Kulaksiz 5 Update

It’s been two months since our last posting, and unfortunately, there isn’t much to tell.  The residents of Kulaksiz 5 are still very much in limbo.

On 6^th June, there was another court hearing with regards to the interim injunction sought by Kulaksiz 5.  Rather than boring you with all of the details of this hearing, the brief synopsis is the case was heard without the presence of all of the members of Kulaksiz 5, and just the judge, the representative of the bank, the Kulaksiz 5 representative and the lawyers were the only ones present. The case resumed that afternoon and the builder stood as a witness for the Kulaksiz 5 residents.  He confirmed that the villas were built at the time the mortgage was taken out.

A further hearing on the 14^th allowed more witnesses to come forward for Kulaksiz, once again, all able to confirm the villas were built. This was then adjourned until the 17^th.  On the 17^th, the bank arrived with a witness, and as the lawyer for Kulaksiz 5 cross examined the witness, the lawyer for the bank appeared extremely agitated and continuously objected to the questions asked.  The judge ignored his objections until the lawyer made signs that he was feeling unwell.  At this point, the case was once again adjourned.  The next hearing will be on 30^th June.  Unfortunately, as the lawyers have pointed out, whoever loses this case will more than likely appeal to the High Court and therefore this could drag on for years without resolution.   

As previously reported, Akfinans Bank have taken control of two empty villas on the site.  Bear in mind that whilst these properties may be empty, they were still paid for by British nationals.  One of the villas has been renovated and CCTV cameras have been placed around the entire property, and the positioning of these gives absolutely no regard to the privacy of the neighbouring villa.  It does appear that the people moving into this villa are Turkish Cypriots/Turkish nationals, possibly with connections to the bank, however I cannot offer any confirmation of this at this current time.  I can report that the electricity meter has been covered and locked and the bank have informed the other residents that they will not be contributing to the electricity bills, meaning if the other residents do not cover the payments, the whole site will be cut off.  The other villa is being occupied by workmen and over the last few weeks numerous people have been taken for viewings of this villa.  It also appears that whilst the residents were in court yesterday, the workmen entered the grounds of an empty villa and used their water supply.  There appears to be no regard whatsoever for the victims and their property, but we already knew that!

The residents of Kulaksiz 5 are having to put up with workmen on site constantly. The road is in an awful state, and the pavement is cluttered with new paving stones.  There are potholes in the road and piles of rubbish covering the pavement outside one of the villas.  Combine this with the fact that the swimming pool of the recently renovated villa is leaking (the workmanship out there really does leave a lot to be desired!) and the area outside Bob and Jan French’s villa is quite lethal.  Not content with the rubbish being enough of a nuisance, for an entire week a JCB was parked outside their villa for over a week for no apparent reason. 

The blog may have been quiet, but we have not been quiet in our correspondence with the UK Government.  Unfortunately we have been unlucky in getting any media interest for this case, but it does seem our contact with the UK Government has stirred up feelings.

We firstly contacted Mark Hoban, Bob and Jan French’s local MP who wrote back advising he had contacted David Lidington MP and below is the text from Mr Lidingtons correspondence.

I am sorry to hear about the problems Ms French’s in-laws are experiencing.  We are aware that many British nationals face property problems on the island and clearly for those who encounter difficulties, it is a very distressing experience.  We continue to be committed to pressing the authorities in Northern Cyprus to improve the way in which their legal processes respect human rights and protect foreign investors.  Our High Commissioner in Cyprus does raise the general issue of property problems with the authorities in the north whenever there is a suitable opportunity.  I will also raise the property issue when I visit Cyprus. 

We are not able to become involved in individual cases of property disputes or become involved in steps to recover any capital outlay in respect of individual property deals that have gone wrong.  Many thousands of British nationals are involved in criminal an civil cases around the world every year and we simply do not have the resources nor the legal powers to judge the merit of such cases.

I would encourage Ms French’s in-laws to engage an independent lawyer, who will be best place to advise on rights and methods of redress.  The High Commission in Nicosia maintains a list of English speaking lawyers which can be accessed at www.ukinturkey.foc.gov.uk/en/help-for-british-nationals/when-things-go-wrong/if-you-need-lawyer Please note the disclaimer

The Rt Hon David Lidington MP

We also contacted No.10 Downing Street and received a letter back advising that they have also passed our comments to the Foreign Office.

After the visit from the TRNC foreign minister to the House of Lords, we contacted Baroness Hussein-Ece and here is her response:

Thank you for taking the time to write to me about this very distressing case.

I'm truly sorry that your family have had such a difficult experience.
I have had other representations, and have tried to raise these with the TRNC government, as have others.

I have sent a copy of your email to representatives in the TRNC, and have asked for a response as to what they are doing to address these injustices.
Although I have no remit, I will do what I can to keep raising this issue with people who in my view, should be taking some responsibility.

I will let you know if I receive any replies.

Best regards


Baroness Hussein-Ece OBE
House of Lords
London SW1A 0PW
ecem@parliament.uk

We haven’t had any further correspondence ourselves with Baroness Hussein-Ece, but she has had contacted with residents through a facebook group “Stop the blackmail in North Cyprus”

"I haven't posted anything on this site, but have been following with interest. Last week I met TRNC PM, Mr Kucuk, and over lunch in the House of Lords, I impressed upon him how his government needs to urgently resolve this unacceptable scandal. Lord Maginnis was also present, and he has also making efforts to impress upon those in power, that they must act. I told him that innocent victims, British people who have chosen to live with Turkish Cypriots, should not be subjected to this appalling treatment and dragged through the courts, quite apart from damaging the reputation of all Turkish Cypriots. I was assured that he would take back my request, and make every effort to do what he could. I think he understood my message very clearly! We'll wait and see. In the meantime, keep up your excellent campaign. Justice is on your side. Best wishes, Baroness Meral Hussein-Ece"

I ask you all to join this group (North Cyprus Property Hell) http://www.facebook.com/#!/home.php?sk=group_192907590747891&ap=1

And join the growing support for not only the Kulaksiz 5 residents, but for everyone who is facing similar property problems in North Cyprus.

A few residents had their eviction hearings on the 17^th and the judge has adjourned these until 30^th November as the main case needs to reach a resolution first.  This allows the residents to breathe a small sigh of relief, that for now, the threat of immediate eviction has been removed.

I know the Kulaksiz 5 residents would like to thank you for your continued support, it really does mean a lot to know there are people around the world supporting them.