The Tsimpedes Law Firm has launched a lawsuit against the so-called “TRNC” as a commercial enterprise and the HSBC bank.
The lawsuit has been filed with the Court with various motions and oppositions filed challenging the jurisdiction of the court. We are waiting for jurisdiction to be confirmed. The progress and procedures to date can be tracked in the case docket which can be downloaded here: Case Docket
How is this relevant to non-US citizens?
American courts allow foreign nationals to sue in the United States, even if they do not live in the US.
How many people have joined so far?
Over 1000 citizens and/or residents of the US, Canada,Greece, UK, Australia, South Africa and the Republic of Cyprus (ROC) have already been included to the lawsuit, in addition to Communities and companies.
How can the occupation regime be sued in the US?
The illegal Turkish occupation regime “operates” in the US under the self-styled trade name “TRNC”, its staff enters the US with business, not diplomatic, visas. This unlawful commercial enterprise “sells” the illegally expropriated Greek Cypriot properties in the illegally occupied territories of the Republic of Cyprus (ROC) with false titles and its profits from these sales are processed through the HSBC bank plc.
Why was Turkey temporarily removed as a Defendant?
According to international law, Turkey is ultimately responsiblefor its puppet illegal occupation regime. The removal of Turkey at the initial stages is tactical. It continues to be our intention to re-add Turkey at the appropriate stage.
What are the chances of the outcome being positive?
US Courts have already condemned the occupation regime in the Church of Cyprus v Goldberg case. The European Court of Justice (ECJ) ruling (Apostolides v Orams) in 2009, inter alia, accepts that the courts ofthe ROC have jurisdiction to protect property rights in the illegally occupied
areas despite the fact that the ROC cannot exercise effective control in thoseareas since 1974. In this case the ROC courts reaffirmed the undeniable rightof Greek Cypriots to their properties in the occupied areas and the illegality of the “exploitation” of these properties.
At what stage is the lawsuit?
The lawsuit has been filed with the Court and we are waiting for jurisdiction to be confirmed. The court has jurisdiction of our case, both the facts and the law strongly prove that jurisdiction exists. What has happened is that the illegal regime is arguing that the court should release it because it claims to be a State and is making false statements about its US presence to escape the lawsuit. We have disproven both assertions in our motion.
On the 26 October a status conference was held with both the so-called “TRNC” and HSBC. A status conference is where administrative
issues and legal ones can be raised and/or calendared.
HSBC asserts that as the parent it is not responsible for the actions of its subsidiaries in Turkey or the occupied areas. Our response together with the current Senate investigation into money laundering by HSBC clearly sets out why they are liable.
We are waiting for jurisdiction to be confirmed.
Is the lawsuit a Class Action?
Our lawsuit is currently not a Class Action. Once jurisdiction is confirmed we will apply for the case to be certified as a Class Action. If certified, the compensation due to those original claimants will be assessed on an individual basis, the other claimants will be left to a “collective pool” of compensation claimed through procedures to be determined at a later time. If not certified, the lawsuit is unaffected.
The benefits of certifying the lawsuit as class action are that it will technically and legally overrule the Demopoulos decision. It
will rightfully inform the public of the false marketing of the Turkish Trojan Horse (”TTH”) aka the “IPC” established illegally in the occupied areas and (was and continues to be) advertised as the only avenue to follow in the legal field.