Identifier
Created
Classification
Origin
05ANKARA2190
2005-04-18 14:26:00
CONFIDENTIAL
Embassy Ankara
Cable title:  

TURKISH MFA ON ECHR ACCEPTANCE OF XENIDES-ARESTIS

Tags:  PREL CY TU 
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C O N F I D E N T I A L ANKARA 002190 

SIPDIS

E.O. 12958: DECL: 04/18/2015
TAGS: PREL CY TU
SUBJECT: TURKISH MFA ON ECHR ACCEPTANCE OF XENIDES-ARESTIS
CASE


(U) Classified by Political Counselor John Kunstadter, E.O.
12958, reasons 1.4 (b) and (d).

C O N F I D E N T I A L ANKARA 002190

SIPDIS

E.O. 12958: DECL: 04/18/2015
TAGS: PREL CY TU
SUBJECT: TURKISH MFA ON ECHR ACCEPTANCE OF XENIDES-ARESTIS
CASE


(U) Classified by Political Counselor John Kunstadter, E.O.
12958, reasons 1.4 (b) and (d).


1. (C) Turkish MFA Northeast Mediterranean Affairs Acting
DDG Bilman told us MFA and legal experts met in the wake of
the ECHR's April 6 decision to admit the Xenides-Arestis v.
Turkey Cyprus property case. Bilman maintained the ECHR had
not questioned the legality of the "TRNC" compensation
scheme, only its effectiveness.


2. (C) When we pointed out the Court's emphasis on the
failure of the "TRNC" scheme to allow restitution of
property, Bilman told us the MFA is considering whether there
could be "partial restitution" (NFI) of property. Bilman
also argued that the Court "left open" the possibility of
compensation in lieu of restitution under certain
circumstances. Apparently the MFA believes that a scheme
providing for restitution but with exceptions recognized in
international law might be acceptable to the ECHR.


3. (C) Bilman said that Turkey may still appeal the
admissibility ruling to the ECHR Grand Chamber. Aside from
Turkish media spinning the decision as positive for its
"recognition" of the "TRNC" scheme, we have not yet detected
any immediate fallout to the ECHR admissibility decision
here. However, Bilman emphasized that FM Gul remains focused
on the property case issue, and has requested an briefing on
the subject this week.


4. (C) Comment: We leave it to L and others to analyze the
ECHR ruling in depth. Our first reading suggests the Turks
are being overly optimistic about the "TRNC's" ability to
cope with this ruling -- particularly if, as we suspect, the
Turks' primary goal is to avoid the good-faith restitution of
property required by the Court. End Comment
EDELMAN