Όλες οι κατηγορίες:

Φανή Πεταλίδου
Ιδρύτρια της Πρωινής
΄Έτος Ίδρυσης 1977
ΑρχικήEnglish‘TRNC’ targeted as a commercial enterprise

‘TRNC’ targeted as a commercial enterprise

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cyprus-denxehnoBy Elias Hazou, cyprus-mail

ATHAN TSIMPEDES’ lawsuit seeks compensation for the illegal funding coordinated by HSBC, the only known international bank that clears money to and from the occupied north for fraudulent transactions involving the selling of titles.

Tsimpedes says the ‘TRNC’ as a “commercial enterprise” sells properties in the occupied areas of Cyprus with false titles and its profits from these sales are processed through the HSBC plc bank. These properties may belong to Greek Cypriots.

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The lawsuit has been filed in the United States District Court, Washington DC. American courts allow foreign nationals to sue in the United States. Over 100 people living in the US, Greece, the UK and Cyprus have already filed.

Tsimpedes has described the Turkish Cypriot regime as a “mafia-style entity” and frequently refers to it as the “Turkish Gaza.”

The action is based on the premise that in the United States the ‘TRNC’ operates as a trade name, and its staff enter the US on business, not diplomatic, visas. According to Tsimpedes, the ‘ambassador’ of the ‘TRNC’ in Washington DC has obtained a B1 business visa – a certificate of occupancy defining the occupant as a business. A letter from the US State Department states that the representative has no diplomatic status and does not recognise his passport because the ‘TRNC’ is not a recognised country.

Tsimpedes’ lawsuit is also against HSBC bank. It claims the bank launders money to and from the occupied territories in Cyprus, in furthering the fraudulent property scheme that duped British and other European nationals into buying such properties belonging to refugees. Tsimpedes argues that since only a sovereign nation can issue title, this puts at issue all the titled property illegally sold under the ‘TRNC’ logo with the assistance of and through HSBC bank plc.

People who have lost property may join the class action by paying an administrative fee of $300 if they have up to three deeds to property and $600 if they have more than three deeds. The law firm is taking the action on a contingency fee basis which means that the lawyers will be paid, aside from the administrative fee, only if they are successful. The law firm will charge 25 per cent of the gross amount recovered.

Turkey itself is not listed as a defendant along with the HSBC and the regime in the north. The reason: to avoid issues of state immunity.

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The lawsuit comes under the Foreign Sovereign Immunities Act (FSIA), a US law enacted in 1976. The Act enables foreign States, their political subdivisions, agencies, or instrumentalities to be sued in federal or state courts in the United States.

Thus the action is not targeted at Turkey directly, but rather at the ‘TRNC’ on the grounds it is an instrumentality, or agency, of the Turkish Republic.

Tsimpedes has assured plaintiffs that the action does not put their title in jeopardy. If successful, plaintiffs will be entitled to compensation for the loss of use of their immovable property for 36 years as well as other remedies including personal property such as icons, vehicles, farm equipment or furniture.

This class action concerns property. A separate lawsuit is being filed for those killed, missing, injured and abused. Greek Cypriot teacher Eleni Foka has joined the US lawsuits against Turkey and will be the named plaintiff in the upcoming Class Action for human rights and violent atrocities (non-property) against Greek Cypriots and others. These may include those committed by the Turkish army.

Tsimpedes has played down concerns that in suing the ‘TRNC’ he is giving it implicit or explicit recognition. He says he is merely suing the ‘TRNC’ for the damages suffered by the plaintiffs and that, at any rate, recognition can only come by way of the executive branch of the US government and not through the courts as it involves foreign relations.

In addition, the Greek-American lawyer has taken charge of a separate class action suit seeking some $400 billion in damages for occupied Greek Cypriot property from the Republic of Turkey and the ‘TRNC’.

That lawsuit asks the court (District of Columbia) to decide that Turkey and the ‘TRNC’ should pay compensation for the denial of access, use and enjoyment of Greek Cypriot land in the north.

Turkey is being sued as a foreign state in violation of its duty of care. The lawsuit is based on the fact that Turkey invaded Cyprus in 1974 and is maintaining an illegal occupation with the use of American weapons.

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