writes Konstantinos Konstantinidis Amphiktyon
On 15 Nov. 1983 the so-called “Assembly of the Federated Turkish State of Cyprus” proclaimed the establishment of a new State in the occupied territory of the Republic of Cyprus under the name “Turkish Republic of Northern Cyprus”. This is in violation of the Zurich and London agreements which the Republic of Cyprus was formed. Since then, Turkey has been making strenuous efforts to recognize the pseudo-state of the “Turkish Republic of Northern Cyprus”, but so far only Turkey has recognized it and no other state. The UN has reacted tepidly to the illegal and arbitrary declaration. Decision No. 321 of the General Assembly expressed its regret with Decisions No. 365 and 367/1975 and requested respect for the Sovereignty of the Independence and Territorial Integrity of the Republic of Cyprus and with Decisions No. 541/83 and 550 /84 condemned the establishment of the pseudo-state as invalid and invalid and called on all countries to respect the Republic of Cyprus and to remove all foreign troops from the territory of Cyprus. The White House, England, the Soviet Union, the China, France, etc. The pseudo-state lacks the conditions required by the Montevideo Agreement of 1933, namely: a/ Defined territorial area b/ Political Power c/ Permanent population (people) and d/ Ability to enter into international relations with other countries. These conditions the pseudo-state has. But the main obstacle is that a country cannot be established and legally recognized when it comes from a military occupation and has been condemned by the International Community. Based on International Law, the occupied part of Cyprus cannot become an independent and autonomous state and moreover because it is constantly under the control of the occupying army of a foreign power. In 1932, Japan had conquered Maguria, but its sovereignty was never recognized as legal and after WW2 it withdrew. Declarations of Non-Recognition of States were repeated in Montevideo in 1933, in Buenos Aires in 1936 and in Lima in 1938. Only after negotiations define the Declarations are the issues resolved and the results accepted. On August 14, 1941 US President Roosevelt and British Prime Minister Churchill signed the Charter of Atlantic declaring as representatives of their respective countries that: “Their countries will not seek territorial or other expansion” These were incorporated into the United Nations Declaration whereby: “All states in their international relations shall refrain from the threat or use of force manifested against the territorial integrity or political independence of any state.” After the above all Turkish actions in Cyprus as well as threats and violations in the Aegean are illegal and violate international law. Violent means cannot legitimize conquest. Even the threat of violence that contradicts the free and democratic expression and will of the people. All these principles were violated in the most brutal way with the bloody invasion of the Turkish Forces in Cyprus on July 20, 1974, against a UN member state. The self-proclaimed “Turkish Republic of Northern Cyprus” does NOT meet any of the elements that define a state: a/ The Turkish Cypriots from the Ottoman Administration until 1955-60 when Cyprus was liberated by EOKA, they lived scattered throughout the Cypriot territory and did not have a separate party/ The invasion of Turkey by means of weapons in 1974 was accompanied by violent persecution of the Greek Cypriots from Northern Cyprus to Southern and Turkish Cypriots from South Cyprus to North respectively.Their homes were immediately seized by Attila and Turks were transported from Turkey to colonize the occupied Northern Cyprus/ The northern part that was declared “Turkish Cypriot state” when the Turkish army granted power to the Turkish Cypriots, in addition to being illegal, is still today under continuous occupation by a military force of 45,000 men heavily armed with 300 tanks, heavy artillery, able to be reinforced at short notice from opposite Turkey. With reference to the pseudo-state, there is no legal order but imposed from the outside by means of weapons, nor the application of international law because it is entirely illegal. d/ There is no legal authority in the pseudo-state because it is based on the 45,000 spears of the Turkish army and not on the will even of the Turkish Cypriots, the most of whom have been driven out, others disagree, and the demographic makeup of the pseudo-state has been altered by the transfer of settlers from Anatolia. When a foreign army is on the territory of another country, the element that is a prerequisite for a legitimate state power is missing .
e/ In the Turkish-occupied Northern Cyprus, the political leadership has not come from legal procedures, such as elections of the entire population that lived in the area before the invasion and military occupation, but on the contrary, the existing Turkish Cypriot leadership is intertwined with the military forces of occupation and obeys entirely what Turkey orders. (Repeatedly Rauf Denktas has stated: “Whether I believe it or not, whether I consider it fair or not, I do exactly what Turkey orders me to do” which means that it is based on her as well as the entire “entity of the “puppet state” which is under occupation.
f/ The pseudo state of Rauf Dekntas and now the infamous Tatar is a product of armed invasion and occupation by the Turkish Army. This deprives the pseudo-state of another key element of Independence and free will.
g/ Turkey is gradually taking steps to integrate Northern Cyprus into Turkey. Initially it was in favor of the Bizonal Bi-communal Federation, now it is speaking in favor of an “independent state” and later it intends, as it says, to incorporate it into Turkey. Already the currency of the pseudo-state is the Turkish lira, its budget is approved by Turkey, the salaries of the employees are approved by Turkey, the telephone network is integrated with the Turkish Telephone Company, the Post Office is owned and operated by Mersina, while the fake government is served by Turkish ministers from Turkey.
h/ The People which is a condition and constituent element of a state in this case we have the 200,000 displaced Greek Cypriots, who under the threat of death were forced to leave their homes, their properties, their crops, their shops, their businesses (as in Kyrenia and Famagusta) All these people and several Turkish Cypriots if there was a regime of free will would condemn the occupying regime and would prefer the reunification of Cyprus, in order to enjoy a regime of democracy based on the European acquis and better living conditions.
Therefore, replacing legal residents with squatters of foreign property does not replenish the element of the people that is a necessary component of a state. The resettled squatters of legal residents constitute an act that contravenes Article 49 of the Fourth Convention of the Geneva Treaty which prohibits the transfer of urban or rural population by the occupying force which is estimated to have today transferred 120,000 illegal Turkish nationals in order to displace legal ones. residents of Northern Cyprus.
i/ The UN Universal Declaration of Human Rights, which is already international customary law, in Article 17 provides that “everyone has the right to own private property” and that “no one can be arbitrarily deprived of his property”
Turkey, in order to consolidate the illegal establishment of the so-called “Turkish Republic of Northern Cyprus” (T.D.B.K.) applied to the occupied territories the well-known method of de-Hellenization and the ethnic cleansing of every Greek Cypriot element and divided their properties, looted the his churches, carried out antiquities etc acts contrary to International Law and UN Resolutions.
It is estimated that due to the unbearable oppression and the fascist mentality of the pseudo-state, around 40,000 Turkish Cypriots immigrated to England.
However, there is a tolerance if not an urge on the part of our “allies” in NATO and our partners in the EU to impose the recognition of the pseudo-state “fait a comli”, that is, on the basis of what has been done. And they wonder if they would be willing to give state recognition to Turkey’s 15-20 million Kurds who are 30% of the Turkish population? It should be noted in passing that the Kurds are an ancient people, mentioned by Xenophon in the 4th century BC in “Kyros Anavasi”. As for the Turkish Cypriots, most of them are Greek Cypriots converted to Islam, as are millions of others in Turkey to escape persecution and heavy taxation. The proof that most of the Greek refugees from Turkey have the ending “oglu”
After the recent action of the Turkish National Assembly to request the international recognition of the “Turkish Republic of Northern Cyprus” our country must activate and stop the well-known appeasement policy which favors the neighbor.
As long as Turkey’s strategy for secession of Greek territories (Northern Cyprus, Aegean Islands, Western Thrace) lasts, Greece is forced to highlight the Kurdish problem, which is Turkey’s “Achilles heel”.
Greece and Cyprus must prepare even with dynamic means to reject Attila from Northern Cyprus under certain conditions that may arise in the future.
(The legal information was taken from the book “Molon Lave” Gregory Publications by the distinguished lawyer and international scholar Thalis Mylonas}
* Amphiktyon is Lieutenant General Konstantinos Konstantinidis
Writer, Member of the Society of Greek Writers
amphiktyon@gmail.com
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