Declarações
Reservas
Artigos: 34, 54, 55, 60
Declarations:
07-10-2016
1. Turkey declares that her signing/ratification of the “Convention on jurisdiction, applicable law,
recognition, enforcement and co-operation in respect of parental responsibility and measures
for the protection of children” neither amounts to any form of recognition of the Greek Cypriot
Administration’s pretention to represent the defunct “Republic of Cyprus” as party to the
“Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in
respect of parental responsibility and measures for the protection of children”, nor should it
imply any obligations on the part of Turkey to enter into any dealing with the so-called Republic
of Cyprus within the framework of the said “Convention on jurisdiction, applicable law,
recognition, enforcement and co-operation in respect of parental responsibility and measures
for the protection of children”.
“The Republic of Cyprus” was founded as a Partnership State in 1960 by Greek and Turkish
Cypriots in accordance with international treaties. This partnership was destroyed by the Greek
Cypriot side when it unlawfully seized the state by forcibly ejecting all Turkish Cypriot members
in all the state organs in 1963. Eventually, Turkish Cypriots who were excluded from the
Partnership State in 1963 have organized themselves under their territorial boundaries and exercise governmental authority, jurisdiction and sovereignity.
There is no single authority which in law or in fact is competent to represent jointly the Turkish Cypriots and the Greek Cypriots and consequently Cyprus as a whole. Thus, the Greek Cypriots cannot claim authority, jurisdiction or sovereignity over the Turkish Cypriots who have equal status or over the entire Island of Cyprus.
2. In accordance with Article 34, paragraph 2, of the Convention, the Republic of Turkey declares that requests made under paragaph 1 of Article 34 shall be communicated to its authorities only through the relevant Central Authority.
Reservations:
1. In accordance with Article 54, paragraph 2, of the Convention, the Republic of Turkey objects to the use of French by making reservation.
2. With reference to Article 60 and in accordance with Article 55, paragraph 1, of the Convention,
the Republic of Turkey reserves:
a) the jurisdiction of its authorities to take measures directed to the protection of property of a
child situated on its territory;
b) the right not to recognize any parental responsibility or measure in so far as it is incompatible
with any measure taken by its authorities in relation to that property.