missing persons in cyprus

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INKWELLS DESPINA FERENTINOU A THEOCRATIC GREEK CIRCLE PRESENT IN CYPRUS. THE CHURCH SELECTION OF A STATE LEADER COMMITTED TO THE TRUTH OF CHRIST. THE LACK OF SOLOMON’S WISDOM IN THE POLITICAL CRAFTING OF TERRITORIAL OCCUPIERS AND FOREIGN INTERVENTION. 1 Friday, May 13, 2022

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Page 1: MISSING PERSONS IN CYPRUS

INKWELLS DESPINA FERENTINOU

A THEOCRATIC GREEK CIRCLE PRESENT IN CYPRUS. THE CHURCH SELECTION OF A STATE LEADER COMMITTED TO THE TRUTH OF CHRIST. THE LACK OF SOLOMON’S WISDOM IN THE

POLITICAL CRAFTING OF TERRITORIAL OCCUPIERS AND FOREIGN INTERVENTION.

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House Of Lords London 2014

http://www.parliamentlive.tv/Event/Index/0211d8f5-a15b-4994-ad62-0f0b570dd8ec House of Lords Lord Northbrook 6:45pm,Tuesday 15 July 2014: Meeting started at 2.36pm, ended 8.09pm Adding the public opinion analysis in the process –supervised by the community

leaders- group of experts- : adding a human prospective in the process- information on a regular basis : providing facilitation in drafting: UN special adviser- UN Specialist advisor to the Secretary General.

Thought of 6 sub problems: Segments: Security-property- residence rights-settlers- legal status -power sharing.

Equal and analogues fair and ethical sharing and distribution of economic resources: Public opinion that Archbishop Makarios represented.

https://hansard.parliament.uk/Lords/2014-07-15/debates/14071567000154/Cyprus#contribution-14071567000038 Lord Northbrook

 To ask Her Majesty’s Government what assessment they have made of the impact of a successful conclusion to current negotiations on the future of Cyprus on the people of Cyprus and on regional stability.

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House Of Lords: Lord Northbrook 6:45pm,15th July 2014 I

“...I cannot see what real progress has been achieved. What do the UK Government intend to do to encourage the Greek Cypriot side to accept the previously reached convergences so that the negotiations can move forward at a more reasonable pace? What is being done to speed up the process of appointing a new UN special adviser to the Secretary General  on Cyprus, which may also bring a new sense of urgency to the talks?

One of the key factors over the years in preventing a settlement has been the failure of the traditional top-down approach of the talks. According to a paper from Alexandros Lordos, research director for Cyprus 2015, one of the key arguments for the failure is that the Cypriot public are not involved in the peace process. Lordos states that there had been an opportunity to add public opinion analysis to the Annan negotiating process. Specifically, Professor Colin Irwin from Ireland was asked in 1998 if he could assist with such a programme. In that year he made a presentation of his Northern Ireland  work to the Greek-Turkish forum in Istanbul and explained how it was used to build a consensus around the Belfast agreement. The forum subsequently decided that it would like to undertake a similar programme of research in Cyprus. Although the Greek Cypriot negotiators wanted to go ahead with a poll, the Turkish Cypriot Government did not. In the end, no polls were undertaken and without the benefits of an effective programme of public diplomacy both the negotiations and the subsequent referendum failed.”

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House Of Lords: Lord Northbrook 6:45 pm,15th July 2014 II

“Lord Northbrook analyses how a public diplomacy approach would work in practice: First, the UN would step right back and be responsible for providing facilitation rather than

drafting services, while groups of Cypriots would be responsible for drafting the peace plan. Secondly, the process would be overseen, supervised and guided by leaders of the two

communities—but without being limited, as at present, to the leaders of the two communities.

Thirdly, groups of experts would play a role, including civic society. However, an equally important part would be played by groups of society representatives —women, trade unions, commerce boards and refugees, for instance—who would add a human face and human perspective to the process.

Fourthly, the negotiating teams would have at their disposal reliable public opinion information on a regular basis. This would provide feedback on the public acceptability of the various alternative solutions that the negotiators would be considering.

Fifthly, external actors such as Greece and Turkey would not have direct access to the drafting process, while other non-invasive and respectful ways should be found for their constructive input to be considered...”

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House Of Lords:Lord Harrison (Lab) 15th July 2014 6.56 pm

“...“Hope springs eternal” . I am a passionate pro-European—my sorrow that the European Union made such a major blunder in allowing in the island of Cyprus without ensuring that both north and south were reconciled.

Regarding the United Kingdom, what are we going to do with the British bases? Will they form part of any settlement?

Secondly, given the very strong communities in north London, what can be done in our own country to encourage better understanding of the problems on both sides?

The noble Lord, Lord Northbrook, also pointed to the concern about water and the environment. 

The United Kingdom should get stuck in to ensure that we promote opportunities to find a fair settlement for all concerned on the island of Cyprus...”

https://hansard.parliament.uk/search/MemberContributions?house=Lords&memberId=2488

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House Of Lords:Lord Sharkley (LD) 15th July 2014 7.05 pm

“..I declare an interest as chair of the All-Party Group for the Turkish Republic of Northern Cyprus. ( ...for the Minority Community Meetings?)

As both previous speakers have said, negotiations for reunification have been going on for more than 40 years. For many of those years nothing much seemed to happen. When it did happen, as with the Annan plan, it did not work. 

I understand that the former UN Under-Secretary-General Lynn Pascoe is the person favoured by Ban Ki-moon. Mr Pascoe was previously US ambassador to Malaysia and to Indonesia; he was the US special negotiator for Nagorno-Karabakh and  served five years in the UN Department of Political Affairs, where he was actively involved in the Cyprus problem. Yet I understand that his appointment is meeting resistance from the Greek Cypriots.

There is also the growing complexity surrounding hydrocarbon exploitation. A further factor driving the need for an urgent solution is, of course, the

increasingly chaotic, unstable and violent situation in the eastern Mediterranean as a whole. ..” Lord Sharkey (LD)

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House Of Lords 15th July 2014

Lord Maginnis Of Drumglass (IndUU)  7.11 pm “...It is important to know what really happened in Cyprus...” Lord Maginnis of Drumglass (Ind UU) Lord Balfe (Con) 7.20 pm “...At that point, the leaders of the Greek community knew that it was very safe to vote no, and

of course they immediately went out to encourage the vote against the Annan plan... I was in Cyprus at the time of the referendum and it was very easy, and I am afraid rather sad, to

see what was going on. The reality of a settlement is an objective called money, which we often overlook. ..” Lord Balfe (Con) Baroness Hussein-Ece(LD) 7.28 pm “...the problems did not start in 1974. ..Although many Cypriots want a peace deal and to be

able to live their lives with dignity, hope, security and equality—for all communities—there are still terrific challenges and obstacles to overcome, the greatest being apathy and the lack of belief that it will ever happen...”

Baroness Hussein-Ece (LD)  

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House Of Lords: Lord Hannay of Chiswick

Lord Hannay of Chiswick (CB)  7.36 pm “My Lords, being the final Back-Bench speaker in a debate, it is always a

little tempting to refer to those who have preceded you. I will try to resist that temptation other than to say to my noble friend

Lord Maginnis, whose views I do not entirely share, that as I listened to him launch into his narrative, I closed my eyes and I thought I was back in Rauf Denktas’s office, the former district commissioner’s office in Nicosia, where if you could hear anything above the budgerigars that used to tweet around that office, he would give you that narrative. The only two differences are that his version lasted for 40 minutes—

After all, no one has yet lost money betting against a Cyprus settlement.  The Greek Cypriot economy was riding high in the run-up to EU

accession. ..”

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House of Lords:Lord Wood of Anfield (Lab)

Lord Wood of Anfield (Lab)   7.44 pm“...My Lords, I too thank the noble Lord, Lord Northbrook, for this debate. For 40 years we

have seen moments of opportunity come and go but very little progress towards a settlement in Cyprus.

The people of Cyprus deserve a settlement to bring stability, peace, settlement of long-standing grievances and issues, and the possibility of prosperity. The failure to achieve a settlement in Cyprus, however, also undermines the search for security in a crucial region that is a hinge between Europe and the Middle East. Instability in Cyprus continues to affect the function of the European Union and the ability of the European Union to co-operate effectively with NATO.

We are committed to a just and lasting settlement for the whole of Cyprus. Cyprus’s population is about 800,000, of whom 80% are Greek Cypriots and about 11%

Turkish Cypriots, but, despite this numerical asymmetry, any just settlement must be based on the principle of equality of treatment of the two communities.

Britain took administrative control of Cyprus after the Congress of Berlin in 1878—a Disraeli special—and declared Cyprus a British colony in 1915. Under the terms of the 1960 treaty, we remain one of three guarantor powers...”

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 House of Lords London London 14th July 2014 7.54 pm

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con)

“...I am aware that today is the 40th anniversary of the coup. The difficult events of the summer of 1974 continue to cast a long shadow over Cyprus.

This is a moment also to remember all those Cypriots who have been victims of violence since independence. At the time, British military intervention was seen as contradicting the long-standing UK policy of pursuing a peaceful settlement of the dispute by means of negotiations between the parties under the aegis of the UN.

This Government’s focus is on supporting the reunification of Cyprus. If Noble Lords want to examine the UK’s policy at the time, I refer them to the report of the House of Commons Select Committee on Cyprus which was published in 1976. In response to my noble friend Lord Balfe, I can confirm that the Government’s position has not changed and we do not recognise the so-called Turkish Republic of Northern Cyprus.

The previous special adviser, Alexander Downer, who was referred to in this debate, has made great efforts during the past six years to help the parties reach a solution...

Her Majesty’s Government have also co-funded, with the United Nations, an initiative to promote the involvement of civic and business leaders in the talks. We also maintain good relations with a wide spectrum of Cypriot society and with the diaspora in London. Faith groups, too, have given their backing to the current talks and our High Commissioner in Cyprus attended the landmark Good Friday Church service in Famagusta....”

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 House of Lords London London 14th July 2014

Baroness Warsi  We hope that the settlement will ensure that there is a united Cyprus.  The UK Court of Appeal has confirmed that direct flights from the UK to the northern part of

Cyprus would breach our obligations under international law. The court found that it was for the Republic of Cyprus to determine which airports are open to international traffic, and as a result no airlines are licensed to operate flights from the UK direct to the north of Cyprus. .

The Noble Lord, Lord Wood, asked about an international conference. The UK stands ready to participate in such a conference once the parties have reached a greater level of convergence on the core issues of the settlement process. He also asked about the constitutional reform process. Again, we stand ready to respond to a request from either of the parties for technical advice on constitutional issues or to do anything to support the settlement process.

A unified Cyprus could well become a role model of intercommunity harmony—one of peace and prosperity founded on deepening relationships with its neighbours.

The benefits of a solution, whether political, economic, social or in terms of security, are clear. House adjourned at 8.08 pm.

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Crimes against Humanity:Genocide (1948) and Apartheid (1973)

https://www.youtube.com/watch?v=SFw1KTEoplk The Green Line – Cyprus............................ Published on May 15, 2012 A Compass Films Production for Channel Four in the UK, 1985. The history of Cyprus as described

by UK-based Greek and Turkish Cypriots to mark the tenth anniversary after the Turkish invasion of the island in 1974 following the coup by the Greek military Junta.

Convention on the Prevention and Suppression of the Crime of Genocide (1948) http://www.ohchr.org/EN/ProfessionalInterest/Pages/CrimeOfGenocide.aspx International Convention on the Suppression and Punishment of the Crime of Apartheid (1973) “That the Apartheid Convention is intended to apply to situations other than

South Africa is confirmed by its endorsement in a wider context in instruments adopted before and after the fall of apartheid.”  http://legal.un.org/avl/ha/cspca/cspca.html

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Greek Refugees and Missing Persons

https://www.youtube.com/watch?v=ILG3fuWq_h4 Greek refugees of the 1974 Cyprus conflict - DocumentaryPublished on Sep 17,

2014

An often dramatic documentary showing the experiences of Greek refugees during the 1974 Cyprus conflict.

Greek Cypriot Children after turkish invasion (1974) https://www.youtube.com/watch?v=4v1AgAUO0ko Uploaded on Jul 9, 2011 Ελληνόπουλα μιλάνε για την εισβολή των Τούρκων(1974)-Greek Cypriots

children refugees talking about the Turkish illegal invasion taking their homes.

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Greek Cypriots demonstrations for Enosis  -Greek union with Greece in1930...

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The Committee of Missing Persons in Cyprus (EU)

http://www.cmp-cyprus.org/  From 1974-1977, a number of inter-communal meetings on the problem of the missing persons

were held but made no significant progress. Between 1977 and 1981, negotiations took place in Nicosia, Geneva and New York for the establishment of a Committee on Missing Persons in Cyprus (CMP). Between 1975 and 1978 the UN General Assembly (GA) adopted three different resolutions on the missing persons in Cyprus, calling for the establishment of an investigatory body to tackle this humanitarian problem. Subsequently, the GA adopted two additional resolutions in 1981 and 1982, respectively, welcoming the establishment of the CMP and urging the CMP to proceed without delay in carrying out its mandate.

The CMP was established in April 1981 by agreement between the Greek Cypriot and Turkish Cypriot communities under the auspices of the United Nations. Over the next two decades, work on both sides focused on conducting investigations to establish the fate of the missing and negotiate a common official list of all those who disappeared. Blood samples were collected from relatives to aid future identifications.

In 1997, the leaders of the two communities agreed to provide each other immediately and simultaneously all information already at their disposal on the location of graves of Greek Cypriot and Turkish Cypriot missing persons.

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The Objectives of the Committee of Missing Persons

The primary objective of the CMP is to return the remains of missing persons to their families in order to arrange for a proper burial and close a long period of anguish and uncertainty. Most Cypriot families have been directly or indirectly affected and it is hoped that the healing of old wounds will in turn favour the overall process of reconciliation between both communities. To this end, the project is of a bi-communal nature with teams of Greek Cypriot and Turkish Cypriot scientists involved at every stage of the exhumation and identification processes.

The project includes an Archaeological Phase (Phase I), related to the exhumation of the remains of missing persons, an Anthropological Phase (Phase II), related to the analysis of the recovered remains at the CMP Anthropological Laboratory, and a Genetic Phase (Phase III), related to the DNA identification process. In the final phase, Identification and Return of Remains (Phase IV), the information obtained in all previous phases is reconciled and a formal identification is made. This is followed by the return of the identified remains to their families, usually accompanied by efforts to help the families cope with the difficult task of coming to terms with their loss.

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Press Releases:The Missing Persons

CMP initiates archival research (en) Jul 28, 2016 (Nicosia, 28 July 2016) Faced with increasing difficulties to locate additional human remains, the

CMP urgently needs to broaden efforts to obtain information that may lead to the discovery of burial sites. 

European Parliament President Martin Schulz visits the CMP Laboratory (en) Mar 29, 2016 (Nicosia, 29 March 2016) Today, the President of the European Parliament, Mr. Martin Schulz,

visited the CMP anthropological laboratory and met with CMP Members and the Committee’s Greek and Turkish Cypriot scientists. 

Burial site containing multiple human remains in a military area (en) (el) (tr) Sep 01, 2015 Nicosia, 1 September 2015 - Today a CMP excavation team discovered a burial site containing

multiple human remains in a military area near the new prison in the north of Nicosia. This is the twelfth excavation conducted by the CMP in this large area, all previous ones having been unsuccessful due to major changes in the topography that have occurred over the past decades.

Reporting on CMP excavations (en) (el) May 25, 2015 (Nicosia, 25 May 2015) – Over recent days, several reports have appeared in newspapers

containing speculations about potential burial sites and forthcoming excavations.

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Press Release by Independent Experts

5th March 2015 (Nicosia, 05.03.2015) : “Over the past four days we have evaluated the work of the CMP. We have visited the laboratory to examine the methodology that is employed and have also been given access to results obtained for one case from the Cyprus Institute of Neurology and Genetics.

Several of the cases handled by the CMP are extremely complex, given the number of individuals in gravesites and the poor preservation of the remains and sites. In our opinion the methodology implemented at CMP Anthropological Laboratory complies with international practice. This includes the re-association of skeletal elements from commingled remains.

However, we have examined a specific case and can conclude, that in this particular case, whilst the identification of the individual was correct, seven small bones from the feet were incorrectly associated with the individual. This occurred even though the scientists were following internationally accepted practices.

Based on the above findings it is clear that when analyzing complex cases there is an inherent risk of incorrectly associating some skeletal elements.

We have therefore recommended that the CMP review its practice when processing complex cases and adopt a more conservative approach. We will send a full report of our findings to both the CMP and the family concerned by the end of next week.”

•  

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Forensic Experts

Dr Jose Luis Prieto   Forensic Anthropologist  Forensic Institute Community of Madrid  Justice Department Spain  

Dr William Goodwin Forensic Geneticist University of Central Lancashire UK

http://www.cmp-cyprus.org/media/attachments/Quick%20Statistics/August2016.pdf Figures and Statistics of Missing Persons up to 31 August 2016

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The CMP Project

Phase I - Archaeological Phase : Exhumations are carried out on both sides of the buffer zone by bi-communal teams of over 55 Cypriot archaeologists. 

http://www.cmp-cyprus.org/what-we-do/phase-i-archaeological-phase/ Phase II - Anthropological Phase http://www.cmp-cyprus.org/what-we-do/phase-ii-anthropological-phase/ The CMP Anthropological Laboratory (CAL) is located in the United Nations Protected Area (UNPA)

near the Old Nicosia Airport and became operational in August 2006. In addition to containing two fully equipped anthropological laboratories, this facility also houses the CMP’s storage for exhumed remains and a Family Viewing Facility where the families of missing persons have the opportunity to meet with the scientists involved in the identification process and view the remains of their loved ones.

Phase III - Genetic Phase Genetic testing and matching http://www.cmp-cyprus.org/what-we-do/phase-iii-genetic-phase/ The DNA Laboratory of Bode Cellmark Forensics (Virginia, USA) has been contracted by the CMP to

carry out genetic analyses and bone profiling for the purposes of identification and association of skeletal elements.  

Phase IV - Identification and Return of Remains http://www.cmp-cyprus.org/what-we-do/phase-iv-identification-and-return-of-re/

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Missing Cypriots since 1974

http://www.missing-cy.org.cy/ Since the summer of 1974 when Turkey invaded Cyprus militarily and placed 1/3 of

the territory of the Republic of Cyprus under its control the fate of hundreds of people remains unknown.

The initial number of missing persons was 1619 , including non-combatants, women and small children. On the face of evidence, all these people disappeared during or after the Turkish invasion in the areas captured by the Turkish troops. There is corroborating evidence from eye witnesses and international Organisations that many of these persons had been arrested by the Turkish invasion forces or armed Turkish Cypriot groups and held for a period of time in Turkish prisons.For three decades the Turkish side maintained a completely negative attitude on this humanitarian issue. It refused to have a serious discussion and turned a deaf ear to the appeals for the supply of information about the fate of the Missing. In violation of fundamental principles anddeclarations on human rights and in disregard of a host of special resolutions adopted by the United Nations and Europe, Turkey kept its cards closed on the issue, considering it a military secret and hiding behind the vague and unfounded allegation that it held no one and knew nothing of these people.

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The Missing Greeks :: :: :: :: :: :: :: ::

Article 1 UN1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity . It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

EU Convention: Recalling that, under Article 3 of the same Convention, "no one shall be subjected to torture or to inhuman or degrading treatment or punishment"; Article 21: “No reservation may be made in respect of the provisions of this Convention.”

Article 1 : “There shall be established a European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter referred to as "the Committee"). The Committee shall, by means of visits, examine the treatment of persons deprived of their liberty with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment.”

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http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspxText in PDF FormatUN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or PunishmentAdopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984 entry into force 26 June 1987, in accordance with article 27 (1)http://www.cpt.coe.int/en/documents/ecpt.htmEuropean Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment COUNCIL OF EUROPE Strasbourg, 26.XI.1987European TreatiesETS No. 126

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UN presence in Cyprus since 1964:Turkish Invasion in1974?

https://www.youtube.com/watch?v=moYqkgkg53o TA soldiers patrol the buffer zone in Cyprus: Uploaded on Jan 30, 2009 Territorial Army soldiers from across the UK patrol the Green Line buffer zone in Cyprus. A total of 260 soldiers, drawn from 28 units, form the UK contingent to the United Nations' longest running

deployment, code named Operation Tosca. It is the first time a formed TA unit, 32 Signal Regiment Group has deployed to Cyprus.

Terrorsim: International Convention against the taking of hostages (1979) http://www.un.org/en/sc/ctc/docs/conventions/Conv5.pdf ARTICLE 1“Any person who seizes or detains and threatens to kill, to injure or to continue to detain another person

(hereinafter referred to as the "hostage") in order to compel a third party, namely, a State, an international intergovernmental organization, a natural or juridical person, or a group of persons, to do or abstain from doing any act as an explicit or implicit condition for the release of the hostage commits the offence of taking of hostages ("hostage-taking") within the meaning of this Convention.”

ARTICLE 3; “The State Party in the territory of which the hostage is held by the offender shall take all measures it considers appropriate to ease the situation of the hostage, in particular, to secure his release and, after his release, to facilitate, when relevant, his departure.”

ARTICLE 4: “ States Parties shall co-operate in the prevention of the offences set forth in article 1, particularly by: (1)taking all practicable measures to prevent preparations in their respective territories for the commission of those offences within or outside their territories, including measures to prohibit in their territories illegal activities of persons, groups and organizations that encourage, instigate, organize or engage in the perpetration of acts of taking of hostages;

(2) exchanging information and co-ordinating the taking of administrative and other measures as appropriate to prevent the commission of those offences.”

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The Operation Tosca

http://forces.tv/96201978 Sky Channel 264, Virgin 277, Freesat 652 Ali Gibson 2015-05-18 15:14 Black Watch: Zoning In The Black Watch, 3rd Battalion, Royal Regiment of Scotland have headed to Cyprus to

begin a six-month tour on Operation Tosca.   It's part of the UK's commitment to the UN peacekeeping force in the country, which has

been policing the buffer-zone between Turkish and Greek Cypriot forces for over 50 years.   Forces TV's Ali Gibson followed soldiers from the battalion as they undertook their

mission-specific training in the UK in preparation for their first tour of the island. There are irreconcilable differences between the Greek Christian Orthodox Nation

and the Muslim Turks :Clear examples of unjustifiable exterminations & Genocides Η καταστροφή και η φωτιά στη Σμύρνη Σεπτέμβριος 1922 https://www.youtube.com/watch?v=_l1zhrLfc1w&feature=youtu.be Published on Oct 16, 2012

https://youtu.be/kemSKgA5IHk BBC on the Invasion of Cyprus 1974 Uploaded on Aug 14, 2011:How many of these Greek illegal prisoners are still alive?

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Patrolling divided communities: The aftermaths of unlawful invasions

http://forces.tv/25481894 Simon Newton2015-08-05 14:56 On Guard With The Black Watch Troops from 3 SCOTS, The Black Watch, are currently in Cyprus serving with

the United Nations as part of Operation Tosca.  The Battalion arrived in March and will stay on the island until October this

year.    Forces TV's Simon Newton went with them on a night patrol, as they searched

for people illegally entering the buffer zone.  It's part of the UK's commitment to the UN peacekeeping force in the country,

which has been policing the buffer-zone between Turkish and Greek Cypriot forces for over 50 years. 

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House of Commons I

11 November 2015 On Monday 16 November MPs took part in a debate on the return of the sealed-off section of Famagusta to its

lawful inhabitants in the House of Commons Chamber. This debate was scheduled by the Backbench Business Committee following a bid from Mr David Burrowes, Dr Matthew Offord, Sir Alan Meale on  3 November.

Text of the Motion 'That this House supports the comprehensive settlement of the Cyprus problem based on a bi-communal, bi-

zonal federation with political equality, as set out in the relevant Security Council Resolutions and the High Level Agreements; endorses the Declaration of the European Parliament of 14 February 2012 on the return of Famagusta to its lawful inhabitants; notes that the city of Famagusta in the Republic of Cyprus was captured by the invading Turkish forces in August 1974, that a section of Famagusta was then sealed off and remains uninhabited, under the direct control of the Turkish military, and that the return of Famagusta to its lawful inhabitants would facilitate efforts toward a comprehensive settlement of the Cyprus problem; further notes the 1979 High Level Agreement and UN Security Council Resolutions 550 (1984) and 789 (1992) and the 2008 Report of the Committee on Petitions of the European Parliament on Petition 733/2004; calls on the government of Turkey to act according to those UN Security Council Resolutions and Report Recommendations and return Famagusta to its lawful inhabitants, who must resettle under conditions of security and peace; urges the Government, as a guarantor power of Cyprus, to promote Turkey’s cooperation; and directs the Speaker to forward this Resolution to President Nicos Anastasiades, Mr Mustafa Akinci, the UN Secretary General and the government of Turkey.'

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House of Commons II http://parliamentlive.tv/event/index/efb11abe-6c93-4b0b-93ad-08ea44e1eb68?in=18:37:25 House of Commons Monday 16 November 2015 Meeting started at 2.34pm, ended 11.20pm Backbench Business Committee The Backbench Business Committee meets weekly on Tuesdays to consider requests for debates from any backbench Members of

Parliament on any subject. The Committee then has to decide how to allocate the limited Parliamentary time it has at its disposal. The Committee's meetings are

always conducted in public and can be watched on Parliament TV. The debate and read the transcript Parliament TV: MPs debate Famagusta Commons Hansard: MPs debate Famagusta

http://legal.un.org/avl/pdf/ha/cspca/cspca_e.pdf International criminal responsibility is to apply to individuals, members of organizations and representatives of the State who commit, incite or conspire to commit the crime of apartheid (art. 3).

The Apartheid Convention allows State parties to prosecute non-nationals for a crime committed in the territory of a non-State party where the accused is physically within the jurisdiction of a State party (arts. 4 and 5).

John Dugard Professor of International Law Department of Public Law, Faculty of Law, University of Leiden – “That the Apartheid Convention is intended to apply to situations other than South Africa is confirmed by its endorsement in a

wider context in instruments adopted before and after the fall of apartheid. In 1977, Additional Protocol I of the Geneva Conventions of 1949 recognized apartheid as a “grave breach” of the Protocol (art. 85, paragraph 4 (c)) without any geographical limitation. Apartheid features as a crime in the Draft Code of Crimes against the Peace and Security of Mankind adopted by the International Law Commission on first reading in 1991 without any reference to South Africa and in 1996 the Draft Code adopted on second reading recognized institutionalized racial discrimination as species of crime against humanity in article 18 (f) and explained in its commentary that this “is in fact the crime of apartheid under a more general denomination”(Report of the International Law Commission on the work of its forty-eighth session (A/51/10), p. 49).

In 1998, the Rome Statute of the International Criminal Court included the “crime of apartheid” as a form of crime against humanity (art. 7). It may be concluded that the Apartheid Convention is dead as far as the original cause for its creation – apartheid in South Africa – is concerned, but that it lives on as a species of the crime against humanity, under both customary international law and the Rome Statute of the International Criminal Court.”

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House of Commons III http://www.publications.parliament.uk/pa/cm200405/cmselect/cmfaff/113/113we45.htm Select Committee on Foreign Affairs Written Evidence  Written evidence submitted by Michael Stephen ( The thesis of Greek Orthodox Church is clear for centuries) https://www.youtube.com/watch?v=ZbActfnrQ_I MAKARIOS RETURNS TO CYPRUS IN 1974 FROM EXILE ΚΥΠΡΟΣ: 15 - 21 ΙΟΥΛΙΟΥ 1974 Published on Jul 8, 2015 https://www.youtube.com/watch?v=SwKG5wJU8lc Τα τραγικά γεγονότα στην Κύπρο από τις 15 μέχρι τις 21 Ιουλίου 1974 μέσα από το αρχείο του ΡΙΚ In 1923, under the Treaty of Lausane, Turkish relinquished any claim to Cyprus, and in 1925 it was declared a

British Crown colony. On 16 August 1960, Cyprus attained independence. An agreement was drafted in Zurich and London between the United Kingdom, Greece and Turkey. - It was highly disputed as most of the population in Cyprus were Greeks and could not reasonably accept another violation of their self determination and independence rights, their freedom of national and religious expression that would make them fear of moving between unlawful occupiers.

Minority rights could be protected Constitutionally in the best way as in the most advanced democratically elected government.

On 16 August 1960, that Cyprus attained independence Cyprus had a total population of 573,566; of whom 442,138 (77.1%) were Greeks, 104,320 (18.2%) Turks, and 27,108 (4.7%) others.

How can enemies serve as guarantors to their victims ? On what ground are clauses of such treaties valid? http://www.mfa.gr/images/docs/kypriako/treaty_of_guarantee.pdf

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Cyprus a Member State of the EU https://europa.eu/european-union/about-eu/countries/member-countries/cyprus_en Population: 847 008 (2015) Currency: Euro. Member of the eurozone since 1 January 2008 EU member country since: 1 May 2004 joined the EU as a de facto -and not as de jure i.e. as a matter of legal right -divided island but the whole of

Cyprus is EU territory.Mutual Assistance. European Convention on Mutual Assistance on Criminal Matters (1959) https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/030 https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016800656ce Under this Convention, Parties agree to afford each other the widest measure of mutual assistance with a view to gathering evidence, hearing witnesses,

experts and prosecuted persons, etc. The Convention sets out rules for the enforcement of letters rogatory by the authorities of a Party ("requested Party") which aim to procure evidence

(audition of witnesses, experts and prosecuted persons, service of writs and records of judicial verdicts) or to communicate the evidence (records or documents) in criminal proceedings undertaken by the judicial authorities of another Party ("requesting Party")

Convention on the Non- applicability of Statutory Limitations to War Crimes and Crimes against humanity( 1968) http://www.ohchr.org/Documents/ProfessionalInterest/warcrimes.pdf

The States Parties to the present Convention , Recalling resolutions of the General Assembly of the United Nations 3 (I) of 13 February 1946 and 170 (II) of 31 October 1947 on the extradition and punishment of war criminals, resolution 95 (I) of 11 December 1946 affirming the principles of international law recognized by the Charter of the International Military Tribunal, Nürnberg, and the judgement of the Tribunal, and resolutions 2184 (XXI) of 12 December 1966 and 2202 (XXI) of 16 December 1966 which expressly condemned as crimes against humanity the violation of the economic and political rights of the indigenous population on the one hand and the policies of apartheid on the other..

European Convention on the Non-applicability of Statutory Limitations to Crimes against Humanity and War Crimes (1974 ) https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/082 https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=86DA29618F118D41C12563CD0051D558 The aim of this Convention is to ensure that the punishment of crimes against humanity and the most serious violations of the laws and customs of war is

not prevented by statutory limitations whether in relation to prosecution or to the enforcement of the punishment.The text refers in particular to violations of the 1948 United Nations' Convention on the Prevention and Punishment of the Crime of Genocide and to violations of the four Geneva Conventions (1949) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces, of Prisoners of War and of Civilian Persons in Time of War. https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/9ac284404d38ed2bc1256311002afd89/dd77a07dbdf8b9a2c12563cd0051b5ec

Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.PENAL SANCTIONS. II. GRAVE BREACHES ARTICLE 130 [ Link ] Grave breaches to which the preceding Article [ Link ] relates shall be those involving any of the following acts, if committed against persons or property protected by

the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention.

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http://www.europarl.europa.eu/meps/en/search.html?country=CY

MEP Year: Lefteris Christoforou 2016 https://www.youtube.com/watch?v=eI0Fog12ebQ

Published on Jul 25, 2016 Ο ευρωβουλευτής Λευτέρης Χριστοφόρου μιλά για τις δράσεις και τις εμπειρίες του

κατά τη διάρκεια του χρόνου 2015-2016 στο Ευρωκοινοβούλιο. MEP Year: Costas Mavrides 2016 https://www.youtube.com/watch?v=DS9Q-4lzksw Published on Jul 25, 2016 Ο ευρωβουλευτής Κώστας Μαυρίδης μιλά για τις δράσεις και τις εμπειρίες του κατά τη

διάρκεια του χρόνου 2015-2016 στο Ευρωκοινοβούλιο. MEP Neoklis Sylikiotis 2016 https://www.youtube.com/watch?v=1Hk4uWRMqCk Published on Jul 25, 2016 Ο ευρωβουλευτής Νεοκλής Συλικιότης μιλά για τις δράσεις και τις εμπειρίες του κατά

τη διάρκεια του χρόνου 2015-2016 στο Ευρωκοινοβούλιο.

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http://www.europarl.europa.eu/meps/en/search.html?country=CY

MEP Year: Takis Hadjigeorgiou 2016 https://www.youtube.com/watch?v=1SLtTE1g2p8 Published on Jul 25, 2016 Ο ευρωβουλευτής Τάκης Χατζηγεωργίου μιλά για τις δράσεις και τις εμπειρίες του κατά

τη διάρκεια του χρόνου 2015-2016 στο Ευρωκοινοβούλιο.  MEP Year: Eleni Theocharous 2016 https://www.youtube.com/watch?v=AjvQRjPu6WU Published on Jul 25, 2016 Η ευρωβουλευτής Ελένη Θεοχάρους μιλά για τις δράσεις και τις εμπειρίες της κατά τη

διάρκεια του χρόνου 2015-2016 στο Ευρωκοινοβούλιο.  MEP Year: Demetris Papadakis 2016 https://www.youtube.com/watch?v=v5KKNq6PkKw Published on Jul 25, 2016 Ο ευρωβουλευτής Δημήτρης Παπαδάκης μιλά για τις δράσεις και τις εμπειρίες του κατά

τη διάρκεια του χρόνου 2015-2016 στο Ευρωκοινοβούλιο.

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Objections to the implementation of Annan’s Plan in Cyprus

http://www.parliament.cy/ 21 Φεβρουαρίου 2009 - η πρώτη μετάδοση της τηλεοπτικής εκπομπής της Βουλής "'Εδοξε τη Βουλή και τω Δήμω" σε συνεργασία με το ΡΙΚ1. Η εκπομπή που μεταδιδόταν και δορυφορικά και στο διαδίκτυο αναμεταδόθηκε επίσης την Κυριακή 22 Φεβρουαρίου 2009 από το κανάλι της Βουλής των Ελλήνων στη βάση σχετικού πρωτοκόλλου συνεργασίας.

http://www.parliament.cy/easyconsole.cfm/id/446 Ντοκιμαντέρ "Το Δηλητήριο" του Μακάριου Δρουσιώτη http://www.hri.org/docs/annan/Annan_Plan_Text.html The Annan Plan for Cyprus: Perhaps the UN plan should be

applied in Turkey as the Greek population there are constantly persecuted. . “i. Affirming that Cyprus is our common home and recalling that we were co-founders of the Republic established in 1960”. MAIN ARTICLES UN .Cyprus had formally annexed by Britain in 1914.Turkish Cypriots made a respectful minority of 18% of the population. Independence was granted in 1960 when a Greek Orthodox Church leader sealed the national Greek union. Considering the membership of Cyprus in the EU , it is only the 18% of lawful Muslim island residents prior to the Turkish invasion that can have lawful EU passports, in my view.

https://www.youtube.com/watch?v=-wOi4S33xKQ Published on Apr 2, 2012 Το 2004 ήταν ένας χρόνος σταθμός για την Κύπρο. Η ένταξη στην Ευρωπαϊκή Ένωση και η απόρριψη του Σχεδίου Ανάν

ήταν δύο κορυφαία γεγονότα. Σφραγίστε το Φάκελο της Κύπρου - "Το Συζητάμε“ https://www.youtube.com/watch?v=r60xP-FMfHE Published on May 29, 2013 Η Μεγάλη Συνωμοσία - Ερείπια στην Κύπρο , Λύτρωση στην Αθήνα.Σξεις : Στυλιανός Παττακός - Σ/γος Γιάννης

Κουτσογιάννης http://tvxs.gr/webtv/reportaz-xoris-synora/syggnomi-kosta 14:01 | 06 Σεπ. 2016 ΡΕΠΟΡΤΑΖ ΧΩΡΙΣ ΣΥΝΟΡΑ

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http://www.kingscollections.org/media/arc_cat/pdf/020139/KCL.KingsCollections.Catalogue.KCLCA.20139.pdf

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Archbishop Makarios

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Archbishop Makarios Ο Αρχιεπίσκοπος Μακάριος Γ΄ εγκαθίσταται στο αξίωμα του Προέδρου της

Δημοκρατίας , 16 Αυγούστου 1960.   http://www2.parliament.cy/parliamentgr/002_11_01.htm

Ανακήρυξη της Κυπριακής Ανεξαρτησίας, 16 Αυγούστου 1960.

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JUDICIARY OF ENGLAND AND WALES I

LORD DYSON, MASTER OF THE ROLLS THE EXTRATERRITORIAL APPLICATION OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS: NOW ON A FIRMER FOOTING, BUT IS IT A SOUND ONE? FOR ESSEX UNIVERSITY 30 JANUARY 2014

https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Speeches/lord-dyson-speech-extraterritorial-reach-echr-300114.pdf

Article 1 of the European Convention on Human Rights (“Convention”) provides: “The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention”.

There are two states-Turkey and the United Kingdom – that were the respondents in many of the most important Strasbourg cases where applicants argued that their human rights were violated in foreign territories.

In Smith and Others v The Ministry of Defence, the Supreme Court held that the Convention applies to British soldiers serving in Iraq since they are under the effective authority and control of the United Kingdom.

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JUDICIARY OF ENGLAND AND WALES II

The initial text of article 1, prepared by the Committee of the Consultative Assembly of the Council of Europe on legal and administrative questions, provided that member States shall undertake to secure the rights and freedoms for all persons “residing within their territories”.

The words “residing within their territories” were subsequently changed to “within their jurisdiction”. The reasons were noted in the travaux préparatoires: “It seemed to the Committee that the term ‘residing’ might be considered too restrictive. It was felt that there were good grounds for extending the benefits of the Convention to all persons in the territories of the signatory States, even those who could not be considered as residing there in the legal sense of the word.” (Collected Edition of the Travaux Préparatoires of the European Convention on Human Rights (Vol. III, p. 260)

Under international law, “jurisdiction is an aspect of sovereignty and refers to judicial, legislative and administrative competence.”

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JUDICIARY OF ENGLAND AND WALES III

“Jurisdiction is an aspect of sovereignty, it is coextensive with and, indeed, incidental to, but also limited by, the State’s sovereignty. As Lord Macmillan said, “it is an essential attribute of the sovereignty of this realm, as of all sovereign independent States, that it should possess jurisdiction over all persons and things within its territorial limits and in all cases, civil and criminal, arising within these limits”. If a State assumed jurisdiction outside the limits of its sovereignty, it would come into conflict with other States which need not suffer any encroachment upon their own sovereignty. Such a system seems to establish a satisfactory regime for the whole world. It divides the world into compartments within each of which a sovereign State has jurisdiction. Moreover, the connection between jurisdiction and sovereignty is, up to a point, obvious, inevitable, and almost platitudinous, for to the extent of its sovereignty a State necessarily has jurisdiction.”

A State’s sovereignty is understood by reference to a geographical territory and jurisdiction is understood by reference to a State’s authority over persons within that territory. The primarily territorial perspective of jurisdiction must also be understood against the background of the historical period in which many international treaties, including the Convention, were written.

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JUDICIARY OF ENGLAND AND WALES IV

In the post-WWII era, jurisdiction was a tool to allocate competency among fiercely independent and volatile nation States.

In the minds of the drafters of such conventions, if one State assumed extraterritorial jurisdiction then it would, necessarily, encroach upon another State’s jurisdiction.

The categories of exceptional circumstances are manifestations of jurisdiction but they are not the reason for finding jurisdiction.

In Cyprus v Turkey, the Government of Cyprus complained of systematic violations of human rights in northern Cyprus by Turkish State organs and other persons acting with the support and knowledge of Turkey.

The Government of Turkey maintained that the Commission had no jurisdiction to examine the application as Cyprus did not fall under Turkish jurisdiction. Turkey had not extended her jurisdiction to the island of Cyprus since she had neither annexed a part of the island nor established a military or civil government there.

Lord Brown, with whom the majority agreed, Al-Skeini – the House of Lords’ decision gave the fullest examination of the Article 1 issue. He took the decision in Banković, a decision of the Grand Chamber and considered that the following propositions could be derived from Banković:

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JUDICIARY OF ENGLAND AND WALES V

“(1) Article 1 reflects an “essentially territorial notion of jurisdiction … other bases of jurisdiction being exceptional and requiring special justification in the particular circumstances of each case...

(2) The Court recognises article 1 jurisdiction to avoid a ‘vacuum in human rights’ protection’ when the territory ‘would normally be covered by the Convention’....

(3) The rights and freedoms defined in the Convention cannot be ‘divided and tailored’. (4) The circumstances in which the court has exceptionally recognised the extra-territorial

exercise of a state include [he then set out a number of the examples to be found in the case law of the court]”.

Court had concluded in Issa that a State’s accountability : “stems from the fact that art 1 of the Convention cannot be interpreted so as to allow a State party to perpetrate violations of the Convention on the territory of another State, which it could not perpetrate on its own territory.”

In the High Court, Collins J said: “members of the armed forces remain at all times subject to the jurisdiction of the UK. It would obviously be wholly artificial to regard a soldier sent to fight in the territory of another state as subject to the jurisdiction of that state.”

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JUDICIARY OF ENGLAND AND WALES VI

The Court of Appeal agreed. It adopted a personal conception of jurisdiction, based on the victim’s status as a member of the armed forces. It said that it would defy common sense to say that a UK soldier was protected by the Convention while on a UK base, but would lose all protection once he stepped outside it.

A majority of the Supreme Court held that the Contracting States did not intend the Convention to apply to their armed forces when operating outside their territories.

Lord Collins, with whose reasons Lords Hope, Walker and Rodger agreed, said that the case came within none of the exceptions recognised by the European Court, and that there was no basis in its case law, or in principle, for the proposition that the authority and control which States undoubtedly have over their armed forces abroad should mean that they are “within their jurisdiction” for the purposes of Article 1.

The Convention constrains a state’s freedom to act, regardless of where that individual is located because the rights and freedoms are those of individuals, not those of territories.

The question that the Court should ask is whether it is in a relationship of effective and purportedly legitimate authority over the individual (which is a threshold question).

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JUDICIARY OF ENGLAND AND WALES VII

It is also clear-Lord Hope - that the authority must, at least, purport to be legitimate. That is, the State agent must be acting under the ostensible authority of the State (whether lawfully or unlawfully). The Convention is concerned with the responsibility of States, not individuals; as a result, it needs to be shown that the State agent is purporting to act on behalf of the State to justify a finding of jurisdiction under Article 1.

In Al-Skeini, Judge Bonello proposed what he called a “functional jurisdiction test”. He identified what he called the “functions” of the Convention: “States ensure the observance of human rights in five primordial ways:

firstly, by not violating (through their agents) human rights; secondly, by having in place systems which prevent breaches of human rights; thirdly, by investigating complaints of human rights abuses; fourthly, by scourging those of their agents who infringe human rights; and, finally, by compensating the victims of breaches of human rights. These constitute

the basic minimum 22 functions assumed by every State by virtue of its having contracted into the Convention.”

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