Ball in the courtrooms became ELDYKarios, heroes of the invasion who laid down their lives in Cyprus, in the days of the black invasion of 1974. According to protothema.gr state and Justice devalue the heroes and after 18 years of court struggle, the Council of Territory asks them to start from the beginning by applying to the Court of First Instance.
Forty-seven years after the invasion of Megalonisos, the Greek soldiers who served there to defend the Cypriot and consequently Greek territories, are still dragged to the Greek courts, claiming the obvious, what the homeland did not do for many years, to to recognize the military service in Cyprus, until the issuance of law 2641/1998 which, although it recognized their military service, leaving a large gap of 24 years (from 1974 to 1998) of non-recognition.
The heroes of Cyprus who have appealed to the courts can not be vindicated, as Justice tells them when the administrative and when the civil courts are competent. The Administrative Courts of First Instance and the Court of Appeals award damages for non-pecuniary damage and at the same time the Council of State tells them that the civil courts have jurisdiction and to go there again to claim damages.
The highlight is that at the same time the Greek State is asking the people who proposed their breasts to "Attila" to return the compensation in case a court had declared a provisionally enforceable decision and had ordered the payment of part of the total compensation it had awarded.
Ten Greeks, mostly infantrymen, from 20/7/1974 to 20/8/1974, were serving their military service in Cyprus, where they had been sent by the Greek Army to reinforce the Greek Cypriot forces and took part in military operations against the Turkish invasion of Megalonisos. Their presence there is even confirmed by the General Staff of the Army.
The Education
In 2003, therefore, they filed a lawsuit against the State in the Administrative Court of Athens, claiming that, although they fought against the Turks in Cyprus by order of authorized officers of the Greek state, the State refused to recognize their military service there from the end of 1974 to the issuance of law 2641/1998, when it was finally recognized. They claimed that their personality and reputation had been insulted (moral damage) and that this omission of the State had violated the European Convention on Human Rights.
In fact, this moral damage was aggravated by "the fact that a portion of the Greeks consider them as participants in the coup against the legitimate government of Cyprus." Thus, they claimed 200.000 euros with the legal interest on arrears, as monetary satisfaction for the restoration of their moral damage.
Indeed, the Administrative Court of First Instance of Athens ruled that the ten "suffered a severe insult to their personality by being illegal as opposed to respecting the value of man which is, according to article 2 par. 1 of the Constitution, a primary obligation of the Greek State, omission of the latter to make the necessary legislative regulations for 24 years, in order to characterize the period July - August 1974 as warlike for the Greek Forces that participated in the repulse of the Turkish invasion in Cyprus ". And awarded each one the amount of 100.000 euros as monetary satisfaction.
The Appeal
The State appealed to the Administrative Court of Appeal against the first instance decision, which in 2011 ruled that this omission of the State "was illegal as contrary to respect for the value of man, which, according to article 2 par. 1 of the Constitution, is primary obligation of the State ".
The appellants also pointed out that the participants "in these military operations, fulfilling their supreme obligation as Greek citizens, expected that their offer would be recognized at least by the coordinated State and would not be ignored or concealed" and ratified the amount as compensation. of 100.000 euros awarded to them.
Again, the State filed an appeal with the Court of Appeals against the appellate decision. Ten years after the State's appeal, the State Councilors ruled that the reasonable time in which the ten citizens could claim their claims in the administrative courts had expired and that "the civil courts now have jurisdiction".
In other words, 47 years after the invasion of Cyprus, 24 years after the partial recognition by the Greek state of their military service in Cyprus, 18 years after the filing of the lawsuit in the Court of First Instance and 10 years after the stay of the appeal in the SC against of the Court of Appeal, the State Counselors now say to those who fought in Cyprus against the invader: "Start from scratch in the civil courts" (Court of First Instance).
The absurdity
As if all this were not enough, the State asked the CoC to return the amount of compensation that had probably been temporarily awarded to them. The State Counsel rejected the request, as it did not appear that part of the compensation had been given, noting: "If the appeal is accepted, the refund of the amount that had been paid under the appealed decision is ordered, if this was requested with the appeal" .
Source: protothema.gr