KAPALI MARAŞ’A İLİŞKİN MÜNFERİT AYDINLATMA GİRİŞİMLERİ

 11th September 2009        
Your Excellency,

It has come to my attention that the leader of the Greek Cypriot Administration of Southern Cyprus, Mr. Demetris Christofias, who purports to be the “President of the Republic of Cyprus” has written to Your Excellency a letter demanding the restitution of Maraş (Varosha) to Greek Cypriots in accordance with the Security Council Resolution 550. In this connection, I would like to bring to your kind attention the historical and legal facts surrounding Maraş (Varosha).

Status of the Evkaf Foundation                        
The Evkaf  Foundation is the umbrella organization of all foundations operating in Cyprus. The history of foundations in Cyprus dates back to the year 1571, which is the date of the establishment of the Evkaf Foundation. For over four centuries, all foundation activities have been carried out by, or operated within the jurisdiction of the  Evkaf  Foundation. The Evkaf  Foundation has a  constitutionally acknowledged status and all other foundations are under its jurisdiction.

The philosophy of  Evkaf originates from the foundation principle which is defined as “…. the ad infinitum dedication of property for philanthropy”. All foundations operate within a special contract (Deed of Dedication) which embodies the following basic terms.

• All foundations should have a specific and useful purpose for humanity and public benefit.
• The status of the dedicated property cannot be changed. As such, the properties of foundations are protected against such transactions as sale, expropriation, nationalization etc.
• The subject matter of the foundation contract cannot be altered unilaterally even by the founder and, hence, the irrevocable nature of the foundations is confirmed.
• Foundations are irrevocable, perpetual and inalienable

The foundation endowment has originated from dedications made in accordance with foundation rules and principles. The ongoing process of dedications for over four centuries has led to the accumulation of a strong net worth base for the Evkaf  Foundation.

Entrenched Provisions of “Ahkamül Evkaf”                                                                                                                         
The Evkaf  Foundation is administrated in accordance with a special set of rules and principles known as “Ahkamül Evkaf” (Foundation Rules and Regulations).

Ahkamül Evkaf provisions (Foundation Rules and Regulations) are entrenched provisions of the Cyprus Constitution, {Article 110 (2) and 23 (10)}. These provisions have been part of the legal system of Cyprus since 1571.  Particularly, the 1960 Constitution of Cyprus  and the Laws of Cyprus uphold the basic principles of vakf irrevocable, vakf in perpetuity and vakf inalienable. According to these provisions no one can obtain the ownership (title-deed) of any vakf immovable property under any pretext or on any ground.

There is a legal precedent on this issue; viz. In 1958 the Larnaca District Court of the Colony of Cyprus, composed of Greek Cypriot judges in Tersefan action (namely Mina Sylvestrou and others  v. The High Council of Evkaf) approved the principles of Ahkamül Evkaf and this decision was upheld on appeal by the Supreme Court of Cyprus.

Ownership Rights of Evkaf Foundation
According to the following deeds of dedication, the Evkaf Foundation is the owner of Maraş (Varosha).

• Deeds of Dedication of Abdullah Paşa registered on  27/7/1748 ;  22/12/1748; 10/11/1749  and  6/6/1750.
• Deed of Dedication of Lala Mustafa Paşa registered on 10/5/1579.
• Deeds of Dedication of Bilal Ağa registered on 7/4/1818 and 14/2/1821.

The total area belonging to the above mentioned vakfs is 4,638 donums, 300 sq.ft. The ownership rights of the Evkaf  Foundation are also confirmed by 3,121 title deeds issued at the begining of the 20th  century by the Land Registry Office which by 1974 had increased to 6,224 through the process of division.

Relevance to and compliance with the Security Council Resolution 550(1984)
The Security Council Resolution 550 (1984) recognizes the rights of inhabitants of Maraş (Varosha). With respect to the supremacy of the rule of law, we insist on priority to be given to the Evkaf  Foundation as the legal owner of  Maraş (Varosha).

Illegal Occupiers of Maraş (Varosha) as at the year 1974
Vakf properties in Maraş  (Varosha) were usurped at the begining of the 20th century. Out of 4,638 donums and 300 sq.ft. of vakf land only 1 donum, 2 evleks and 452 sq.ft. has been spared. The illegal occupiers as at the year 1974 are summarised below:

Accrued Compensation Rights of Evkaf Foundation
As at the year 1974 Maraş (Varosha) was the richest settlement  island-wide boasting 10,000 hotel bed capacity, thousands of commercial, residential, administrative and cultural properties.                                                                                                                              

Considering the date of usurpation of vakfs properties in early 20th century, the accrued compensation rights of Evkaf Foundation have accumulated to huge amounts.

Revitalization Plan for Maraş (Varosha)
Lack of settlement of Maraş (Varosha) has led to social, economic and environmental problems.
An envisaged investment master-plan aims at the;

• Construction of 15,000 hotel beds,
• Construction of 5,000 commercial units,
• Creation of 15,000 jobs which will mitigate the unemployment problem plaguing the economy.                                                                                                            

Conformity to the Supremacy of the Rule of Law
Given the above mentioned facts and in conformity with the rule of law, the Evkaf Foundation has the right to take the appropriate steps to exercise the Foundation’s ownership rights in Maraş (Varosha).

Please accept, Excellency, the assurances of my highest consideration.

Taner Derviş
Former Director- General of Evkaf Administration
Founder of the Association entitled “Protection of Property and Compensation Rights of the Turkish Cypriots”