(Presented
to the European Commission of Human Rights in Strassbourg for the case Djavit
An v. Turkey, Application No. 20652/92 with additional information for the
case)
The first intercommunal meeting of the simple people from the two communities living in Cyprus took place at the Ledra Palace Hotel on 24th October 1988 In Nicosia on the occasion of the UNFICYP's Nobel Peace Award Ceremony. After this first contact of the masses since 1974, the second case was on 16th April 1989, again at the Ledra Palace Garden organized by the International Union of Students. In both meetings, app. 100 Turkish-Cypriots could meet and talk with their Greek-Cypriot compatriots in an informal atmosphere. Until then, intercommunal meetings took place in Cyprus or outside the island, where only a few delegates could participate.
The idea to invite some 30 persons from the T/C and G/C communities, who
could discuss politics and subjects of art and environment was put forward in
March 1989 by Mrs.Marina Gross, member of the Central Committee of the Federal
German Green Party, who participated at the Second March of the “Women Walk
Home” in Cyprus. The editor of the anti-chauvinist G/C Monthly “Endos ton
Tihon”, Mr.Costis Achniotis, the G/C film director Panicos Chrisanthou and T/C
Niyazi Kızılyürek were the three Cypriots, who got into contact with certain
non-party member individuals of left-wing tendency from both communities and
secured their participation at a meeting in West-Berlin. Because of the high
cost of the travel and accomodation, organized, and financed, by the
“Bildungswerk für Demokratie und Umweltschutz”(Educationworkshop for Democracy
and Environmental Protection), the participants were 8 T/C's from the occupied
areas of Cyprus and 7 G/C's from the free areas. 3 T/Cs and 2 G/C's were additional
participants from London and other cities.
Between 13 and 16 May, 1989 the participants discussed the roots of the
Cyprus problem and the faults of the two sides together with the interfering
outside factors and decided to meet next time in their home country, Cyprus.
(The proceedings of the West-Berlin Meeting was published by Ahmet An in the
T/C daily Ortam, 23 June-3 July 1989 with the joint communique). The meeting
was also welcomed by the G/C press.
The “Bildungswerk”sent invitation to the same participants for a meeting on
5-6 August 1989 in Ledra Palace Hotel in Nicosia and the joint application to
get permission to cross the Green-line to the Hotel was rejected by the T/C
authorities on the ground that “it was not made according to the rules of
correspondence”. No answer was given to the subsequent individual
applications. (Yeni Diüzen, 7 August 1989)
On 23-24 September 1989, we were able to meet at the Ledra Palace, where 25
T/C's and 36 G/C's could participate and discuss ways of. rapprochement and
more contacts between the two communities in Cyprus. (The proceedings of the
foundation meeting of the Movement for an Independent and Federal Cyprus was
published by Ahmet An in Ortam, 2-3 October, 1989.) The joint press release of
the meeting was published both in the T/C and G/C press and the meeting was
flash news at the CyBC-TV.
The English-language G/C daily Cyprus Mail wrote on 24 September 1989: “Yesterday's meeting between Turkish
and Greek Cypriots at the Ledra Palace was a triumph of compromise and
understanding. Away from bigotry and political posturing, representatives of
the two communities mixed freely without acrimony.”
On 28 September 1989 the Cyprus
Mail editor ended up his Editorial with this remark: “In the end, however,
Denktash will intervene as soon as something
constructive is decided and acted upon. Then, he will not allow any further
such meetings to take place. That is the reason why caution and restraint
should be shown at these meetings, if any progress is to be made.
Unfortunately, with too much caution, little can be achieved, other than
keeping Denktash in the dark. And that cannot be an end in itself.”
On 30 September and 1 October 1989
the press festival of the Haravgi newspaper took place at the premises of the
International Cyprus Fair at the G/C sector of Nicosia. 59 T/C's were invited,
mostly members of the Republican Turkish Party and some members of the
Movement. The permission was given to participate at these events. On 2 October1989 the T/C daily Kıbrıs, Asil Nadir's newspaper, reported the event
as its main news item with the title “Festival of the like-minded - Big show of
affection to Özgür (Chairman of the RTP) at the communist festival.” Haravgi
newspaper reported the impressions of some T/C's, expressing the joy of the
participants and their wish for more contacts and cooperation.
On the evening of 2 October 1989, a bomb exploded in front of the apartment, where Mr.Alpay Durduran (independent MP, who later formed the New Cyprus Party at the end of that month and who was also present at the Haravgi Festival) lives. His car was damaged. At the same evening TNT was put at the entrance of the RTP-Headquarters, which did not explode. Mr. Durduran told the press that the reason could be his critical article against the T / Cmafia, but not political. But the T/C public opinion was sure that the bombs had the aim of intimidation of the participants at the Press Festival, as another bomb explosions were reported in September 1989against smugglers for the first time since 1 9 7 4. Later on the evening of 5 November 1 9 8 9 leaflets of the underground organization called “Turkish Cypriot People's Movement” were distributed, in which b o t h “t h e T/C traitors to the national c a u s e “ and the smugglers were attacked. The responsibility of the bombs were accepted with their statement circulated on 31 January 1 9 9 0.
On the evening of 2 October 1989, a bomb exploded in front of the apartment, where Mr.Alpay Durduran (independent MP, who later formed the New Cyprus Party at the end of that month and who was also present at the Haravgi Festival) lives. His car was damaged. At the same evening TNT was put at the entrance of the RTP-Headquarters, which did not explode. Mr. Durduran told the press that the reason could be his critical article against the T / Cmafia, but not political. But the T/C public opinion was sure that the bombs had the aim of intimidation of the participants at the Press Festival, as another bomb explosions were reported in September 1989against smugglers for the first time since 1 9 7 4. Later on the evening of 5 November 1 9 8 9 leaflets of the underground organization called “Turkish Cypriot People's Movement” were distributed, in which b o t h “t h e T/C traitors to the national c a u s e “ and the smugglers were attacked. The responsibility of the bombs were accepted with their statement circulated on 31 January 1 9 9 0.
On 16 October 19 8 9 I applied to the T/C authorities
to get permission and make an interview with Mr.Ploutis Servas, who was present
at the foundation meeting of the Movement and who had worked as AKEL Secretary
General before the party took an open political attitude for the unification
of Cyprus with Greece, a policy which blocked the cooperation of the party with
the T/C community after the end of the Second World War. My second application
was on 6 November and the third on the 13 November 1 9 8 9 and I was not allowed to go and talk with this
historical personality, who was speaking critically of the AKEL policies in relation
to the T/C community.
My impressions from the Haravgi Press Festival was published again in Ortam on6-7 October 1989
with critical approach of the AKEL policy regarding the T/C community and
critical of Mr.Özker
Özgür' s evaluation of the situation after 1974 and of his solution to the
problem.
During the Festival I met a G/C doctor, who wished to cooperate with T/C
colleagues and form a bi-communal medical committee. We agreed to meet on 29 November1989, but the T/C
authorities did not allow us to go to the Ledra Palace on that day. Finally on 18 December 1989 we were
allowed. 12 T/C's and 34 G/C's met and formed the Commitee for the Cooperation of the Cypriot Medical
Professionals.
I applied to get permission on 25 November 1989 for the
press conference of Mr.Vassiliou, President of the Republic of Cyprus. I could
not go, on the ground that I was not a journalist.
Again on 12 December1989 the G/C coordinator of our Movement invited me through the “Free Thought
Association” to participate at her conference in Paphos. I was not allowed.
Our Coordinating Committee was able to come together on 2 December
1989 in order to organize the conferences of the three oppositional T/C party
leaders at the Famagusta Gate. They took place on 14 December 1989 (Mr.Alpay Durduran-
New Cyprus Party), 19 January 1990 (Mr. Mustafa Akıncı- Communal Liberation Party) and 23 February 1990 (Mr. Özker Özgür - Republican Turkish Party). The G/C audience was able to put questions to the T/C
political leaders and hear their policy on Cyprus problem for the first time
since 1974. The G/C press gave a big coverage to these conferences organized by our
Movement. I was present at all of them and reported the discussions later in
the T/C press. (16-22 December 1989 in Yeni Düzen, 24 January 1990 inDemokrat and 28 February 1990 inDemokrat.)
When we organized visits of the G/C political leaders, who would come to
the T/C sector of the capital and
give conferences on Cyprus problem, the invited persons were not allowed to
enter the T/C sector. On 29 December1989, 12 January1990, 15 January,26 January,16 March1990 were the
dates ,for which we got negative answers.
The Union of theT/C
Self-employed Doctors applied on 27th December 1989 to the Authorities to get
permission for the 5 doctor members of the Committee for the Cooperation of the Cypriot Medical
Professionals, for the 5 January1990, but no answer was given to the application. We got finally the permission
on 15 January1990 and4 colleagues visited the Nicosia T/C
State Hospital and some private clinics anda
joint statement was given to the T/Cand G/C press. The Committee invitedT/C doctors to an International Cancer
Symposium to be held on 10-11 February 1990 in Limassol. We applied for permission for 25 doctors, who were interested
in participating. At first we were told that only cancer specialists could go
with the approval of the Ministryof
Health, later when we objected to this condition, we were told to apply as individuals,
instead of joint application. On 6 February, we were informed orally that we were not given the permission on
the ground that the G/C President of the Republic and the Health Minister would
be present at the opening ceremony and it would mean that the T/C participants recog n i s e d the G/Cgovernment! I protested this policy with an article published
on 15 February 1990 inYeni Düzen
with the title “Either someone from us or noone”.
Mr.Rauf Denktash gave a statement on 15 February 1990,saying that the T/C
doctors (he meant the government-employed) did not find it useful to attend
the symposium in Limassol. He added that in the near future there will be an
International Urology seminar in the occupied area under the auspices of the
“Health Minister”there, the G/C
doctors as well as Republic's Health Minister would be invited and he
(Denktash) would address the seminar. Denktash claimed that if the G/C doctors
attend the meeting, then the T/C
doctors would attend future seminars organized in the free areas!
Since the intercommunal free contacts were made difficult for the members
of the Movement for an Independent and Federal Cyprus, we published on 20
January 1990 a statement complaining
about the arbitrary policy of the T/C
leadership, which had no defined rules or regulations concerning the contacts
between the two sides of the Green Line, saying “Everything is indefinite,
unknown and it depends on the words,
which come out through the lips of the permission authority.” We proposed
points of contact in the buffer zone with UNFICYP cooperation. We asked for
regulations to be made and officially declared for contacts. We wanted to have
the facility of telephone and postal service between the two sides with the
final aim of free movement and communication.
The T/C leadership was
embarrassed by the intercommunal contacts, which
were carried out in a free manner without its control and on the line of a real federal and
independent Cyprus. That's why, it formed only two days after the formation of
our Movement, a self-styled Movement of T/C
Intellectuals for Self-Determination, which only had 5 members, the
members of the T/C Union of
Journalists' Administrative Body. Their statements were given widely and in
full text on the radio and TV-news and newspapers, whereas the statements of
our movement were published only in one or two oppositional newspapers.
The Second Meeting of the Movement took place on 20-21January 1990, where
we discussed (Proceedings were published in Yeni Düzen, 12-14 February 1990)
and approved our basic principles and
views, which were later published, in Greek, Turkish andEnglish languages as a leaflet.
The Third Meeting was on 10-11
February 1993 when we discussed
written contributions from 3 T/C's
and 2 G/Cs. The papers were later published inYeni Düzen, 29 January - 6
February 1990 with my translation.
(See the report of the discussions in Yeni Düzen, 6-8 March 1990). Many
questions were to be discussed under the title “What kind of a federal Cyprus
do I want to see?” But it was not possible to realize the Fourth meeting
anymore. The T/C leadership took advantage of the student demonstrations at the
Ledra Palace check-point, starting on 21 February 1990, who protested the
arrest of a G/C youth by the T/C regime. When we applied for the Fourth Meeting
on 17-18 March 1990, we were rejected.
The G/C Union of Writers invited a group of poets and writers from the T/C
side to meet, but my application for 10 T/C's for 14 December 1989 and 21
February 1990 were rejected again on the ground that there were demonstrations
at the Check-point.
My last visit to the G/C sector of Nicosia was together with Mr.Özker Özgür
on 23 February 1990, when he gave a conference at the Famagusta Gate, as the
third T/C oppositional leader to speak in front of G/C audience. Starting from
2 March 1990 up to 17 December 1990, I applied 17 times to get permission for
participation at some activities in the free areas of the island, but I got 17
times negative answers.
Because of the restriction of our freedom of movement and organization in
our own country, I wrote a letter on 7 June to the Secretary General of the UN,
Mr. Perez de Cuellar in the name of the T/C Coordinating Committee of the
Movement and asked him to use his influence on the T/C leadership, which
hindered arbitrarily our freedom of movement.
On 9 June 1990, our Committee published a press release, condemning the
arbitrary policy of the T/C leadership, which gave permission to other persons
and organizations to meet at the Ledra Palace, but not to our Movement.
I wrote a personal letter to Mr. George Vassiliou on 28 June 1990 asking
him to take necessary precautions for free contacts and to remove some
restrictions put on the Ledra Palace check-point.
Since we could not meet and organize bi-communal meetings, our committee
decided to be active on the T/C sector of Nicosia. We organized a conference on
the “Influence of Chauvinism on Cyprus problem” given by Mr. Arif H.Tahsin, one
of the founders of the Movement in West-Berlin. That conference took place on
26 January 1990. On 15 March 1990 the subject we discussed was Mr. Ecevit's
proposal that the TRNC should unite with Turkey as an autonomous state. Our
Movement denounced this proposal very sharply. We organized two
forum-discussions with the public, one on 24 July 1990 under the title
“Obstruction of the intercommunal contacts and the European Community” and the
other on 31 July 1990 under the title “One new step forwards in the direction
of becoming a province of Turkey: Our alternative is Independent and Federal
Cyprus”, on the occasion of abolishing the passports between TRNC and Turkey.
On 15 August 1990, 15 days after the forum, three students, who
participated at our meeting on 31 July, were called to the Police Station in
Nicosia on the ground that they spoke among themselves on that evening matters,
which are contrary to the law! Houses of the two students were searched with a
police warrant, on the ground that they kept bombs at their houses! We
denounced this act of provocation with a press release on 16 August 1990.
30 members of the T/C Committee of the Movement were not given to take part
at a meeting on 1 September 1990, World Peace Day. Although a delegation of our
Committee visited Mr. Atakol on 26 February 1990 and asked for improvement of the attitude of the authorities to the
Movement, our 7 meetings at the G/C sector of Nicosia and 7 meetings at the Ledra Palace
Hotel, which is in the buffer zone, could not take place, because of not
getting the necessary permissions. A press release was published on 2 September 1990 denouncing
the T/C leadership.
On 14 October 1990, 36 members of our Committee demonstrated at the Ledra Palace Check-point
(T/C side) and protested the T/C leadership, which blocked our contacts. At the
G/C side a parallel demonstration took place. At 2.00 o’clock in the morning of
16 October, the car of Mr. Hürrem Tulga, one of the organizers of the protest demonstration and the editor of
the left-wing journal “Özgürlük”(Freedom) was destroyed with a bomb. The second bomb exploded on that
morning belonged to a man of Mafia. The third in Famagusta destroyed the car of
a Mafioso. The fourth bomb exploded at the garden of an ex-MP of the Republican
Turkish Party. Our Committee put the blame on the “partitionists”.
On 20 October1990, 3 T/C oppositional parties, 11 Trade Unions and Associations staged, a protest march in Nicosia as a
protest to the recent bomb explosions. The underground organization“T/C
People's Movement” took the responsibility of the bombs in their statement of 15 October1990, in which it
declared itself as the continuation of the TMT!
Most of the members of the G/C Committee of our Movement organized
themselves on 29 April1990 as a political party, called ADISOK. I applied to the Authorities with my
press card No.067, given by the PIO of the TRNC, in order to report first-hand information about the foundation congress in
the T/C weekly Demokrat, where I started a serial on 17 January 1990 under the title “Struggle for Perestroika in the AKEL”. The
AKEL-dissidents, the EDEK-dissidents and some independents were the founders of the new
party and they were the G/C's, who interested in working with our members of the Committee. I was not
given permission again, on the ground that my press card was not yellow, which
means professional journalist, who can cross over the Green-line to the G/C
side according to the so-called regulations!
On 17 October1990, I received a letter by the President of the ADISOK, who invited our
Committee to visit the party and who proposed the visit of an ADISOK-delegation
to our side with the purpose of developing the understanding between the two
sides. Both delegations could not get the permission to realize their mutual
visits on 25 and29 November1990 respectively. On 24 November 1990 we published a protest
statement, once again urging the T/C
leadership to contribute to the creation of conditions for a free dialogue and
communication in our own country. In our statement, we accused the Denktash and National Unity Party leadership
of taking an antagonistic and agressive attitude towards our Movement since 1990. We also denounced Mr.Denktash's statement to the Ankara’a “Turkish Daily News”, in which
he said: “Until the world accepts us as a separate state, it is out of question
to discuss federal solution!”
On 27 November 1990 Mr. Denktash gave a statement, in which he criticized
our on-going initiatives for cooperation and contacts with our compatriots for the creation of an atmosphere of
friendship between our communities and he advised us to sue a policy parallel
to his and to report back to the T/C authorities about our meetings with the
G/C's.
Our Committee answered Mr.Denktash's statement on
28 November 1990. We repeated our “Principles and basic views” and reminded him
that all the proceedings of our meetingswere
already published in the T/C press and as free citizens we did not feel
ourselves obliged to go and report to someone as if we were civil servants. We
reminded him also that all our meetings were made on the principle of equality
of the two sides and we ended up: “If we are not living under a regime of
slavery, having dialog and communication should not be in the monopoly of any
leadership.”
Since our contacts through the Ledra Palace Check-point were blocked we
tried to get a permission and go to the Pyla village, which is near the British
Sovereign Base Area and on the Green-line. My application together with Mr.Hürrem
Tulga on 6 December 1990 to get permission for Pyla, where we could talk with
the villagers on the subject of coexistence and
economical restrictions, was rejected by the Military authorities and we were
sent again to the Ministry of Foreign Affairs to get the permission, which
denied it to us.
I and columnist Mr. Kutlu Adali were invited on 15 December 1990 for the congress of New Cyprus Association, which struggles since 1975 for the
dissemination of the “Cypriot patriotism” idea'. We applied on 10 December
1990, UN Day of Human Rights, for the permission, but after 5 hours, I was
rejected through a telephone answer. We protested the T/C leadership, reminding the Article 13 of the
Universal Human Rights Convention and the relevant paragraph of the Paris Declaration of the CSCE countries.
Mainland Turkish humorist Mr. Aziz Nesin visited the free areas of Cyprus
as the guest of the G/C Union of Writers. Our Movement organized three cultural evenings with Mr.Nesin's participation at the G/C sector of
Nicosia, starting with a press conference on 17 December 1990, for which T/C journalists and I could get
permission to go. On 18 December Aziz Nesin visited the T/C sector of Nicosia together with G/C poets and writers and CyBC-TV, all 29 persons, participating at two
press conferences. I was then General Secretary of the T/C Union of Writers and Artists and I was able to organize the visit of T/C's to the cultural evenings, 34 persons on the 17th, 38 persons on the 18th
and 51 persons on the 19th December 1990. 25
persons, being our own members, a total of 80 T/C's crossed the Green-line to the G/C side and had contacts with G/Cs.
The visit of Mr. Nesincaused a
lot of trouble for the T/C leadership, which
criticized him ofnot coming first to the Northern occupied part. Mr.
Nesin answered that he was not
invited, to do so! The chauvinists planned to burn his book on the day he was
planned to cross and there was a warning that the conference hall would be
bombed. That's why we changed the venue later. I was
accused on the following day of getting money from the G/C’s for financing the
lunch we gave to them, which was actually paid by the T/C municipality of Nicosia.
On 19 January 1991 a new T/C
Union of Writers was formed and they visited Mr. Denktash on 29 January 1991.
In the following May, when our T/C Union of Writers and Artists made its
congress, I and Mr. and Mrs. Kutlu Adali were voted out of the Administrative
body, since we were active for more intercommunalcontacts and writing on the line of “Cypriotism”! Mr.Denktash later
published a letter to Mr. Nesin, in which he tried to convince him not to come
to the G/C side!
The G/C Amateur Painters’ Association, which had contact with the T/C
Association of Cartoonists informed our Committee about a visit of the Japanese
peace lovers with a ship to Cyprus. We could get permission on 17 January 1991
in order to discuss the joint
programme, but we were accompanied there with two T/C journalists, one of them recording the whole meeting! On 25
January we were not allowed to cross to the buffer zone, where joint painting
was planned for peace. We made our paintings on the T/C side of the check-point, where the PR-officials of the
Denktash regime summoned in order to welcome the Japanese delegation. When the
delegation came one hour later, our group was dispersed and the officials welcomed the delegation. Some of our members, who
were still there, were able to get into contact with the delegation and inform them about the real situation that these officials were not our
members! (Ortam, 25-26 January 1991)
On 9 February 1991we were not
given the permission to participate at the Meeting of the World Peace Council,
which took place in Nicosia.
On 13 February 1991, 7 representatives from our Movement were not allowed
to visit the Pancyprian Painting and Cartoon Exhibition, whereas only 8 artists
were allowed.
When we were able to visit the G/C sector during the visit of Mr.Nesin, our Coordination Committee could not meet and decided to organize new
meetings at the Ledra Palace Hotel on the systems of federalism. The
conferences were supposed to be given by the diplomats in Cyprus from the
countries, which have a federal system. We started on 26 February 1991 with a conference on American
federalism. 33 T/C's could participate.
I wrote a letter on 11 February 1991
to Mr. Kenan Atakol, asking him to put an end to the double standard by giving
permission and naminga responsible person at the
Ministry, to whom we could apply for explanation, why we were not informed
properly about the fate of our applications. Until the last moment, we were not
informed, if we got the permission or not, so that we could inform our invitees
about our possible visit. I received no answer from him.
On 28 February 1991 I appealed
once again to Mr.Vassiliou, the P r e s id
e n t of the Republic of Cyprus for doing as much as he could for the
realization of our human rights according to the Paris Charta he undersigned .
On 8 February 1991 we organized with the participation of the three
oppositional T/C parties, which support a federal solution to the Cyprus
problem, under the title “What does your party expect from a federal solution?”
On 1 March 1991 we met in Famagusta to tell to the public there more about
the aims of our Movement. On 15 March 1991 a forum-discussion was organized in
Nicosia about the freedom of movement in our own country, possible complaint to
Human Rights Commission.
Our second conference in Ledra Palace was on Yugoslav Federalism on 22 March
1991. Our 62 members were not allowed to cross on the ground that the new
ambassador of Yugoslavia did not visit Mr. Denktash yet and since he did not
recognize our state, we could not listen to his conference!
The Doctors' Contact Group tried to visit the G/C side on 7 February 1991
for the return visit with 5 self-employed and 5 government-employed doctors. On
15 February 1991 we were informed that the government employed doctors were not
aware of such an invitation, which was not true and they were forced to
retreat! Our return visit was able to be done on our 5th application
(Previously applications were all turned down for the dates 18 March 1990, 12
May 1990, 15 January 1991 and 23 March 1991) on 5 May 1991 after 16 months, but
made only possible after a British delegation visited Mr. Denktash and secured
the permission. (Mr. Nick Lewer of the Conflict Resolution Institute of the
Bradford University /England and Dr. Edward Cadbury of the IPPNW-UK)
On 2 April 1991 a meeting was organized by various trade unions and other
associations to discuss common policy on federal Cyprus and Mr. Denktash sent
an open letter to this meeting. He repeated his criticism of the Cyprus
government, which speaks of “occupied territory” of the Republic of Cyprus and
restricts the visit of the foreign tourists to these areas. “This was supposed
to be an insult for those, who contact with G/C s and they have to condemn
this. The TRNC has to be accepted. The regulations for entering and exiting the
TRNC are not obstructing the contacts and peaceful approach of the T/C side.”
Mr. Atakol gave a statement to the T/C Radio on 10 April 1991, stating that
in the last year 114 G/C journalists, 22 political leaders, 105
Trade-unionists visited the North and 101 T/C journalists, 128 Trade-unionists,
41 political leaders and 241representatives of various
organizations visited the South, excluding the meetings at the Ledra Palace. He
repeated that they were doing all the help they could to this effect. They were
not against meeting if the equality of the two sides were respected.
In March-April 1991 the G/Cand T/C
political parties started mutual visits to each other for the purpose of
rapprochment, but the T/C leadership
did not allow some delegations to visit. The Yeni Düzen reported on 9 April 1991that the Haravgi delegation was not
given permission to visit the North and the
Liberal Party delegation, which was invited by the Communal Liberation Party
and the Republican Turkish Party was not given permission for the 9 April.
The Authorities restricted the number persons in each delegation to five
persons. Coordinator of the T/C
Commitee of the Movement for a Federal and Independent Cyprus, Dr.Ahmet Cavit
An was not given permission by the “Security” to visit the ADISOK on 12 April and the AKEL on 13 April 1991.
Nevzat Adil wasthe other member, who was
not given the permission and was asked to be put out of the list of applicants. He hadstayed two days at the G/C sector of Nicosia in
December 1990 together with his wife as a guest of a friend, studied with him
at the “School for the Blind” in Nicosia in the 1960's.
On 27 February 1991 the Yeni Düzen reported about our meeting on 25
February with legal experts and that the T/C Committee of the Movement decided
to take to the European Human Rights Court the Denktash regime and take legal
action against the restriction put on our movements to the free areas of the
island by Denktash. We had filed 52 applications for various contacts with G/C
personalities and organizations, but the Denktash regime approved only 14 of them.
On 15 May 1991 Yeni Düzen reported the acceptance of our application to the Commission of HumanRights of the European
Council, which made the T/C
leadership furious.
On 7 June about 29 persons, some members
of our Movement, were interrogated by the Police, one and half months
after the 1 May Demonstration. After the official march, a group of 150 persons
marched up to the Ledra Palace check-point, where we appealed for our
unrestricted right of contact with our compatriots. The police brought the
offence that calls like “Down with Özal, down with the government” were heard,
which we did not hear! The check-point was fortified on that day with two buses
of T/C policemen with arms. (Ortam, 18 June 1991)
On 6 May 1991 a four-person delegation of the Movement visited Mr. Kenan
Atakol, the Minister for Foreign Affairs, at his office and discussed again
the problems we were faced by the contacts and by getting the permissions.
During the discussion, he wanted us to inform him about every visit we make and
to give a report, which I resisted to do so, since he had a Public Information
Office and his officials could cut the news of our visit and our speeches from
the daily press and submit to him. Mr. Atakol, like Mr. Denktash, repeated the
condition that whenever we meet with the G/C compatriots and later the G/C
press writes that they met with T/C's coming from the occupied areas, we should
make statements, in which we deny that we do not live under occupation! I told
Mr. Atakol that I evaluate the presence of Turkey in the 37% of the territory
of Cyprus as an occupation and I don't see it necessary to give such a
statement. After-all, it has been the usual
evaluation of theG/C press of the situation as invasion and occupation in Cyprus, I don't need to negate it everytime we put a communique. Mr.
Atakol advised me to leave the country, if I accept the presence of the Turkish
Army as “occupation”.I told him that I shall never do so, but struggle for my
human rights until I get them.
After I came back to my clinic, an official from the Ministry phoned me and
asked the names of the persons, who visited Mr. Atakol. I gave them Dr. Ahmet
Cavit An, Nevzat Adil,
Şefika (Beren) Çavlan and Turgut Çavlan. Mr.Turgut Çavlan used to work as a constructor /civil engineer in Pyla, the only mixed village at the Green-line near Dhekelia SBA, British Base. After
that meeting he could not get permission to go to Pyla and he found out that
after our meeting, Mr. Atakol reported to Mr. Denktash about the discussion we
had and Mr. Denktash wrote a letter to the Permission-giving-authority, civil and
military, asking that we, four persons, would never get anymore permission to
cross the Green-line to the buffer zone or G/C side. He learned it from a
friend, who used to have military service at the Headquarters of the Turkish
Occupation Army, he saw the text of the letter, but was afraid to make a photocopy
of it for us. Turgut and Şefika
Çavlan later left the Northern part and via Athens settled in the South, since Turgut could not
get the permission anymore for going to work in the G/C side over Pyla. Nevzat Adil was a civil
servant and could not fight more with me. I was left all alone to fight for our
freedom of movement, freedom of thought and freedom of communication in my own
country.
Mr.Denktash gave an interview to Yeni Düzen on 21 February 1991, in which he
advised the journalist, Hasan Erçakıca, one of the founding members of our
Movement, that whoever visits the G/C side should give a statement that he/she
made a sacrifice; the G/C side should not see the T/C visiting the South “a citizen of
the Republic of Cyprus, who is coming from the occupied area as a free
citizen”. “If you put at the beginning of your article or if you tell them when
you meet and we know that you have already told them so, we shall open the
gates for you.”
On 17 May 1991 Mr. Denktash commented on our application to Strasbourg and told that this
situation had to be a warning to everyone. “Those 3 or 5 persons have
been profiting from the blessings of the TRNC! The country is on terms of a
cease-fire. The opposite side is arming itself, EOKA Day has been a national
holiday. Every basic principle for compromise is rejected and these people
could dare to sue the TRNC as the “T/C authorities in the Republic of Cyprus”.
This is a picture, which could be a warning to everyone!” (Yeni Gün, 18 May 1991)
On25 May 1991 the new weekly “Vatan” made our application its main title as “Big scandal”, because we named the
TRNC as the T/C authorities of the Republic of Cyprus. It said that this had to
be an offence, if it is not already. The Parliament had to react and stop this
scandal by making a law. A new label had to be hanged at the check-point saying “Those, who do
not recognize the TRNC, cannot pass through”. A similar suggestion that our
citizenship had to be abolished was made by the ex-TMT Members Association. On 26 May 1991 a MP of the
governing party criticized our application at the Parliament. (Kıbrıs, 29 May 1991)
After the general elections in the South, I applied to go to the G/C sector
of Nicosia and evaluate the new situation for the weekly newspaper “Yeni Çağ”
on 25-26 May 1991 and later on 1-2 June 1991, both applications were rejected.
I was granted a short-term medical scholarship in the USA and I wanted to
see the Newborn Department in Makarios Hospital-Nicosia and Mental Retardation
Prevention Centre-Limassol on 31 May and 9 June respectively, both were
rejected on the ground that I would see similar institutions in the USA!
I was not allowed to participate at a medical meeting of the UNHCR
at the Ledra Palace on 4 June 1991, whereas other T/C doctors were allowed. On
23-24 November 1991 a group of T/C doctors were invited through our Committee
to participate at a medical meeting on hepatology in Limassol, we were not
allowed to visit the medical seminar.
On 30 November 1991 the Prime Minister of the TRNC, Mr. D.Eroğlu criticized
those, who try to give an image to the outside world that the TRNC is under
occupation.” This is not true. On the contrary, the TRNC is under the
protection of the Turkish Army Corps, which remains here with the consent of
the T/C people... Those, who want to have a federal solution under whichever
condition, have to look at the situation in Yugoslavia.” (Kıbrıs, 30 November
1991)
Prof. Dr. jur. Erik Siesby from the Executive Committee of the Danish
Helsinki Committee visited Cyprus on 3-10 June 1991, where he studied the human
rights situation on the island. I met him on 5 June 1991 and told him all the
difficulties we had for more contacts with the G/C's. I gave him a written
account of the planned meetings, which could not be realized. He visited Mr.
Rauf Denktash on 7 June 1991, whom he asked why my freedom of travel to the G/C
sector of Nicosia was banned. Mr. Denktash told him that I am a communist
that's why I was restricted! Prof. Siesby promised me to take my case to the
Warsaw (end of August 1991) and Moscow Meetings (10 September and 4 October
1991) of the International Helsinki Committee. He specially referred to the
Document of the Copenhagen Meeting of the Conference on the Human Rights
Dimension of the CSCE (June 1990), Article 9 and 10.4.
During a seminar on “Human Rights and the Cyprus Question in the context of
the CSCE Process”, which was organized by the T/C Human Rights Committee on
9-11 September 1991, I got in touch with Mr. Keith Kyle, Cyprus expert of the
Royal Institute of International Affairs / UK and told him my case. When he had
a meeting with Mr. Atakol, he asked him about restrictions put on our contacts
with the G/C side. Mr. Atakol told him that the members of our Movement were
not quite proper!, as informed me about his conversation with Mr. Atakol.
I was in October-November 1991 in Washington / USA for a short-term medical training, where I had the chance to bring my case into the knowledge of some Congressmen. On 19 October 1991 Cyprus Mail reported that our “Human rights appeal ruled inadmissible”,that “the authority of respondent Government is in fact limited to the southern part of Cyprus. The Republic of Cyprus cannot be held responsible under Article 1 of the Convention for the acts of the T/C authorities in the north of Cyprus of which the present applicants complain.”
I was in October-November 1991 in Washington / USA for a short-term medical training, where I had the chance to bring my case into the knowledge of some Congressmen. On 19 October 1991 Cyprus Mail reported that our “Human rights appeal ruled inadmissible”,that “the authority of respondent Government is in fact limited to the southern part of Cyprus. The Republic of Cyprus cannot be held responsible under Article 1 of the Convention for the acts of the T/C authorities in the north of Cyprus of which the present applicants complain.”
On 10 December1991, International Human Rights Day, I sent a letter to Mr.
Süleyman Demirel, the new Prime Minister of Turkey, whose new government's
programme referred to the Paris Charta, informing him about the restrictions
put on our contacts w it h t he G / C s a n d I a s k e d h i m to show
interest in our case. I received no answer.
On 18 December 1991, I prepared an open letter, in
which I asked for help and solidarity with our case, informing that our lawyer,
who sent the complaint to the Human Rights Commission was put under
psychological pressure and asked to give the copy of our application to the T/C
authorities. The T/C Bar Council of Nicosia attempted to give Mr. Ergin Ulunay
a disciplinary punishment, which could not win enough votes (3 to 2). The open
letter was sent to the T/C and G/C press and various human rights organizations
in Europe, also in Turkey.
On our New Year's Message published in Ortam , 30 December 1991, we asked for freedom of movement in Cyprus for all T/Cs as well as all G/C's. We wished that the divisive walls in Cyprus should turn into bridges of friendship and peace.
On our New Year's Message published in Ortam , 30 December 1991, we asked for freedom of movement in Cyprus for all T/Cs as well as all G/C's. We wished that the divisive walls in Cyprus should turn into bridges of friendship and peace.
On 10-18 January 1992 there was a UNHCR Seminar on chronic diseases control
at the Ledra Palace. 21 T/C doctors were allowed and only I was not given the
permission to go. I protested this arbitrary attitude of the T/C leadership
with reference to its own Constitution, Article 8 about the equality of all
citizens and Article 25 about the freedom of science and art. Although I was
regarded as “politically dangerous”, there has been no legal action against me,
I concluded. (Ortam, 11 Januar 1992) The T/C Chamber of Doctors protested also
this discrimination to one of their member colleagues and asked for explanation
from the Foreign Ministry with a letter dated 14 January 1992, which was not
answered. I, as the Secretary-General of the T/C Self-employed Doctors’
Association, wrote a letter on 15 January 1992 to the Adviser to the Health
Ministry, Mr. Orhan Aktunç and asked why my name was
picked out of the list of the participants compiled by the Health Ministry. I
received his answer dated 3 February 1992, Letter No. SB 22/84 of Health
Ministry, in which he told: “According to the
information our Ministry received, you were informed by the Ministry of Foreign
Affairs and Defence orally and this has been a decision of the government and
we have nothing to add as the Ministry. According to the directive of Mr.
Minister I want you to acknowledge this respectfully. Signed Orhan Aktunc
(Adviser). A copy of the letter was sent to the Chamber of T/C Doctors.”
I was not informed by the Ministry of Foreign Affairs, but the President
of the Chamber of Doctors informed me about the negative answer on the day of
beginning of the seminar and I had to return from the check-point, where the
T/C representative of the UNHCR could not do anything. I later reported this
discriminatory act of the T/C leadership to Mrs. Dolores Lazanne,
representative of the UNHCR in Cyprus with a letter of 11 January 1992 and to
Mr. Robert Lamb, American Ambassador in Cyprus, who was one of the sponsors of
the seminar with a letter of the same date. I received no answer, but orally I
was told that they could not interfere into the matters of the T/C leadership.
On 6 February 1992 I asked the TRNC Government to disclose the cabinet decision about me, which was referred to in the letter of the Health Ministry, dated 3 February 1992. I also gave information to the T/C press that I had a meeting with an official of the American Embassy, who supports the necessity of intercommunalcontacts and that I submitted a letter to the new German Ambassador to Cyprus, who also spoke of more contacts between the two sides. (Ortam, 7 February 1992)
Mr. Atakol gave a statement to a French newspaper and answered a question about intercommunalcontacts:“If these contacts are made under equality, we even encourage them!” (Bairak Radio News at 13.30 on 20 February 1992)
On 20-24 January 1992 the 16th Congress of the International Union of Students took place in Larnaca. Our Movement was also invited, among other T/C organizations. All applicants were not allowed to cross the Green line, but we were told, we were free to go to Larnaca via Athens or any other channel!
On 20 March 1992 on the occasion of the International Day against Racia1 Discrimination a bi-communal photographic exhibition called “Beyond Lines” was organized. None of the invited (me included) were allowed to go to the opening ceremony at the Famagusta Gate. I wrote a letter to Mr. Camillon and protested this arbitrary action.
On 4 May 1992, only 6 artists were allowed, 7 other invited persons (me included) were not allowed to visit the 7th Pancyprian Exhibition of ENAZ.
On 9 May 1992 there was a Spring Fair at the Nicosia International Airport (UNFICYP-HQ). Two buses of Turkish Cypriots could go only by showing their identity cards, without prior written application. When my turn came at the que, I was rejected by the official of the Foreign Ministry on the ground that I complained to the Human Rights Commission and I did not recognize the TRNC! (See Kutlu Adalı’s article in Yeni Düzen, 12 May 1992) I reported this discriminatory act to Mr. Camillion on the spot, who was about to cross the check-point and asked his help.
The T/C Press reported on 28 January 1992 that the new German Ambassador Mr. Henning Leopold von Hassel spoke of the possibility of overcoming the division of Cyprus through more intercommunal contacts as he gave his credentials to Mr. Vasiliou. I sent him a letter dated 3 February 1992 and informed him about the difficulties I had in getting into contact with the G/C side. When he visited Mr. Denktash on 10 February 1992, he asked about me and why I was not allowed to have contacts. As I heard on 25 February from Mr. von Hassel, Mr. Denktash told him that I was a paid agent of the G/C's that's why my name is included on a black-list of persons, who cannot cross over to have contacts with the G/Cs! This was a blatant lie of Mr. Denktash against me, who has been criticizing his partitionist policy on Cyprus since 1958 in my weekly articles in Yeni Çağ newspaper.
With the help of the International Association for the Protection of Human Rights in Cyprus, I was able to participate at the 3rd Meeting of the Helsinki Citizens Assembly in Bratislava /Czechoslovakia, between 26-29 March 1992. I brought my case in the Commission on Human Rights there. When I came back, I kept contact with the Association and we decided to form the Cyprus National Committee for the Helsinki Citizens' Assembly. Mr. Chris Clerides, Vice-President of the Association, wrote on 6 October 1992 to the Ambassadors of the Five Permanent Members of the Security Council of the UN in Nicosia, asking them to ensure my participation at the Founding of the Committee at the Ledra Palace in any one of the suggested dates (8.10. or 10.10.1992)to Paul Kavanagh, UN, Nicosia. We were not able to declare our foundation since I was not given the permission once again.
As I was in Bratislava, I contacted Mrs. Claudia Luciani from the Council of Europe who advised me to write a letter to Mr. Peter Leuprecht, Human Rights Director of the Council of Europe about my application to the Commission No.18270/91. When Mr. Leuprecht answered my letter of 6 April 1992, on 21 April, he advised me as my only possibility to lodge a complaint against Turkey, who can be held responsible under Article 25 of the Convention for the violations I mentioned.
On 6 April 1992 I wrote letters to Mr.Hans-Peter Furrer, the Political Director of the Council of Europe and to Mr.Peter Leuprecht, Human Rights Director of the Council of Europe and informed them about the difficulties I have in having political or medical contact with my Greek-Cypriot compatriots. I asked both of them to give me legal advice and to send me the last report of the Council of Europe about the Human Rights Violations of Turkey in Cyprus.
On 7 April 1992 I wrote a letter to Mrs. Mary Sue Hafner, Deputy Staff Director and General Counsel of the Commission on Security and Cooperation in Europe, Washington, who visited me on 11 February 1992 with Mr.Mike Amitay, giving her further information about the on-going violations and about the remarks of Mr.Denktash to the new German Ambassador in Cyprus, Mr.Henning Leopold von Hasel that I was a paid agent of the Greek-Cypriots (sic)!
Later in the Cyprus section of the “1993 Annual Human Rights Report of the US State Department to the Congressional Foreign Affairs Committee” the following remarks were reported under the paragraph “Freedom of Movement within the Country, Foreign Travel, Emigration and Repatriation” (p.5):
On 6 February 1992 I asked the TRNC Government to disclose the cabinet decision about me, which was referred to in the letter of the Health Ministry, dated 3 February 1992. I also gave information to the T/C press that I had a meeting with an official of the American Embassy, who supports the necessity of intercommunalcontacts and that I submitted a letter to the new German Ambassador to Cyprus, who also spoke of more contacts between the two sides. (Ortam, 7 February 1992)
Mr. Atakol gave a statement to a French newspaper and answered a question about intercommunalcontacts:“If these contacts are made under equality, we even encourage them!” (Bairak Radio News at 13.30 on 20 February 1992)
On 20-24 January 1992 the 16th Congress of the International Union of Students took place in Larnaca. Our Movement was also invited, among other T/C organizations. All applicants were not allowed to cross the Green line, but we were told, we were free to go to Larnaca via Athens or any other channel!
On 20 March 1992 on the occasion of the International Day against Racia1 Discrimination a bi-communal photographic exhibition called “Beyond Lines” was organized. None of the invited (me included) were allowed to go to the opening ceremony at the Famagusta Gate. I wrote a letter to Mr. Camillon and protested this arbitrary action.
On 4 May 1992, only 6 artists were allowed, 7 other invited persons (me included) were not allowed to visit the 7th Pancyprian Exhibition of ENAZ.
On 9 May 1992 there was a Spring Fair at the Nicosia International Airport (UNFICYP-HQ). Two buses of Turkish Cypriots could go only by showing their identity cards, without prior written application. When my turn came at the que, I was rejected by the official of the Foreign Ministry on the ground that I complained to the Human Rights Commission and I did not recognize the TRNC! (See Kutlu Adalı’s article in Yeni Düzen, 12 May 1992) I reported this discriminatory act to Mr. Camillion on the spot, who was about to cross the check-point and asked his help.
The T/C Press reported on 28 January 1992 that the new German Ambassador Mr. Henning Leopold von Hassel spoke of the possibility of overcoming the division of Cyprus through more intercommunal contacts as he gave his credentials to Mr. Vasiliou. I sent him a letter dated 3 February 1992 and informed him about the difficulties I had in getting into contact with the G/C side. When he visited Mr. Denktash on 10 February 1992, he asked about me and why I was not allowed to have contacts. As I heard on 25 February from Mr. von Hassel, Mr. Denktash told him that I was a paid agent of the G/C's that's why my name is included on a black-list of persons, who cannot cross over to have contacts with the G/Cs! This was a blatant lie of Mr. Denktash against me, who has been criticizing his partitionist policy on Cyprus since 1958 in my weekly articles in Yeni Çağ newspaper.
With the help of the International Association for the Protection of Human Rights in Cyprus, I was able to participate at the 3rd Meeting of the Helsinki Citizens Assembly in Bratislava /Czechoslovakia, between 26-29 March 1992. I brought my case in the Commission on Human Rights there. When I came back, I kept contact with the Association and we decided to form the Cyprus National Committee for the Helsinki Citizens' Assembly. Mr. Chris Clerides, Vice-President of the Association, wrote on 6 October 1992 to the Ambassadors of the Five Permanent Members of the Security Council of the UN in Nicosia, asking them to ensure my participation at the Founding of the Committee at the Ledra Palace in any one of the suggested dates (8.10. or 10.10.1992)to Paul Kavanagh, UN, Nicosia. We were not able to declare our foundation since I was not given the permission once again.
As I was in Bratislava, I contacted Mrs. Claudia Luciani from the Council of Europe who advised me to write a letter to Mr. Peter Leuprecht, Human Rights Director of the Council of Europe about my application to the Commission No.18270/91. When Mr. Leuprecht answered my letter of 6 April 1992, on 21 April, he advised me as my only possibility to lodge a complaint against Turkey, who can be held responsible under Article 25 of the Convention for the violations I mentioned.
On 6 April 1992 I wrote letters to Mr.Hans-Peter Furrer, the Political Director of the Council of Europe and to Mr.Peter Leuprecht, Human Rights Director of the Council of Europe and informed them about the difficulties I have in having political or medical contact with my Greek-Cypriot compatriots. I asked both of them to give me legal advice and to send me the last report of the Council of Europe about the Human Rights Violations of Turkey in Cyprus.
On 7 April 1992 I wrote a letter to Mrs. Mary Sue Hafner, Deputy Staff Director and General Counsel of the Commission on Security and Cooperation in Europe, Washington, who visited me on 11 February 1992 with Mr.Mike Amitay, giving her further information about the on-going violations and about the remarks of Mr.Denktash to the new German Ambassador in Cyprus, Mr.Henning Leopold von Hasel that I was a paid agent of the Greek-Cypriots (sic)!
Later in the Cyprus section of the “1993 Annual Human Rights Report of the US State Department to the Congressional Foreign Affairs Committee” the following remarks were reported under the paragraph “Freedom of Movement within the Country, Foreign Travel, Emigration and Repatriation” (p.5):
“One
well-known Turkish Cypriot dissident, Dr.Ahmet Cavit, has been consistently denied
permission to travel into the south, despite multiple applications, because of
his outspoken criticism of the ruling regime. “TRNC” civil servants
periodically face a blanket prohibition against travelling from the “TRNC” into
the south, or even into the U.N.-patrolled buffer zone.”
On 4 May 1992, only 6 artists were
allowed, 7 other invited persons (me included) were not allowed to visit the
7th Pancyprian Exhibition of ENAZ.
On 9 May 1992 there was a Spring Fair at the Nicosia International Airport (UNFICYP-HQ). Two buses of Turkish Cypriots could go only by showing their identity cards, without prior written application. When my turn came at the queue, I was rejected by the official of the Foreign Ministry on the ground that I complained to the Human Rights Commission and I did not recognise the TRNC! (See Kutlu Adalı's article in Yeni Düzen, 12 May 1992, reporting the humiliation.)I reported this discriminatory act to Mr.Camilion on the spot who was about to cross the check-point and asked his help in vain.
On 6 May 1992 the Yeni Düzen newspaper reported a commentary of Mr.Denktash about the reception of the new EC Representative in Cyprus for which all the invited persons were not allowed to take part. Mr.Denktash said: “The various embassies are trying to bring the Turkish-Cypriots and Greek-Cypriots artificially together. They don't invite the officials of our state whereas the Greek-Cypriot side is all invited with their titles. If our officials are not invited, no T/C should participate such meetings, those invited should ask this question to themselves and prefer not to go!”
On 9 May 1992 there was a Spring Fair at the Nicosia International Airport (UNFICYP-HQ). Two buses of Turkish Cypriots could go only by showing their identity cards, without prior written application. When my turn came at the queue, I was rejected by the official of the Foreign Ministry on the ground that I complained to the Human Rights Commission and I did not recognise the TRNC! (See Kutlu Adalı's article in Yeni Düzen, 12 May 1992, reporting the humiliation.)I reported this discriminatory act to Mr.Camilion on the spot who was about to cross the check-point and asked his help in vain.
On 6 May 1992 the Yeni Düzen newspaper reported a commentary of Mr.Denktash about the reception of the new EC Representative in Cyprus for which all the invited persons were not allowed to take part. Mr.Denktash said: “The various embassies are trying to bring the Turkish-Cypriots and Greek-Cypriots artificially together. They don't invite the officials of our state whereas the Greek-Cypriot side is all invited with their titles. If our officials are not invited, no T/C should participate such meetings, those invited should ask this question to themselves and prefer not to go!”
On 7 May
1992 I wrote a letter to Mr.Dervish Eroglou, Prime Minister of the TRNC asking
to re-evaluate the cabinet decision banning my contacts with the G/C's and give
me in one month's time an answer. I enclosed also the copy of the letter I
received from Mr.Leuprecht. I insisted that the so-called cabinet decision is
contrary to the Constitution of the TRNC No. 22 (Freedom of Travel and
Settlement), No.25 (Freedom of Science and Art) and No.24 (Freedom of Thought,
Wording and Expression) I received no answer.
On 29 May 1992 I sent a similar
letter to Mr.Hikmet Chetin, Foreign Minister of Turkey, asking him to take
action since the Turkish Army Corps in Cyprus has a say in granting permission
to the T/C's to cross the Green-line. I received no answer again.
On 17 and 24 May 1992 the G/C Doctors' Committee was invited for the second time to visit the T/C sector. On both cases they were not given permission.
On 26 June 1992, the New Cyprus Association, of which I am a member, invited me to give a conference in Limassol about the degree of acceptance of the idea of “Cypriotism” among the T/C community. I could not get the permission.
On 17 and 24 May 1992 the G/C Doctors' Committee was invited for the second time to visit the T/C sector. On both cases they were not given permission.
On 26 June 1992, the New Cyprus Association, of which I am a member, invited me to give a conference in Limassol about the degree of acceptance of the idea of “Cypriotism” among the T/C community. I could not get the permission.
On 29 June
1992 12 T/C doctors were given permission to participate at a bi-communal UNHCR
medical seminar on neurological diseases and accidents in the G/C sector of
Nicosia. I was the only T/C doctor who could not get the permission from the
authorities to go. I thought that now the T/C leadership and the Turkish
Military Authorities started to harm also my professional development, stopping
me from participating at medical meetings to, let alone political or cultural.
With the help of the International
Association for the Protection of Human Rights in Cyprus, I went to Strasbourg
and put my second complaint (first one was No.18270/91) on 8 September 1992,
this time against Turkey, the occupying military power in the 37% of the
northern part of Cyprus.
On 2 October 1992, there was a reception of the German Embassy in Nicosia on the occasion of the Day of German Unification. I was not given the permission to go there.
On 2 October 1992, there was a reception of the German Embassy in Nicosia on the occasion of the Day of German Unification. I was not given the permission to go there.
On 7 October
1992, the Coordinating Committee of the Movement for an Independent and Federal
Cyprus planned a meeting at the Ledra Palace to review the situation. The T/C
members (I was the T/C coordinator ) were not given the permission to go to the
buffer zone.
On 12 October 1992 the New Cyprus
Association sent a letter to the Secretary of the European Commission of Human
Rights, condemning the infringement of the my human rights, particularly at a
time when discussions were in progress for the reunification of Cyprus.
On 19 October 1992 the US Embassy gave a reception on the occasion of the 30th Anniversary of the Cyprus-American Scholarship Programme and I was invited too. I was not given the permission. What else the civil servants from the TRNC were not given too, but they were not informed beforehand and there was a chaos at the check-point which was reported on 20 October 1992 in Ortam newspaper with the main title “Scandal at the Barricade”. The US Ambassador Mr.Lamb phoned Mr.Denktash to come to the check-point and he came there. Mr.Denktash told that noone knew in this country, who the government was. Since some invited T/C's who worked at the Presidency were allowed to cross as civil servants, the others were allowed too after Mr.Denktash phoned some authorities! This proved once again that there exists no regulations, only arbitrary actions prevail for crossing the Green-line to either side!
On 30 October 1992, there was a bi-communal poetry evening at the Ledra Palace. 10 invited T/C's were allowed to go and I was the only person who could not get the permission.
On 19 October 1992 the US Embassy gave a reception on the occasion of the 30th Anniversary of the Cyprus-American Scholarship Programme and I was invited too. I was not given the permission. What else the civil servants from the TRNC were not given too, but they were not informed beforehand and there was a chaos at the check-point which was reported on 20 October 1992 in Ortam newspaper with the main title “Scandal at the Barricade”. The US Ambassador Mr.Lamb phoned Mr.Denktash to come to the check-point and he came there. Mr.Denktash told that noone knew in this country, who the government was. Since some invited T/C's who worked at the Presidency were allowed to cross as civil servants, the others were allowed too after Mr.Denktash phoned some authorities! This proved once again that there exists no regulations, only arbitrary actions prevail for crossing the Green-line to either side!
On 30 October 1992, there was a bi-communal poetry evening at the Ledra Palace. 10 invited T/C's were allowed to go and I was the only person who could not get the permission.
On 16
November 1992 the Yeni Düzen newspaper reported about the involvement of the
Turkish Army by granting permission to those, who want to cross the Green-line
to the G/C sector or to the buffer-zone.
On 11 January 1993 the T/C Doctors'
Contact Committee (including me) wanted to visit the G/C sector of Nicosia, but
we were not given the permission, although Mr.G.Marcoullis asked for the help
of Mr.Robert Lamb, the US Ambassador and Mr.Paul Kavanagh, Senior Adviser to
the UNFICYP.. (Columnist Kutlu Adalıdenounced this on 23 January 1993 in Yeni
Düzen)
On 11 March 1993 a statement by Hasan Uzun, a worker who was not able to get a permission to work in the southern G/C part of Cyprus, was published in Yeni Düzen with the title “We are faced with double standard”. He applied in 1990 before the General Elections to the Personnel Department of the TRNC to get working-permission in South. He was not given. But in the last three years others could get permission with bribery. He learned that such permissions were granted not anymore by the Military, but by Mr.Prime Minister himself. One has to be a member of the governing National Unity Party before getting such permission. He resisted to do so and he was not given the permission. There was also other workers crossing the Green-line to the G/C South to work illegally without any permission.”
I remembered the proposal of Dr.George Marcoullis, my G/C partner from the Committee for the Cooperation of the Cypriot Medical Professionals formed on 18 December 1989, who gave me the opportunity to be employed by the Hospital where he worked. It was not possible for Mr.Robert Lamb, the US-Ambassador in Nicosia, to secure a working permission for me to work in the G/C sector of Nicosia, whereas hundreds of Turkish Cypriot construction workers were allowed to work in the G/C sector at that time. On 24 April 1993 the Cyprus Weekly reported that according to the British Sovereign Base police chief, Colin Maddock, at Pergamos, there was a T/C controlled gate which permits 300 workers to pass from the North to the South and return every day.
On 11 March 1993 a statement by Hasan Uzun, a worker who was not able to get a permission to work in the southern G/C part of Cyprus, was published in Yeni Düzen with the title “We are faced with double standard”. He applied in 1990 before the General Elections to the Personnel Department of the TRNC to get working-permission in South. He was not given. But in the last three years others could get permission with bribery. He learned that such permissions were granted not anymore by the Military, but by Mr.Prime Minister himself. One has to be a member of the governing National Unity Party before getting such permission. He resisted to do so and he was not given the permission. There was also other workers crossing the Green-line to the G/C South to work illegally without any permission.”
I remembered the proposal of Dr.George Marcoullis, my G/C partner from the Committee for the Cooperation of the Cypriot Medical Professionals formed on 18 December 1989, who gave me the opportunity to be employed by the Hospital where he worked. It was not possible for Mr.Robert Lamb, the US-Ambassador in Nicosia, to secure a working permission for me to work in the G/C sector of Nicosia, whereas hundreds of Turkish Cypriot construction workers were allowed to work in the G/C sector at that time. On 24 April 1993 the Cyprus Weekly reported that according to the British Sovereign Base police chief, Colin Maddock, at Pergamos, there was a T/C controlled gate which permits 300 workers to pass from the North to the South and return every day.
On 26
February 1993, 8 T/C's were given permission to go to the opening of the
Pancyprian Exhibition of ENAZ, but I was not given the permission.
On 2 April 1993 another poetry
evening was organized on the occasion of the Special Issue of the literary
journal “Nea Epochi” for which I was also invited as translator of the poems. 8
persons were given permission and I was not. This was my 94th application since
September 1989 to get permission for having contacts with the G/C friends,
unfortunately I got my 79th negative answer.
I kept on writing in the weekly “Yeni Çağ” newspaper of the New Cyprus Party (NCP) as an independent writer. The NCP continued to criticise the partitionist and non-conciliatory attitude of the T/C leadership and the party building was shot on 11 November 1992.
There was a cultural festival “Peaceful Coexistence”, organized by the UN Association of Cyprus on 28 June 1993, but noone were given the permission to take part.
On 3 October 1993, I was not allowed to go to the Day of German Unity-Reception at the German Embassy in the G/C sector of Nicosia.
With the formation of a new coalition government between the Democrat Party (DP) and the Republican Turkish Party (CTP), there was a slight change of policy for intercommunal contacts. That's why I was able to participate for the first time at a bi-communal UNHCR Seminar on Mental Health. Later I was given the permission to visit the opening of the bi-communal EN-AZ Painting exhibition.
After seeing the relaxation of the policy, I applied on 14 March 1994 for a visit to the G/C sector of Nicosia in order to study the draft National Health Scheme for Cyprus. Unfortunately I was not given the permission again.
I was granted the permission on 18 March 1994 for a conference on “Confidence Building Measures from the Human Rights Point of View”. To my surprise, I was accompanied by a newsreporter from the State News Agency TAK who later published his report of my speech in the Halkın Sesi newspaper of 20 March 1994 under the title “According to Dr.An there is no freedom of speech in the TRNC”. I was complaining of the situation that unless you were a member of a political party, the party newspapers did not publish your articles if it was critical of the T/C leadership. Mr.Rauf Denktash, sent me a letter on 28 March 1994 in which he expressed his opinion on my critical approach for the freedom of speech, saying that if the things I said were true, neither the news about my conference, nor my articles would be published. He was making demagogy as usual and advising me to respect the state and its constitution.
I kept on writing in the weekly “Yeni Çağ” newspaper of the New Cyprus Party (NCP) as an independent writer. The NCP continued to criticise the partitionist and non-conciliatory attitude of the T/C leadership and the party building was shot on 11 November 1992.
There was a cultural festival “Peaceful Coexistence”, organized by the UN Association of Cyprus on 28 June 1993, but noone were given the permission to take part.
On 3 October 1993, I was not allowed to go to the Day of German Unity-Reception at the German Embassy in the G/C sector of Nicosia.
With the formation of a new coalition government between the Democrat Party (DP) and the Republican Turkish Party (CTP), there was a slight change of policy for intercommunal contacts. That's why I was able to participate for the first time at a bi-communal UNHCR Seminar on Mental Health. Later I was given the permission to visit the opening of the bi-communal EN-AZ Painting exhibition.
After seeing the relaxation of the policy, I applied on 14 March 1994 for a visit to the G/C sector of Nicosia in order to study the draft National Health Scheme for Cyprus. Unfortunately I was not given the permission again.
I was granted the permission on 18 March 1994 for a conference on “Confidence Building Measures from the Human Rights Point of View”. To my surprise, I was accompanied by a newsreporter from the State News Agency TAK who later published his report of my speech in the Halkın Sesi newspaper of 20 March 1994 under the title “According to Dr.An there is no freedom of speech in the TRNC”. I was complaining of the situation that unless you were a member of a political party, the party newspapers did not publish your articles if it was critical of the T/C leadership. Mr.Rauf Denktash, sent me a letter on 28 March 1994 in which he expressed his opinion on my critical approach for the freedom of speech, saying that if the things I said were true, neither the news about my conference, nor my articles would be published. He was making demagogy as usual and advising me to respect the state and its constitution.
On 8 April
1994, I was given the permission to be one of the three T/C speakers at a
conference in the G/C sector of Nicosia on Cypriotism, organized by the New
Cyprus Association. The text of my speech was published in the Yeni
Çağnewspaper on 18 April 1994, which made the T/C authorities to cancel my
permission for the 19 April 1994. Only my name was put out of the list of 5
members of our T/C Coordinating Committee of the Movement for an Independent
and Federal Cyprus which we wanted to reorganize.
I wrote on 19 April 1994 an open
letter to the ambassadors of the permanent members of the Security Council of
the UN in Nicosia, strongly protesting this arbitrary action of the T/C leadership,
restricting my freedom of movement and speech in my own country. (Cyprus
Weekly, 13 May 1994)
On the same
day I wrote also to the Foreign Ministry of the TRNC, asking for the reason why
I was not given the permission. One day before the end of one month's duration
for an official answer, I received the letter of Mr.Adli Kumbaracı, the 1st
Secretary, Directorate of the Consular and Minority Affairs of the Ministry of
Foreign Affairs and Defence of the TRNC, dated 18 May 1994. The pretext was given
as follows:
“The necessary permission, asked in
your letter of 19 April 1994, was not given to you, because you make propaganda
against the state and because of the security reason for the interest and
benefit of the public.”
In a second
letter to the ambassadors of the permanent members of the Security Council of
the UN in Nicosia, dated 25 May 1994, I informed them about the given pretext
and the advice of the officials that I was free to talk and write in the TRNC,
but I should not be allowed to go to the G/C sector and criticise their regime
over there. May be that is why I was not given the permission again on 26 April
1994 for a reception on the Day of German Unity at the German Embassy.
On 24 May 1994, I wrote to Mr.Özker
Özgür, the Deputy Prime-Minister, asking if the previous decision of the
cabinet was still in power, since I was not allowed to visit the buffer zone or
the G/C sector of Nicosia. On the same day I also asked the support of the
other two political leaders, Mr.Mustafa Akıncı of the Communal Liberation Party
and Mr.Alpay Durduran, The New Cyprus Party in this respect.
On 5 June
1994 there was a seminar on cardiology, organized by the UNHCR in Limassol.
Again I was the only T/C doctor who was not given the permission, out of 51 doctors.
Another arbitrary restriction of my medical professional development by the T/C
leadership.
On 22 July 1994 our T/C Committee
asked for a permission in order to meet Mr.Gustav Feissel and discuss our
problem of restriction of the freedom of organization, but we were not given
again the permission. I informed Mr.Özgür on 19 July and reminded him of my
last letter, but I received no answer from him.
He wrote two
years later in an article on 18 March 1996 in Yeni Düzen newspaper that he, as
the Deputy Prime Minister then, applied to the Prime Minister in order to learn
the reason why I was not granted the permission. He received no written answer.
He asked the President Denktash also and learned that that particular citizen
(i.e.Ahmet An) criticised the regime in the North when he visited the South.
Did the same citizen not criticise the regime when he was in the North?,
Mr.Özgür asked in his article where he was complaining of not getting the
permission for himself to participate at a reception at the German Embassy
after he was not any more a cabinet member. He finished his article as follows:
“Some citizens go to the South to work. But not every citizen can get
permission to go and work in the South. Why? Is there any law forbidding it? We
were supposed to be a state of law? Why an unemployed citizen could not visit
the South and work there? If he cannot find a job to earn his life, he should
leave the island. Is this not a promotion for the emigration of the local
population?... There is no freedom of travel for getting a job in the South.
You can criticise the regime in the North in which form you want, but if you
tell the same thing in the South, your right to visit the South would be
banned.”
Another negative answer was given on
3 October 1994 for the permission to go to the yet another reception at the
German Embassy on the Day of German Unity.
On 2
February 1995, there was the opening of the 10th Pancyprian Exhibition of the
EN-AZ for which no permission was granted.
Instead of 3 minutes walk, I had to
fly 3330 km via Istanbul and Athens to Larnaca Airport in order to participate
at a conference of the International Association for the Protection of Human
Rights in the G/C sector of Nicosia, on 5-7 May 1995. There, I had the chance
to meet my lawyer, Prof.Malcolm Shaw and some members of the Committee of Human
Rights of the European Council of Europe.
On 16 June
1995, a folklore evening was organized by the Goethe Institute and the French
Cultural Centre. 230 T/C's could get the permission to go to the Ledra Palace,
but I was not given the permission again. One day later, on 17 June 1995, The
United Nations Association of Cyprus organized a cultural event on the occasion
of the 50th anniversary of the UN. 65 T/C's could visit the G/C sector of Nicosia,
but I could not.
On 24 June 1994 there was a meeting
of the New Cyprus Association, celebrating its 20th anniversary. Although I am
a member of the NCA, I could not get the permission to go to this meeting. I
had to send a written message instead.
After
talking with Mr.Gustav Feissel, Special Representative of the Secretary-General
of the UN in Cyprus, I asked for permission from the authorities to meet him at
the Ledra Palace, but there was no positive answer.
On 10 and 11 September 1995 two events
were organized by the AKEL to celebrate the 70th birthday of Mikis Theodorakis.
I was invited to participate, but all the invited T/C's (about 180) were able
to go except I. Again I had to send a message to the organizers and ask for
solidarity for my struggle for freedom of movement and organization. After I
talked with Mr.Adli Kumbaracı, I sent a letter to the Ministry, asking the
reason why I was not granted this permission. I referred to the Article 8
(Equality of the citizens) and Article 76 (The right of getting a written
answer to an application in max. 30 days) of the TRNC Constitution. On the last
day, 11 October 1995, Mr.Özer Koray, Adviser to the Ministry, sent me a letter
dated 10 October 1995, stating that there was nothing to add to the oral answer
(which was “It is not appropriate to give you the permission!”) given to me on
that day.
On 3 October
1995, I was not given the permission to go to the reception of the German
Embassy on the Day of German Unity. The International Association for the
Protection of Human Rights in Cyprus protested this arbitrary act of the T/C
authorities. (See Eleftherotipia, 5.10.1995)
A conference was organized by the
EDEK on 18 October 1995. The speaker was Dr.Sigrid Skarpellis-Sperk, from the
German SPD and the subject was “The experience of German Unification: The
similarities and differences with the situation in Cyprus”. I was not given the
permission to visit the conference.
On 22 October 1995 the UN organized an Open House at the Ledra Palace for the celebrations of its 50th anniversary. 1700 T/C's applied to cross the check-point for this event and all of them (including me) were allowed according to the promise given by Mr.Denktash to the UN. An additional 200 T/C's gave only their identity card numbers and crossed to the buffer-zone to meet around 1,500 G/C compatriots. This was the second time after 1988 (when UNFICYP got the Nobel-Laureate and celebrated with an Open House at the same place) that the ordinary Cypriots could meet with each other.
On 22 October 1995 the UN organized an Open House at the Ledra Palace for the celebrations of its 50th anniversary. 1700 T/C's applied to cross the check-point for this event and all of them (including me) were allowed according to the promise given by Mr.Denktash to the UN. An additional 200 T/C's gave only their identity card numbers and crossed to the buffer-zone to meet around 1,500 G/C compatriots. This was the second time after 1988 (when UNFICYP got the Nobel-Laureate and celebrated with an Open House at the same place) that the ordinary Cypriots could meet with each other.
On 25
October I was allowed once again to go to the Ledra Palace for a panel
discussion on Cyprus-EU with T/C and G/C speakers, organized by the American
Embassy
On 5 December 1995, there was a
photographic exhibition about the late Dr.Ihsan Ali, a critic of the
partitionist policies of the T/C leadership. I was not given the permission to
go to the G/C sector of Nicosia.
On 2
February 1996, I, together with 21 T/C's, were not allowed to go to the opening
of a joint exhibition of the T/C and G/C cartoonists and painters. We organized
on the same day a protest demonstration at the Ledra-Palace check-point. Our
application to get a permission for the closure of the exhibition on 12
February 1996 was rejected too.
I was invited to address a
NEDI-SY(Youth Organization of Democratic Rally) Seminar on “The Price for Peace
and Stability in the Eastern Mediterranean”which was organized in cooperation
with the Democrat Youth Community of Europe in Nicosia between 7 and 10 March
1996. I was not given the permission.
On the
morning of 10 March 1996 I found a letter of threat under the door of my
practice. My name on the envelope was written in red ink. The English
translation of this letter is as follows:
“Hey Ahmet Djavit An
Have you
ever thought for whose interests you serve by defending the view that the
Turkish Army is an occupier in CYPRUS?
- Have you ever thought what could
happen if the Turkish Army withdraws under the existing circumstances?
- Do the
Greek-Cypriots have very good intentions? Have they opened their arms for us
and do they want to share CYPRUS with us and is this being obstructed by the Turkish
Army?
- Or was CYPRUS an island of
happiness and according to you, did the Turkish Army make it bad by dividing
it?
Give sincere
answers to these questions! Make a good account, for whose interests you serve
with your speeches! Because this people can not endure any more those, who,
like you, want to risk its future.
The views and proposals, which can
endanger the security of a people cannot be tolerated in nowhere around the
world. Don't try in vain, you cannot let the rivers run upwards, but you can
easily get drowned in that river!
Make a good
analysis of the realities of the world and CYPRUS! From now on, try to voice
the views which are in accordance with the expectations of our community.
Otherwise the patience of this people is not limitless.
Do not prepare your end yourself
with your such behaviour!
A Group of
Patriots”
I went on the morning of 11 March
1996 to the Nicosia Turkish Police Station to make a complaint. Later I phoned
UNFICYP-Spokesman to have a contact with me. An officer visited me and took a
letter of mine to the International Association for the Protection of Human
Rights in Cyprus. The full text of the letter was published only in Ortam
newspaper, dated 12 March 1996. The last time I spoke publicly about the
Turkish “occupation army” was on 6 February 1996 during a panel discussion of
the University Youth. I was criticising the mainland Turkish speaker who did
not mention about the army and the settlers as our main problem. Why after one
month this letter was sent, I could not explain. There was no comment on that
evening about my remark.
On 24 April 1996 I, together with other cartoonist friends, were not given the permission to go to the opening of the Pancypriot Cartoon Exhibition.
On 24 April 1996 I, together with other cartoonist friends, were not given the permission to go to the opening of the Pancypriot Cartoon Exhibition.
On 9 May
1996 a reception was organized by the EU Delegation in Cyprus on the 46th
anniversary of the Schumann Declaration. All the invited people were not
allowed to go.
On 8 June 1996 there was a jazz
concert at the Ledra Palace organized by the French Embassy. All the invited
people could go except me.
I was
shocked to hear the news that on the evening of 6 July 1996 Mr.Kutlu Adalı, a
very close friend of mine, columnist of the Yeni Düzen daily, was murdered by
“unknown persons”. He was an active member of our Movement for an Independent
and Federal Cyprus and used to criticise the partitionist policies of the T/C
leadership. This was the first political murder after the twin murder of the
oppositional advocates and journalists Ahmet Muzaffer Gürkan and Ayhan Hikmet
in April 1962 in the T/C sector of Nicosia. Mrs.Ilkay Adalıapplied already to
the Commission of Human Rights of the European Council about the murder of her
husband.
In the same month I published my
first book about the “Stormy Years in Cyprus (1942-1962)” in which a lot of
documents were included about the terror of the T/C underground organization
“TMT”. The T/C leadership was stirred by the documents I published in my book,
but it could not dare to put a ban on the distribution of my book in the
aftermath of the murder of Mr.Adalı. Instead Mr.Denktash put pressure on the
editor of the “Kıbrıslı”, an illustrated monthly where I wrote, not to publish
my articles. But the editor, who was an adviser to Mr.Denktash and a left-wing
nationalist, supported my freedom of thought and resisted to abide. But after
this I preferred to write more on historical than political subjects.
On 3 October
1996, there was a reception of the German Embassy on the Day of German
Unification which I could not join. One year later again on 3 October 1997, no
permission was granted to visit the reception of the German Embassy.
On 13 December 1997, I was not given
once again the permission to participate at the annual General Assembly of the
New Cyprus Association that I am a member of. That was the case again on 22
January 1998 and 22 February 1999 when the annual Pancyprian Exhibition of T/C
and G/C cartoonists and painters took place.
As a last
application, I applied on 14 October 1999 to get a permission for the seminar
on 16 October of the International Association for the Protection of Human
Rights in Cyprus: “50 Years of the Council of Europe-Achievements and Prospects
in the Field of Human Rights”. The answer was again negative. I was told on the
phone on 15 October at 11.00 o'clock that because of the policy of the state,
noone was supposed to be given permission to visit the South.
I told that I was going to report
this to Strasbourg and I need to get a written answer from them and that I was
supposed to meet people from the Human Rights Commission in Limassol. Most
probably they evaluated this information and I had a telephone call in the
afternoon at 16.10 o'clock. The same official (Mr.Mustafa Davulcu) asked me to
write him a letter and telling with whom I was going to meet. I refused to do
so and reminded him that I already gave an application on the 14th and I should
wait a written answer to this letter getting the reason why I was not given the
permission.
I learned on the morning of 16 October, Saturday, that the Department was busy in the evening, trying to find the other three persons from Famagusta who asked for the permission to go to Limassol and already got negative answer before I gave my application. They were informed at 23.00 o'clock in the evening that they were granted the permission. The official could not reach me in the evening, because I gave the telephone number of my clinic. When I came to my clinic at 9 o'clock in the morning of 16 October, the telephone was ringing to inform me that the permission was granted to me too. It seems that the officials were embarrassed from my threat that I should report this arbitrary act to Strasbourg.
On the other hand, there was a report in Kıbrıs newspaper dated 13 October 1999 that a patient was sent to the Nicosia General Hospital on 12 October for a diagnosis through the computer tomography there since the one in the north was in repair. Again on 16 October 1999 the two political parties Patriotic Union Movement (YBH) from the T/C side and the communist party AKEL from the G/C side were supposed to meet in Pyla for signing a communique on a friendship and cooperation. On 16 October again, my publisher was given permission to visit the G/C sector of Nicosia in order to hand over the Turkish translation of the book “Common Homeland” to its G/C writer at a press conference. I had written the preface to the Turkish edition and the idea to publish this book was put forward during the meetings of the “Hade”editorial board in Pyla. It is noteworthy that the writer, Plutis Servas, a 93 years old veteran communist, was critical of the policies of the G/C leadership and my publisher got the personal support of Mr.Denktash in getting the permission by giving him a copy of the book!
I learned on the morning of 16 October, Saturday, that the Department was busy in the evening, trying to find the other three persons from Famagusta who asked for the permission to go to Limassol and already got negative answer before I gave my application. They were informed at 23.00 o'clock in the evening that they were granted the permission. The official could not reach me in the evening, because I gave the telephone number of my clinic. When I came to my clinic at 9 o'clock in the morning of 16 October, the telephone was ringing to inform me that the permission was granted to me too. It seems that the officials were embarrassed from my threat that I should report this arbitrary act to Strasbourg.
On the other hand, there was a report in Kıbrıs newspaper dated 13 October 1999 that a patient was sent to the Nicosia General Hospital on 12 October for a diagnosis through the computer tomography there since the one in the north was in repair. Again on 16 October 1999 the two political parties Patriotic Union Movement (YBH) from the T/C side and the communist party AKEL from the G/C side were supposed to meet in Pyla for signing a communique on a friendship and cooperation. On 16 October again, my publisher was given permission to visit the G/C sector of Nicosia in order to hand over the Turkish translation of the book “Common Homeland” to its G/C writer at a press conference. I had written the preface to the Turkish edition and the idea to publish this book was put forward during the meetings of the “Hade”editorial board in Pyla. It is noteworthy that the writer, Plutis Servas, a 93 years old veteran communist, was critical of the policies of the G/C leadership and my publisher got the personal support of Mr.Denktash in getting the permission by giving him a copy of the book!
I and my
three other human rights activist friends were very happy to be able to
participate at the seminar in Limassol. I had the chance to meet very important
persons there and inform them about the difficulties we have in the occupied
northern part of Cyprus.
***************
On the other hand the US Embassy in Nicosia was active since 1992 with the formation of new bi-communal groups which would work with the so-called methods of “conflict resolution”(=CR) and seek a solution to the Cyprus problem in accordance with Pax Americana. But it was very interesting to observe that almost all the participants from the T/C side were pro-Denktash. Mr.Ergün Olgun, an adviser to Mr.Denktash, was one of the speakers on the so-called Oxford (1993) Meeting of the bi-communal CR-group. He answered a question of mine that our Movement for an Independent and Federal Cyprus was not successful (sic!)and that's why their group was formed!”
On the other hand the US Embassy in Nicosia was active since 1992 with the formation of new bi-communal groups which would work with the so-called methods of “conflict resolution”(=CR) and seek a solution to the Cyprus problem in accordance with Pax Americana. But it was very interesting to observe that almost all the participants from the T/C side were pro-Denktash. Mr.Ergün Olgun, an adviser to Mr.Denktash, was one of the speakers on the so-called Oxford (1993) Meeting of the bi-communal CR-group. He answered a question of mine that our Movement for an Independent and Federal Cyprus was not successful (sic!)and that's why their group was formed!”
At first
Mr.Denktash was critical about these CR meetings and he wanted that the
participants would defend the official Cyprus policy of the T/C leadership and
report to the T/C authorities about the discussions there. He spoke on the
BRT-TV on the evening of 15 December 1995 disclosing that he has placed his men
in these groups who would report him back.
On 26 May 1997 the Kıbrıs newspaper
reported that since 1991, when the CR activities started, 300 from each side, a
total of 600 persons were involved in the CR projects.
After the
Luxembourg declaration of the EU on Cyprus, the T/C authorities put a ban on
all bi-communal activities in the buffer zone or in South starting on 27
December 1997. On the same day, it was announced that permission would be given
for the meetings in Pyla, a village in the British Sovereign Base Area. It is
not allowed to go outside the village Pyla. Several T/C people were sentenced
to prison or made to pay money for the offence of visiting Larnaca or the other
parts of the government controlled area.
On 25 March 1998 the 4 T/C members
of the so-called “Brussels Women's Group”, one of the bi-communal CR groups,
were stopped at the Ercan airport and were not allowed to participate at a
meeting of the women's trade unionists. The four civil servants later opened 7
administrative and 4 legal cases against the authorities of the TRNC which are
still all pending. (Kıbrıs, 4 June 1998)
Mr.Rauf
Denktash gave a statement that the freedom of the civil servants should be
restricted and new legal regulations should be made. He was talking to the
members of the “Brussels Women's Group” who visited him yesterday. he went on
saying: “There is a decision of the government, be it right or wrong. What is
it? These bi-communal contacts should stop. Why? Because whenever these
trade-unionists, women meet, they publish a communique, showing to the world
that they can live peacefully together. These people want to prove and give the
impression that the TRNC is not influential, the government thinks different
than the people. Yes, it is your right to travel abroad. But what I want from
my people is that they should say “It is not the right of a civil servant to
participate at such meetings without getting permission from their officials.”This
is a consequence of being a civil servant.”
Mr.Denktash told that the case was
in the court and he did not want to influence it, but he felt himself forced to
tell his opinion. If the government thinks that it is essential, a law can be
passed to this effect and state that “for such reasons one cannot leave the
island, because these events can harm the right of being a state.” He concluded
that what he wanted was to show the people who send these invitations that the
decisions of the government can be put into power.” (Kıbrıs, 16.6.1998)
***************
On 7 May 1998 the Radikal newspaper
of Istanbul reported in a column by Turgut Tarhanlı that in the draft law of
punishment, there was an article No.359 under the title “action against the national
interest”.
According to
this article, an offence could be punished more if “the withdrawal of the
Turkish troops from Cyprus” or “the acceptance of a way of a solution against
the interests of Turkey” was propagated either in the press or on the broadcast.”
****************
Starting from 26 December 1998 I visited several times the Plya village where the editorial board of the bi-communal magazine “Hade” met. On two occasions I, together with other members of the board were kept waiting and our personal belongings were examined. On 29 May 1999 we had to wait for two hours and on 11 September 1999 for half an hour until the written material and notes we had were examined and reported to the headquarters.
I heard from a friend that Mr.Ergün Olgun, the personal secretary of Mr.Rauf Denktash, did not like the contents of the “Hade” magazine issue No.2 which came out in September 1999. Some articles in it (e.g. my article) are very critical of the separatist policy of the T/C leadership. The “Hade” was originally a CR project which later was taken over by left-wing people from both sides. The T/C leadership is trying to find a way to ban it in the North, but they are afraid that we shall protest in the EU and at the UN. The magazine is printed in the South and was brought to the North through the American Embassy. The authorities decided to ask for the VAT from the bookshop which sells it. But it I did not work, because it sold without any profit with a solidarity price.
Starting from 26 December 1998 I visited several times the Plya village where the editorial board of the bi-communal magazine “Hade” met. On two occasions I, together with other members of the board were kept waiting and our personal belongings were examined. On 29 May 1999 we had to wait for two hours and on 11 September 1999 for half an hour until the written material and notes we had were examined and reported to the headquarters.
I heard from a friend that Mr.Ergün Olgun, the personal secretary of Mr.Rauf Denktash, did not like the contents of the “Hade” magazine issue No.2 which came out in September 1999. Some articles in it (e.g. my article) are very critical of the separatist policy of the T/C leadership. The “Hade” was originally a CR project which later was taken over by left-wing people from both sides. The T/C leadership is trying to find a way to ban it in the North, but they are afraid that we shall protest in the EU and at the UN. The magazine is printed in the South and was brought to the North through the American Embassy. The authorities decided to ask for the VAT from the bookshop which sells it. But it I did not work, because it sold without any profit with a solidarity price.
****************
M.-Therese Schoepfer, Secretary to
the European Commission of Human Rights informed me with a letter dated 3 June
1999 that she received my “Declaration of Applicant's Means” and copies of
these documents had been transmitted to the Government for comments. On 9 June 1999
I read in the local newspaper “Yeni Demokrat” the following comment by Mr.Rauf
Denktash under the title :”There are people who make our stomachs upset”:
“Nowadays who has a headache says “I shall go to the Human Rights Court. How could you go? How could you declare that you do not recognise the TRNC and that you say “I am a citizen of the republic of Cyprus” and then you apply. To whom do you apply?
The lawyers of the Greek-Cypriots take you there, they give the money and you continue these cases by accusing Turkey. Among us there are such kind of people now. They are one or two, but these one or two make our stomachs upset. Because the Greek-Cypriots use them.”
“Nowadays who has a headache says “I shall go to the Human Rights Court. How could you go? How could you declare that you do not recognise the TRNC and that you say “I am a citizen of the republic of Cyprus” and then you apply. To whom do you apply?
The lawyers of the Greek-Cypriots take you there, they give the money and you continue these cases by accusing Turkey. Among us there are such kind of people now. They are one or two, but these one or two make our stomachs upset. Because the Greek-Cypriots use them.”
******************************************************************************
* Why I did not apply to the local
courts?
I did not
apply to the local courts for my case, because I do not trust the legal system
in the occupied areas of Cyprus. First you have to find a democratic-minded
advocate, who can defend your case freely, without any limitation or fear,
which he or she could have, when the case is against the military regime.
When I, in the name of the
Turkish-Cypriot Committee of the Bi-Communal Movement for an Independent and
Federal Cyprus, made my first complaint to the European Commission of Human
Rights on 13 May 1991, (Application No.18270/91), our advocate was Mr.Ergin
Ulunay, a democratic lawyer practising in Nicosia. In the decision of the
Commission, dated 8 October 1991, the following facts were summarised under the
title “Relevant domestic law and practice”:
“The applicants further observe that the entry-exit point at the Ledra
palace Gate is within “the first Degree Militarily Prohibited Region”.
Therefore the military authorities “have a say in granting the permits for
crossing over...The Turkish Cypriot Military, Security and Police Authorities
are in practice under the command of Cyprus-Turkish Peace Keeping Force of Turkey
which is stationed in Northern Cyprus.
The possibility of getting local
redress in Northern Cyprus is uncertain because the Turkish Cypriot Courts are
likely to treat the freedom of movement from Northern to Southern Cyprus or
vice versa as a political matter not judicially reviewable and therefore will
decline to assume jurisdiction, their decision will not be binding on the
military authorities of Turkey.”
Whereas we
were complaining against the Turkish Cypriot authorities of the Republic of
Cyprus, the Commission had found that the Government of the Republic of Cyprus
could not be held responsible for the acts of Turkish Cypriot authorities in
the north of Cyprus, because the Government of the Republic of Cyprus had since
1974 been prevented from exercising their jurisdiction in the north of the
island and this restriction on the exercise of jurisdiction...was due to the
presence of Turkish armed forces. (Human Rights Law Journal, Vol.13, No.4,
p.153)
When our press release was printed
in the local press that we applied to the Commission, one of the local
newspapers, Vatan daily, very near to Mr.Denktash, put its main title (most
probably written by Mr.Rauf Denktash himself) on 25 May 1991 as “Big Scandal”,
because we were naming the responsible as “the Turkish Cypriot authorities of
the Republic of Cyprus” instead of “Turkish Republic of Northern Cyprus-TRNC
authorities”. It followed: “This definition perhaps is a crime according to our
laws. If it is not, it should be. The parliament has to move immediately and
make a law which can obstruct this scandal. Also a label has to be hanged at
our Entry Gates, stating “Those, who do not recognise the TRNC, cannot pass
through this gate”. There was also a little statement from our lawyer who was
asked about this application, saying: “I will not make any comment or statement
since this application has a legal and political aspect.”
After the
decision was received in October 1991, Mr.Ergin Ulunay informed me that he was
about to be expelled from the Nicosia Bar Council, wenn his attitude to the
TRNC (naming it in the application as the “Turkish Cypriot authorities of the
Republic of Cyprus”) was put in front of the “Disciplinary Committee of the
Bar. Thank God the decision was 4 to 3 and no disciplinary action was taken
against him. He was very embarrassed during those days and later he advised me
not to act against Turkey or against the military authorities. He was also
informed that our first application to Strasbourg was opened at the Post Office
and it was translated into Turkish by the military authorities!
* The advocates in the occupied
north of Cyprus are not free when practising their profession as I gather from
a report in one of the local newspapers, Kıbrıs, dated 13 and 14.3.1992: “One
of the judges of the Supreme Court, Mr.Metin A.Hakkı, ruled that an appeal
against the decision of the Court about a fraud of a big bank allegedly
reaching a billion Turkish pounds and he later told this: “Those who lost their
first cases at the court should not appeal and misuse the legal system. If they
do so, they can be confronted with various precautions like paying all the
expenses. I warn them.”
Among other
advocates who opposed this statement was Mr.Ergin Ulunay: “To appeal is a
right...There is no advocate in the world who is under threat of being punished
if he or she appeals. This opinion of the Supreme Court is anachronistic and
against the constitution.”
* A statement of an ex-Minister and
a retired judge of the Supreme Court, Mr.Orhan Zihni Bilgehan: “The court and
the civil servants of the TRNC are falling into decay. Is there a state in
which the rule of law prevails? All the courts and the judges are going to
pieces.” (Kıbrıs, 14.4.1992)
* Mr.Ergün
Vehbi, a MP of the Social Democrat Party, spoke at the Parliament: “I allege
that noone trusts the judiciary in this country. There a need to form a
mechanism which will monitor the judges, state-attorneys and those advocates
who sell their cases.” (Halkın Sesi, 13.12.1991)
* Chairman of the Supreme Court,
Mr.Salih Dayıoğlu: “Justice works by us a little bit slow (a case lasts 1.3
years). We are trying to reduce this time to 7-8 months.” (Interviews published
in Halkın Sesi, 16 and 28.6.1993 and Ortam, 18.3.1996)
* Goods,
which were supposed to be protected by the decision of the court, were stolen from
the government's depot- (Newsitem from Halkın Sesi, 27.10.1994)
* The law profession is being
conducted under the British Colonial Laws which are made many years ago. The
Turkish Cypriot lawyers and advocates have been trying to have a modern law for
their profession, but they are not able to have one. The parliament has not
passed until now such a new law. The general assembly of the Union of Bar
Councils of the TRNC had to be postponed on 25 February 1997 to 4 March 1997.
But noone attended the general assembly on that day out of protest that there
is no modern law regulating the profession. The legal existence of the Union of
the Bar Councils of the TRNC has ended on 4 March 1997. (Kıbrıs, 5.3.1997)
* On 16
September 1999 when the Judicial Year started with a ceremony, Mr.Salih
Dayıoğlu, Head of the Supreme Court of the TRNC told in his speech that it
takes 2 to 3 weeks to communicate a case and 3 to 4 years to conclude a case.
Mr.Ertuğrul Hasipoğlu, the speaker of the House, told that sometimes the
opinion of the Attorney-General and his deputy can be different and the House
was put into a dilemma. (Yeni Demokrat, 17.9.1999)
No comments:
Post a Comment