KAPALI MARAŞ’A İLİŞKİN MÜNFERİT AYDINLATMA GİRİŞİMLERİ

Kıbrıs Rum Yönetimi tarafından uluslararası  platformda Kapalı Maraş ile ilgili  yapılan girişimler ve buna karşın KKTC Devlet Makamları ile Kıbrıs Vakıflar İdaresinin yetersiz kalıyor olması, Maraş konusunun sivil insiyatif ile  değerlendirilmesini zorunlu kılmıştır. Bu tespitten hareketle, 2003 yılında başlatılan tanıtım faaliyetleri kapsamında Kıbrıs Vakıflar İdaresinin hukuki statüsü ile Kapalı Maraş’taki mülkiyet ve tazminat hakları üzerinde durulmuş, bu bağlamda BM Genel Sekreteri, Birleşmiş Milletler Güvenlik Konseyinin Daimi Üyeleri, ABD Başkanı, Rusya Federasyonu Başkanı, Avrupa Birliğine üye ülke Başkanları, AB Dönem Başkanları ve AB organları  Kıbrıs Türk Halkının Kapalı Maraş’taki mülkiyet ve tazminat hakları konusunda aydınlatılmış; Ayrıca, İngilterede mukim Kıbrıs Türk Derneklerinin organizasyonu çerçevesinde İngiltere Parlamentosu ile Londra Üniversitesinde “Vakıflar İdaresinin Kapalı Maraş’taki Mülkiyet ve Tazminat Hakları” konulu konferanslar düzenlenmiştir.

Gönderilen tanıtım amaçlı mektuplarda yer alan konular altı başlık altında aşağıda özetlenmektedir.

  • Kapalı Maraş’ın Kıbrıs Yasalarına aykırı bir şekilde Kıbrıslı Rumlar tarafından  işgal edildiği izah edilmektedir
 Kapalı Maraş’taki mülkiyet haklarının Abdullah Paşa, Lala Mustafa Paşa ve Bilal Ağa Vakıfları temelinde Kıbrıs Vakıflar İdaresine ait olduğu,  bu hususun tapu kayıtları,  vakfiyeler ve ada genelinde geçerli yasalar ile teyit edildiği; Kapalı Maraş’taki toprağın % 99.9 oranında  hukuk kurallarına ve Kıbrıs Yasalarına aykırı bir şekilde, Kıbrıs Rum Kilisesi, Kıbrıslı Rumlara ait şirketler,  Rum okul komisyonları,  Rum Belediyesi, Merkezi Hükümet, Kamu kuruluşları ve Rum şahıslar tarafından işgal edildiği; Bu bağlamda  Kapalı Maraş bölgesindeki 4,638 dönüm 300a2 tutarındaki vakıf taşınmaz malların %99.9’unun gaspedildiği, Vakıflar İdaresinin elinde sadece 1 dönüm 2 evlek 452 a2 tutarında taşınmaz mal kaldığı hususları izah edilmektedir.

  • Vakıf hükümlerinin 1571 yılından itibaren ada genelinde geçerliliğini koruduğu vurgulanmaktadır
Mülkiyet hakkının dayandığı hukuki zemin üzerinde durulmakta, bu bağlamda vakıf hükümlerinin 1571 yılından itibaren Kıbrıs hukuk sisteminde özel statü ile yer aldığı ve 1960 Anayasası ile tanındığı; Ada genelinde geçerli anayasal ve yasal hükümlere göre vakıfların hiçbir şekilde feshedilemeyeceği, içeriklerinin ve statülerinin  değiştirilemeyeceği, hiçbir şart altında elden çıkarılamayacağı,   sonsuza dek yaşatılmaları  gerektiği ve  vakıf hükümlerinin mahkeme kararları ile teyit edildiği hususlarında bilgi verilmektedir.

  • Hukuk kurallarına aykırı bir şekilde gaspedilmiş Vakıflardan  kaynaklanan tazminat hakkına dikkat çekilmektedir
20. yüzyılın başlarındaki gasp ve işgal göz önünde bulundurulduğu takdirde Vakıflar İdaresi adına tahakkuk etmiş tazminat hakkının önemli boyutlara ulaştığına dikkat çekilmektedir.

  • Kapalı Maraşın  Vakıflar İdaresi tarafından geliştirilecek masterplan çerçevesinde inşa edilmesi üzerinde durulmaktadır
Kapalı Maraş bölgesinin yerleşim dışında olması nedeniyle sosyal, ekonomik ve çevre sorunlarına neden olduğu, bu bağlamda, Vakıflar İdaresi tarafından hazırlanacak yatırım planı çerçevesinde Kapalı Maraş’ın Turizm-Ticaret merkezi olarak yeniden inşa edilmesi üzerinde durulmaktadır.

  • Kapalı Maraş ile ilgili Güvenlik Konseyinin  550 (1984) sayılı kararı değerlendirilerek mülkiyette hukukun üstünlüğü ilkesine dikkat çekilmektedir
Bu bölümde, mülkiyet hakkı ile ilgili olarak hukukun üstünlüğü ilkesine dikkat çekilmektedir.  
  •  Vakıflar İdaresinin mal sahibi sıfatıyla Kapalı Maraşı tasarrufuna alma hakkına sahip olduğu vurgulanmaktadır
Hukuki kurallar ve hukukun üstünlüğü ilkesi çerçevesinde, Vakıflar İdaresinin, Kapalı Maraşın asli mal sahibi sıfatıyla Kapalı Maraş bölgesindeki mülkiyet ve tazminat haklarını kullanmak üzere gerekli adımları atma hakkına sahip olduğu vurgulanmaktadır.
 
MÜNFERİT AYDINLATMA GİRİŞİMLERİNE İLİŞKİN DÖRT ÖRNEK
1-BM Genel Sekreterleri Kofi Annan’a gönderilen 22 Ağustos 3003 tarihli; ve Ban Ki-moon’a gönderilen 11 Eylül 2009 tarihli mektuplar
2-BM Genel Sekreteri Kıbrıs Özel Danışmanı Alexander Downer’e gönderilen 23 Eylül 2013 tarihli mektup
3-AB’nin Genişleme ve Komşuluk Politikasından Sorumlu Komiseri Stephan Füle’ye gönderilen  1Mayıs 2013 tarihli mektup
4-ABD Dışişleri Bakanı John F. Kerry’e gönderilen 20 Mayıs 2013 tarihli mektup

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Ban Ki-moon
Secretary–General of the United Nations

 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

H.E. Ban Ki-moon
Secretary–General of the United Nations
New York.

​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 irrevocablevakf 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

Alexander Downer
Special Adviser of the United Nations Secretary-General on Cyprus

 23 September 2013  

Your Excellency,

It has come to my attention that the Foreign Minister of the Greek Cypriot Administration Mr. Ioannis Kasoulides who purports to be the “ Foreign Minister of the Republic of Cyprus” is reported to have said that Cyprus might lift the blockade on chapters in Turkey’s negotiations with the European Union provided that Varosha is returned to the United Nations. In this connection, I would like to bring to your kind attention the historical and legal facts surrounding Varosha /Maraş.

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

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.
  • The foundations are irrevocable, perpetual and inalienable

H.E. Mr. Alexander Downer
Special Adviser of the United Nations Secretary-General on Cyprus

​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 accumulated a strong net worth base for Evkaf  Foundation.

Entrenched Provisions of Ahkamül Evkaf                                                      
Evkaf Foundation is administrated in accordance with a special set of rules and principles known as “Ahkamü’l-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 Constitution of Cyprus 1960 and the Laws of Cyprus uphold the basic principles of vakf irrevocablevakf 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 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 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 Varosha/Maraş. With respect to the supremacy of the rule of law, we insist on priority to be given to 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 created hot spots in social, economic and environmental terms.
As such, an investment master plan has been proposed aimed at the following goals and benefits:

  • 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, Evkaf Foundation has the right to take 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”

Stephan Füle
European Commissioner for Enlargement and Neighbourhood Policy

 1st  May 2013

Your Excellency,

It has come to my attention that the Foreign Minister of the Greek Cypriot Administration Mr. Ioannis Kasoulides who purports to be the “ Foreign Minister of the Republic of Cyprus” is reported to have said that Cyprus might lift the blockade on chapters in Turkey’s negotiations with the European Union provided that Varosha is returned to the United Nations. In this connection, I would like to bring to your kind attention the historical and legal facts surrounding Varosha /Maraş.

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

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.
  • The foundations are irrevocable, perpetual and inalienable

His Excellency Stephan Füle
European Commissioner for Enlargement and Neighbourhood Policy
Brussels 

​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 accumulated a strong net worth base for Evkaf  Foundation.

Entrenched Provisions of Ahkamül Evkaf
Evkaf Foundation is administrated in accordance with a special set of rules and principles known as “Ahkamü’l-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 Constitution of Cyprus 1960 and the Laws of Cyprus uphold the basic principles of vakf irrevocablevakf 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 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 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 Varosha/Maraş. With respect to the supremacy of the rule of law, we insist on priority to be given to 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 created hot spots in social, economic and environmental terms.
As such, an investment master plan has been proposed aimed at the following goals and benefits:

  • 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, Evkaf Foundation has the right to take 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”

John F. Kerry 
Secretary of State of the United States of America

 20th  May 2013
 
Your Excellency,
 
It has come to my attention that the Foreign Minister of the Greek Cypriot Administration Mr. Ioannis Kasoulides who purports to be the “ Foreign Minister of the Republic of Cyprus” is reported to have said that Cyprus might lift the blockade on chapters in Turkey’s negotiations with the European Union provided that Varosha is returned to the United Nations. In this connection, I would like to bring to your kind attention the historical and legal facts surrounding Varosha /Maraş.
 
Status of Evkaf Foundation                   
Evkaf Foundation is the umbrella organization of foundations operating in Cyprus. The history of foundations in Cyprus dates back to the year 1571, the date of establishment of Evkaf Foundation. For over four centuries, all foundation activities have been carried out by or operated within the jurisdiction of Evkaf Foundation. Evkaf Foundation has a constitutionally acknowledged status and all other foundations are under the jurisdiction of Evkaf Foundation.
 
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.
  • The foundations are irrevocable, perpetual and inalienable


H.E. Mr. John F. Kerry
Secretary of State of the United States of America
U.S. Department of State
2201 C Street NW
Washington, DC 20520

U.S.A.


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 accumulated a strong net worth base for Evkaf  Foundation.
                                                                                                                                 
Entrenched Provisions of Ahkamül Evkaf
Evkaf Foundation is administrated in accordance with a special set of rules and principles known as “Ahkamü’l-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 Constitution of Cyprus 1960 and the Laws of Cyprus uphold the basic principles of vakf irrevocablevakf 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 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 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 Varosha/Maraş. With respect to the supremacy of the rule of law, we insist on priority to be given to 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 created hot spots in social, economic and environmental terms.
As such, an investment master plan has been proposed aimed at the following goals and benefits:
  • 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, Evkaf Foundation has the right to take 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”