Kyrenia harbor, Northern Cyprus
1. LEGALITY AND RECOGNITION ARE TWO COMPLETELY DIFFERENT THINGS
Recognition is completely a political notion/act (as stated by Int’l Court of Justice, Kosovo 2010 decision) and has nothing to do with legality. 1/193 country recognizes Northern Cyprus; but even if 0/193 countries recognize NC, this has nothing to do with legality of NC.
The President of the International Court of Justice (ICJ) Hisashi OWADA (2010): “International law contains no “prohibition on declarations of independence.”
the International Court of Justice (ICJ) (2010): “while the declaration may not have been illegal, the issue of RECOGNITION was a POLITICAL one”.
the International Court of Justice (ICJ) (2010): “while the declaration may not have been illegal, the issue of RECOGNITION was a POLITICAL one”.
Recognition is a political, not a legal matter.
That is to say, “being recognized/not recognized does not affect legality/illegality of a country”. Recognition is a political action.
SINCE NORTHERN CYPRUS IS LEGAL, ALL ITS COURTS AND LAWS ARE ACCEPTED IN THE WORLD: SEE 2 & 3 BELOW.
2. ALL LAWS OF NORTHERN CYPRUS ARE ACCEPTED IN EUROPE (EUROPEAN COURT OF HUMAN RIGHTS; ECtHR)
In Northern Cyprus, laws of Turkish Republic of Northern Cyprus are valid: ECtHR’s 02.07.2013 Decision: http://hudoc.echr.coe.int/eng?i=001-122907
“…notwithstanding the lack of international recognition of the regime in the northern area, a de facto recognition of its acts may be rendered necessary for practical purposes. Thus, THE ADOPTION BY THE AUTHORITIES OF THE “TRNC” OF CIVIL, ADMINISTRATIVE OR CRIMINAL LAW MEASURES, AND THEIR APPLICATION OR ENFORCEMENT WITHIN THAT TERRITORY, may be regarded as having a legal basis in domestic law for the purposes of the Convention”.
In Northern Cyprus, laws of Turkish Republic of Northern Cyprus are valid: ECtHR’s 02.07.2013 Decision: http://hudoc.echr.coe.int/eng?i=001-122907
“…notwithstanding the lack of international recognition of the regime in the northern area, a de facto recognition of its acts may be rendered necessary for practical purposes. Thus, THE ADOPTION BY THE AUTHORITIES OF THE “TRNC” OF CIVIL, ADMINISTRATIVE OR CRIMINAL LAW MEASURES, AND THEIR APPLICATION OR ENFORCEMENT WITHIN THAT TERRITORY, may be regarded as having a legal basis in domestic law for the purposes of the Convention”.
Note: In the related ECtHR’s decision above, the case application of the Greek Cypriot was IMMEDIATELY REJECTED; i.e., his application was found INADMISSABLE. That is to say, he was expelled by ECtHR just at the beginning; therefore, his case was not handled (no sessions were held) by ECtHR at all.
ECtHR’s 02.09.2015 Decision: http://hudoc.echr.coe.int/eng?i=001-155000
“..the court system in the “TRNC”, including both civil and criminal courts, reflected the judicial and common-law tradition of Cyprus in its functioning and procedures, and that the “TRNC” courts were thus to be considered as “established by law” with reference to the “constitutional and legal basis” on which they operated……the Court has already found that the court system set up in the “TRNC” was to be considered to have been “established by law” with reference to the “constitutional and legal basis” on which it operated, and it has NOT accepted the allegation that the “TRNC” courts as a whole lacked independence and/or impartiality……when an act of the “TRNC” authorities was in compliance with laws in force within the territory of northern Cyprus, those acts should in principle be regarded as having a legal basis in domestic law for the purposes of the Convention..”
Note: Here, what ECtHR means by “laws in force within the territory of northern Cyprus” is the laws that TRNC published and put into implementation, as can be
understood from ECtHR’s above 02.July.2013 decision.
“..the court system in the “TRNC”, including both civil and criminal courts, reflected the judicial and common-law tradition of Cyprus in its functioning and procedures, and that the “TRNC” courts were thus to be considered as “established by law” with reference to the “constitutional and legal basis” on which they operated……the Court has already found that the court system set up in the “TRNC” was to be considered to have been “established by law” with reference to the “constitutional and legal basis” on which it operated, and it has NOT accepted the allegation that the “TRNC” courts as a whole lacked independence and/or impartiality……when an act of the “TRNC” authorities was in compliance with laws in force within the territory of northern Cyprus, those acts should in principle be regarded as having a legal basis in domestic law for the purposes of the Convention..”
Note: Here, what ECtHR means by “laws in force within the territory of northern Cyprus” is the laws that TRNC published and put into implementation, as can be
understood from ECtHR’s above 02.July.2013 decision.
3. UNITED STATES’ FEDERAL COURT: “TURKISH REPUBLIC OF NORTHERN CYPRUS IS A DEMOCRATIC COUNTRY”
USA Federal Court (09.October.2014): “Turkish Republic of Northern Cyprus is a democratic country”
“Although the United States does not recognize it as a state, the TRNC purportedly operates as a DEMOCRATIC REPUBLIC with a president, prime minister, legislature and
judiciary…TRNC is NOT VULNERABLE to a lawsuit in Washington”
The news of the Court decision (13.10.2014):http://www.courthousenews.com/2014/10/13/72392.htm
Page of the Court case: http://dockets.justia.com/docket/district-of-columbia/dcdce/1:2009cv01967/139002 (Note the Defendant: Turkish Republic of Northern Cyprus!);
Decision of the Court: http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2009cv01967/139002/53
USA Federal Court (09.October.2014): “Turkish Republic of Northern Cyprus is a democratic country”
“Although the United States does not recognize it as a state, the TRNC purportedly operates as a DEMOCRATIC REPUBLIC with a president, prime minister, legislature and
judiciary…TRNC is NOT VULNERABLE to a lawsuit in Washington”
The news of the Court decision (13.10.2014):http://www.courthousenews.com/2014/10/13/72392.htm
Page of the Court case: http://dockets.justia.com/docket/district-of-columbia/dcdce/1:2009cv01967/139002 (Note the Defendant: Turkish Republic of Northern Cyprus!);
Decision of the Court: http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2009cv01967/139002/53
4. UNITED KINGDOM'S HIGH COURT (03.02.2017): "THERE WAS NO DUTY IN UK LAW UPON THE GOVERNMENT TO REFRAIN FROM RECOGNISING NORTHERN CYPRUS"
It also stated: "The United Nations itself works with Northern Cyprus law enforcement agencies and facilitates cooperation between the two parts of the island."
http://www.telegraph.co.uk/news/2017/02/03/criminals-fleeing-british-justice-can-no-longer-use-cyprus-safe
http://www.telegraph.co.uk/news/2017/02/03/criminals-fleeing-british-justice-can-no-longer-use-cyprus-safe
High Court judges dismissed a challenge ... that co-operation between UK police and law agencies in northern Cyprus was illegal.
http://ambamarblearch-media.com/sites/default/files/dpp_files/TT.pdf
page 6.
5. THERE IS “NO PROHIBITION” ON DECLARATIONS OF INDEPENDENCE IN INTERNATIONAL LAW
The President of the Int’l Court of Justice (ICJ) Hisashi Owada, 2010: “International law contains “NO PROHIBITION” on declarations of independence.”
6. NORTHERN CYPRUS BEING A COUNTRY IS NOT DISPUTED
Northern Cyprus being a country is not disputed. The definition of “country” is bigger than whether being a UN member or not. There are countries that are not member of UN. See, “country” definition in WP: A country is a region identified as a distinct entity in political geography. A country may be an independent sovereign state or one that is occupied by another state, as a non-sovereign or formerly sovereign political division, or a geographic region associated with sets of previously independent or differently associated peoples with distinct political characteristics.
Northern Cyprus being a country is not disputed. The definition of “country” is bigger than whether being a UN member or not. There are countries that are not member of UN. See, “country” definition in WP: A country is a region identified as a distinct entity in political geography. A country may be an independent sovereign state or one that is occupied by another state, as a non-sovereign or formerly sovereign political division, or a geographic region associated with sets of previously independent or differently associated peoples with distinct political characteristics.
That’s why, even the sources from United Nations (UN) cite Northern Cyprus as a different country: World Happiness Report 2015 of United Nations’ Sustainable Development Solutions Network (SDSN) ranked Northern Cyprus 66th among 158 countries, directly above the Republic of Cyprus, which was ranked 67th. UN SDSN World Happiness Report 2015 p.27: 2012-2014 country rankings:http://worldhappiness.report/wp-content/uploads/sites/2/2015/04/WHR15.pdf
United Nations’ (UN) Sustainable Development Solutions Network (SDSN) World Happiness Report 2016:
http://5c28efcb768db11c7204-4ffd2ff276d22135df4d1a53ae141422.r82.cf5.rackcdn.com/HR-V1_web.pdf
See “Figure 2.2: Ranking of Happiness 2013-2015 (Part 2)”
North Cyprus: 62th among 157 countries (1:best, 157:worst)
(South, Greek) Cyprus: 69th among 157 countries.
http://5c28efcb768db11c7204-4ffd2ff276d22135df4d1a53ae141422.r82.cf5.rackcdn.com/HR-V1_web.pdf
See “Figure 2.2: Ranking of Happiness 2013-2015 (Part 2)”
North Cyprus: 62th among 157 countries (1:best, 157:worst)
(South, Greek) Cyprus: 69th among 157 countries.
In 2015: North Cyprus: 66th; Cyprus: 67th.
The difference between Northern Cyprus and Cyprus is getting bigger and bigger.
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