or heirs of the refugees, who would have to wait up
to 19 more years for re-instalment, a total of 49 years from the
invasion and 59 years in total from the time that a property would
have been required to be occupied would have been able to obtain
back any property at all and the most they could hope for in compensation
would be one third of its value (which in any case would not have
been paid until after 25 years). Hardly any of the refugees would
have been able to get back their property under these conditions.
Annan is waiting until almost everyone is dead but not being satisfied
with this Annan imposes even harsher conditions on the refugee
to reduce the amount of property that is retuned to almost zero.
The Annan plan states that all the Greek Cypriot
refugees business properties and properties and land owned by
institutions and corporations would also all have been confiscated
without exception even properties owned by the Church which are
not used for worship and farm land.
On top of being completely unjust this would
have made it totally impossible for anyone to make a livelihood
out of their own land and their businesses and other assets. (see:
Article 10, Para 3c).
If any Turkish Cypriot of Turkish colonist had
built onto the land or property of a refugee owner he would be
allowed to disposes the legal refugee owner and seek title to
the entire property even if the refugee owner wished it to be
returned. Unlike the British legal system which favours the legitimate
property owner the Annan plan favoured the thief, the illegally
Turkish occupiers and expressly stated this. On top of this even
if a refugee were to get part of their property back the restrictions
on settlement, establishment and ownership that are included in
the Annan plan stop them from ever being allowed to live in it,
use it or sell it in a free market.
Not one Greek Cypriot would have even been allowed
back to their homes in the areas supposedly to be returned because
Annan has allowed the illegal occupiers to choose to be re-housed
or to stay there forever. No mechanism was created to ensure that
a refugee owner could repossess their property since Annan has
clearly stated that all the provisions in his plan are in favour
on the illegal occupiers and not the legal property owners.
Not one penny in compensation would ever be
paid out to anyone seeking compensation. Instead worthless compensation
bonds and property appreciation certificates would have been issued
which would never be redeemable since the refugees would unethically
have been made to pay the compensation to themselves with their
own money and taxes instead of Turkey which the ECHR has deemed
legally culpable.
The Annan plan striped the refugees of two thirds
of their property against their will with no right to judicial
recourse and no compensation and the other one third of their
property would have been effectively stripped form them also.
Attachment II Article 18 paragraph 5 states
that not one penny arising from the worthless compensation bonds
and property appreciation certificates will be paid out to the
refugees until after 25 years.
Article 18 paragraph 4 states that this compensation
must be paid by the refugees themselves from their own taxes and
not by Turkey.
Article 18 paragraph 2 states that no interest
will start accruing on claims until after six years.
Article 18 paragraph 1 states that instead of
the value of the refugees property being assessed on the basis
of the value of comparable properties in the free areas the value
of the property will be based on the current value in the occupied
areas as it is today which of course is more than 10 or 100 times
lower.
The refugees would not only be stripped of their
property, they would also have been stripped of its value and
they will not receive compensation until after 25 years and then
only if they paid the compensation to themselves with their own
money. While at the same time the Turks would get to keep the
property they illegally occupy and would have make a fortune when
the value of the property rises.
All cases being brought to the ECHR regarding
compensation for loss of use of property would have been thrown
out and all new applications wiould have been barred. Instead
the refugees would once again be made to pay compensation to themselves.
Under the Annan plan the occupation regime would
have been allowed to keep 29% of Cyprus territory 90% of which
legally belongs to the Greek Cypriot refugees whereas only 6%
of Cyprus territory will be returned to the Greek Cypriots under
conditions where they will be unable to evict the Turkish Cypriot
and Turkish colonists who are occupying their properties.
In all reality the Annan plan ensures that no
land or property will be returned to the Greek Cypriot refugees
at all and that it will be impossible for any of the refugees
to every return to their homes or obtain compensation.
In return for absolutely nothing the Greek Cypriot
will be expected to pay for the rebuilding of the occupied areas,
which they will not even be allowed to invest in and they will
have to sacrifice their right to majority rule and even their
right to vote.
The Turkish Cypriots will be given one half
of the seats in the Senate even though they only make up 10% of
the population and Greek Cypriots living in the occupied areas
will not be allowed to vote for their own representatives in that
area but instead the people will vote as Greek and Turkish Cypriots
(see Annex I Article 22 Para 3). In the Chamber of Deputies the
10% Turkish Cypriot minority will be treated as if it was 25%.
The Turkish Cypriots will be given the right to effectively veto
all legislation if 25% of them do not agree. Worse than that matters
involving taxation, the federal budget, citizenship, treaties,
election of the presidential council and many other matters will
require two fifths or 40% of the Turkish Cypriots to agree. This
will make Cyprus completely ungovernable.
Instead of a single elected president who has
the ultimate say in decision making there will be an appointed
presidential council where the Turkish Cypriots will be given
one third of the voting and non-voting seats and will also be
given the right to veto all decisions. The Presidency and Vice-Presidency
of the council will rotate from Greek Cypriot to Turkish Cypriot
every 20 months. The 10% Turkish Cypriot minority are thus treated
as if the make up half the population of Cyprus and no democratic
accountability will exist whatsoever.
On top of this the Central Bank will treat the
10% Turkish Cypriot minority as if they made up two fifths and
three sevenths of the population.
The Supreme Court will treat the 10% Turkish
Cypriot minority as if they made 50% of the population with an
unspecified equal number of Greek and Turkish Cypriot judges leading
to further deadlock.
The 10% Turkish Cypriot minority will be given
four major departments to control including Defence and Foreign
Affairs while the 90% Greek Cypriot majority will only be allowed
four.
The Attorney General will be a Turkish Cypriot.
The transitional Supreme Court will be appointed by Kofi Annan
himself and will include three foreigners and will be headed by
a foreigner in order to ensure that there will be no justice for
the refugees at all.
The mechanism for resolving deadlock in any
of the federal institutions is tantamount to anarchy (see Annex
I Article 36 Para 6) with each side (any member of the Presidential
Council, the President or Vice-President of either Chamber of
Parliament, or the Attorney-General or the Deputy Attorney-General)
being allowed to make an ad hoc interim decision, which will inevitably
be contrary to that of the other party. None of the federal institutions
will have any idea of who to follow and the system of government
will totally collapse, and this is exactly what Kofi Annan wants
to happen so that Cyprus will be permanently partitioned and the
Greek Cypriots can be annihilated from their ancestral land in
the north.
In the transitional period the Turkish Cypriots
would have been allowed to control the territory that will be
allegedly by returned instead of the UN which would mean that
the Greek Cypriot refugees who seek to return will have no political
representation to determine their own affairs at all and will
be subjected to the Turkish military and civilian occupation.
As regards to security there is nothing in the Annan plan to convince
anyone that the Turkish pogroms and harsh oppression against the
Greek of Constantinople would not have been repeated in Cyprus.
Greek EU citizens who have the legal right to
reside and work anywhere in the EU will be prevented from residing
in Cyprus if their number exceeds 5% of the Greek Cypriot population
for 19 years. After 19 years Turks from Turkey will be allowed
to flood the entire island since the Cyprus people will have no
control over citizenship because this will be given over to foreigners
as all.
Because of the Annan plan the Greek Cypriots
will never be permitted to return and form the majority in any
of the villages they were ethnically cleansed from in 1974. Annan's
restrictions mean that even if a Greek Cypriot village is empty
today no Greek Cypriot will ever be allowed back unless 16 times
as many Turkish Cypriots are allowed to colonise it at the same
time (see Article 3 Para 7 of the foundation agreement). These
restrictions because they are on a village-by-village basis will
make it impossible for the Greek Cypriots to form any kind of
viable community in the north.
The limits imposed by the Annan plan on the
number of Greek Cypriots who can go back to the occupied areas
and that can reside in each village in these areas as stated in
Article 3 Paragraph 7, effectively means that any Greek Cypriot
who wishes to return to their home or reside in northern Cyprus
is effectively forbidden from having children !
According to the Annan plan the restrictions
in Article 3 Paragraph 7 are on a village by village basis and
because the Annan plan also deliberately denies all Greek Cypriots
and their children the right to hold Turkish Cypriot constituent
sate citizenship because their mother language is not Turkish,
if a child is born to any Greek Cypriot couple or several children
are born to couples and the birth of these Greek Cypriot children
causes the population of Greek Cypriots to exceed 6% of the population
of the village they reside in, the Greek Cypriot children will
be thrown out of the places they live.
On top of this the limits on the number of Greek
nationals that can reside in Cyprus imposed by the Annan plan
in Article 3 Paragraph 5, also effectively means that Greek nationals
who wish to live or work in Cyprus are effectively forbidden from
having children!
In violation of EU law, from day one of the
Annan plan taking effect and even after 19 years or if Turkey
ever joins the EU the Turks will be allowed to prevent any unspecified
and unlimited number Greek Cypriots from residing anywhere in
the north under Article 3 Para 6 despite the targets set by Annan
so the claim that even a limited number Greek Cypriots will be
allowed to return is entirely false. After 19 years the restrictions
on the rights of settlement of the Greek Cypriots will not be
lifted but will be more restrictive than ever before and on top
of that mainland Turks will be allowed to flood the entire island.
No Greek Cypriots will ever be allowed to settle in the north
by the Turks, not form day one and not even after 19 years.
The constitution of the component state that
will be created in the north states that will preserve its Turkish
character and culture and Muslim religion. No mention is made
of the fact that before the Turkish invasion 90% of its legal
inhabitants and property owners were Greek Cypriots and no commitment
is made to preserve its original Greek character, culture and
religion. Turkish will be the only official language and the use
of Greek will be restricted by the law. Anyone that does not have
Turkish as their mother language will be subject to arbitrary
expulsion even after 19 years according to the Annan plan and
will not even have the right to vote. There will be nothing to
stop the state of affairs in southeast Turkey where the use and
teaching of the Kurdish language is forbidden, being implemented
in the north of Cyprus in the case of Greek under the provisions
of the Annan plan which will also allow the Turkish flag to be
draped over every building as is the situation today in the fascist
police state set up by the Turks in occupied Cyprus. The free
formation and organisation of Greek Cypriot political parties
in the north will be virtually outlawed in the same way as free
Kurdish parties are outlawed in Turkey. (Articles 1, 3 para 2
& para. 3, 73 para 2, 74 para 2, 76 para 1 of the so-called
"Turkish Cypriot constituent state" constitution)
The Turks and I say Turks since almost the entire
population of the north will be made up of Turkish colonists will
use Article 3 Para 6 to justify their restrictions. Even if the
Turks should choose to recognise the targets of the Anann plan
and there is no guarantee to ensure that, Annan has made it clear
that even after 19 years the restrictions on the freedom of settlement
will remain and the Greek Cypriots will be limited to 18% of the
population in each village in the north so eventually an ethnically
pure Turkish state will be created as a fait acomplis in the same
manner as the Genocide of the Greeks of Constantinople all over
again.
Since the Annan plan demands that all rights
of appeal to the European Court of Human Rights as strictly forbidden
and requests the ECHR to throw out all cases no Greek or Greek
Cypriot will have any means of securing their basic fundamental
human rights.
The Turkish Armed forces will not be reduced
until after seven years and then only to 6,000 only if Turkey
gives its consent, which it is not required to do by the Annan
plan. Even if Turkey joins the EU or 2018 the Turkish troops will
still remain on Cyprus soil and will be sufficient in number to
form a bridgehead. All the Turkish forces will be fully armed
with weapons of mass destruction and will be free to conduct manoeuvres.
The UN will not have any powers to intervene to ensure even basic
compliance with its targets.
Instead of the so-called federal government
protecting the whole of Cyprus it is the constituent states that
are mandated to do this. Cyprus will be left with NO armed forces
and NO protection against renewed Turkish aggression and GENOCIDE.
No protection force will be stationed on Cyprus to defend it and
its people. The Turks will eventually be allowed to seize the
whole of Cyprus.
It cannot be anything but crystal clear to you
and to anyone that has actual read the Annan plan in full that
the Annan plan construes to inflict conditions of life on the
Greek Cypriots calculated to bring about their physical destruction
in whole or in part and is thus in direct and deliberate contravention
of Article 2(c) of the Convention on the Prevention and Punishment
of the Crime of Genocide which was ratified in UN General Assembly
resolution 260 A (III) of 9 December 1948 and came into force
on 12 January 1951.
Under Artice 3(b) of the above Convention the
act of conspiracy to commit genocide is punishable. Under Article
3(c) of the Convention direct and public incitement to commit
genocide is also punishable.
The referenda proposed by Kofi Annan to endorse
his plan incited the public to commit genocide. By voting in favour
of the Annan plan the Turkish Cypriots sanctioned the perpetration
of an act of genocide on the Greek Cypriots. None of the restrictions
and conditions stipulated in the Annan plan including population
quotes of 18% which were the same for both sides would have had
any adverse affect the Turkish Cypriots wanting to go back to
the south since they make up less 10% of the present population,
and never made up more than 18% of the total population in their
history, whereas the Greek Cypriot demography of the north of
Cyprus which was 90% Greek Cypriot would have been entirely decimated
by the adoption of this plan. The Turkish Cypriots by voting in
favour of the Annan land voted for genocide and partition and
have no right to be rewarded by the British Government. Similarly
the British Government has no right to punish the Greek Cypriot
for voting for their own survival and the re-unification of their
country when they rejected the abomination that is the Annan plan.
Annan's referenda contravened UN Security Council
resolutions 541 (1983) and 550 (1984) by purporting to recognise
the constructional organs of the so-called "Turkish Republic
of Northern Cyprus" which these resolutions have declared
legally invalid and have called on called on all states "not
to facilitate or in any way assist this the aforesaid secessionist
entity".
The UN Secretary General has not only breached
his own organisations resolutions and charter but he has conspired
to commit genocide and incited the perpetration of genocide. Under
Article 4 of the Convention "persons committing genocide
or any of the other acts enumerated in article III shall be punished,
whether they are constitutionally responsible rulers, public officials
or private individuals."
There is only one solution to the problem of
the Turkish invasion, ethnic clearing, occupation and colonisation
of Cyprus and that is the punishment of the aggressor not their
reward and a solution can only be achieved when,
(1) all Turkish troops have immediately and
unconditionally been removed from Cyprus soil,
(2) all Turkish colonists have immediately
and unconditionally been repatriated, and
(3) all refugees have be allowed to return
to their homes in safety and have had their rights respected and
the constitutional order has been retuned to the way it was before
the Turkish invasion with Cyprus as a unitary state.
Then and only than can negotiations start between
members of Cyprus communities, Greek Orthodox, Maronites, Armenian
Orthodox, Muslims and Latins on reforming the divisive Birthing
imposed 1960 constitution, which led to this catastrophe in the
first place.
It is time for the British government to listen
to the people of Cyprus and demand a just solution to a problem
which it was in part responsible for creating and to stop rewarding
the brutal rapist and punishing the victim.
The solution to the problem of the Turkish invasion,
ethnic clearing, occupation and colonisation of Cyprus is not
the Annan plan nor any of its derivatives. A new simple plan must
be devised which respects justice, human rights, UN resolutions,
and EU and international norms and must be implemented by taking
action against the aggressor if necessary.
Here is the plan which I propose.
Step (1) Since Turkey has illegally stationed
over 40,000 heavily armed troops on Cyprus soil a world wide embargo
must be imposed on Turkey forbidding the export to Turkey of any
kind of arms or equipment or machinery or intellectual rights
that can be used for military purposes including manufacturing
plant until it withdraws its troops from Cyprus soil.
Step (2) Should the announcement of Step
1) fail to achieve an immediate commitment by Turkey to promptly
withdraw its forces completely from Cyprus soil;
(a) A world wide trade embargo forbidding
the import of all goods originating from Turkey or transported
through Turkey in whole or in part must be imposed within 2 months
of the imposition of the arms embargo, this being a resemble time
for all Turkish troops to be completely withdrawn.
(b) A blockade of all ports in the occupied
areas of Cyprus such as that imposed when Iraq invaded Kuwait
must be implemented by Greece and the United Kingdom as guarantor
powers of the Republic of Cyprus and the European Union which
has the duty to protect its territorial integrity so that all
contact between Turkey and its troops stationed in Cyprus can
be prevented and all trade between the puppet state set up by
Turkey in the occupied areas and the rest of the world can be
put to an end in accordance with the mandate given by UN resolutions
186 (1964) 541 (1983) and 550 (1984). On the same mandate a no
fly zone on both military and civilian aircraft and helicopters
must be decaled over occupied Cyprus including a 30 mile limit
around its coast so that Turkey cannot use its air power to assist
its occupation forces.
Step (3) Should the above sanctions fail
to achieve Turkeys full compliance with UN resolutions and the
judgments of the European Court of Human Rights and Turkey has
been sufficiently weakened, decisive military action must be taken
against Turkey to force its capitulation, once air-superiority
and superiority on the ground and in the sea has been achieved
by Greece and the United Kingdom as guarantor powers of the Republic
of Cyprus and the European Union which has the duty to protect
its territorial integrity, so that Cyprus can be liberated.
I hope my letter will contribute to a change
in British policy.
Argyros George Argyrou
3 August 2004
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