Newsgroups: bit.listserv.hellas
Date:         Tue, 6 Oct 1992 11:27:07 +0100
Reply-To:     C.A.Constantinides@CITY.AC.UK
From:         C.A.Constantinides@CITY.AC.UK
Subject:      LOOTING AND WANTON DESTRUCTION
Comments: To: hellas@uga.cc.uga.edu, macedonia@husc.harvard.edu,
              nea@athena.mit.edu

                  * * * * * * * * * * * * * * * * * *
                  *    DEPRIVATION OF POSSESSIONS,  *
                  *  LOOTING AND WANTON DESTRUCTION *
                  * * * * * * * * * * * * * * * * * *

"Every natural or legal person is entitled to the peaceful enjoyment of
his possessions. No one shall be deprived of his possessions..."
                                          <Article 1 of Protocol No.1>.

Charge laid against Turkey: Greek Cypriots were  deprived of their pos-
                  sessions either by eviction  or by seizure of movable
                  property and its subsequent removal by Turkish soldi-
                  ers,  or by conditions making abandonment of home and
                  property the only wise course as  life and limb  were
                  at risk from the Turkish army.
                  When privately owned land & houses belonging to Greek
                  Cypriots in the  Turkish  occupied  areas  came under
                  Turkey's control,most of this was distributed to Tur-
                  kish Cypriots and to  Turks  brought  from  Turkey to
                  settle in those areas. To preclude any Greek Cypriots
                  from reclaiming their possessions,Turkish authorities
                  forcibly prevented their return  and continued to ex-
                  pel most remaining Greek Cypriots.
                  In various official statements the Turkish Government
                  made it clear that Turkey was organizing marketing of
                  all agricultural production in the occupied area. The
                  same  applied  to tourism  and Turkey  took over  all
                  Greek Cypriot manufacturing industry.  Goods  already
                  manufactured & agricultural produce ready for market-
                  ing were shipped abroad in Turkish vessels.
                  In addition,  the Turkish Army  systematically looted
                  houses and business premises belonging to Greek Cypr-
                  iots. Even properties of those Greek Cypriots who had
                  remained in the Turkish occupied army part not escape
                  this fate. Most loot was loaded into Turkish army ve-
                  hicles & buses seized from Greek Cypriots, and a sub-
                  stantial part, including vehicles, animals, household
                  goods,and building equipment, was transported by Tur-
                  kish naval vessels to the mainland.
                  The Turkish Army also engaged in  wanton destruction.
                  Turkish soldiers attempted to burn down all buildings
                  along  "the green line" in Nicosia,  and orchards and
                  crops belonging to  Greek Cypriots  were  set on fire
                  after cessation of hostilities.Witnesses also descri-
                  bed breaking of doors and windows of houses, the sma-
                  shing of furniture icons,  candles  and  other church
                  property and killing of animals.
                  The destruction of Christian & Hellenic monuments was
                  a significant feature of Turkey's occupation. Religi-
                  ous property was a particular target in an attempt to
                  destroy the cultural identity of the occupied area.
                  Not only were religious items & church equipment sma-
                  shed, set on fire or looted,  but most Greek Orthodox
                  churches not converted into mosques were vandalized.
                  Mosaics and even frescos were either defaced or remo-
                  ved. This occurred in military zones under control of
                  the Turkish Army and from which Turkish Cypriots were
                  excluded.
                  Even  archaeological museums and sites did not escape
                  vandalisation and initial looting.

Turkey's defense: No answer was given to these charges  and Turkey boy-
                  cotted the Commission's proceedings once her jurisdi-
                  ctional objection was rejected.

Commission's verdict: The Commission  accepted  that the  170,000 Greek
                  Cypriots  displaced  from the  occupied area had left
                  behind their movable & immovable possessions and ref-
                  erred to  " the established fact that these displaced
                  persons are  allowed  to return to their homes in the
                  north, and thus to property left there"
                                                     <Report para.471>.
                  The Commission went on to find  " proof of taking and
                  occupation of houses and land by Turkish Cypriots and
                  Turks from the mainland,  both military personnel and
                  civilians" <Report para. 472>.
                  Moreover the Commission accepted " testimony as prov-
                  ing beyond reasonable doubt that  looting and robbery
                  on an extensive scale by  Turkish troops  and Turkish
                  Cypriots have taken place...
                  As regards such  deprivations of possessions by Turk-
                  ish Cypriots, the Commission considers that,  insofar
                  as the persons committing them were acting  under the
                  direct  order  or  authority of the Turkish forces of
                  which there is evidence, the deprivation must equally
                  be imputed to Turkey under the Convention...
                  The Commission, by 12 votes against one, finds it es-
                  tablished that there has been  deprivation of posses-
                  sions of Greek Cypriots on a large scale,   the exact
                  extent of which could not be determined.  This depri-
                  vation must be imputed to Turkey under the Convention
                  and it has not been shown that  any of these interfe-
                  rences were necessary for any of the purposes mentio-
                  ned in Article 1 of Protocol No.1" <Report,paras 472-
                                                       486 passim>.