For Immediate Release
 
Contact:  Christy Stefadouros 202-225-5755

Bilirakis Asks State Department for Position on Direct Flights to TRNC

Washington D.C., July 14, 2005 - Congressman Mike Bilirakis, Co-Chair of the Congressional Hellenic Caucus, today sent similar letters to President George Bush and U.S. Secretary of State Condoleezza Rice expressing concern regarding the legality of U.S. citizens, U.S. government personnel, and Members of Congress flying directly from Turkey to the airport at Tymbou in the occupied northern part of Cyprus.  The letter also requested legal clarification on direct flights to TRNC by U.S. citizens, U.S. government personnel, and Members of Congress.  The letter also was signed by over thirty Members of Congress.

 The following text is from the Bilirakis letter:

We are writing to express our deep concern regarding the legality of U.S. citizens, U.S. government personnel, and Members of Congress flying directly from Turkey to the airport at Tymbou in northern Cyprus. 

 Most troubling, it has come to our attention that the State Department is providing de facto support for the travel of U.S. citizens, U.S. government personnel, and Members of Congress to occupied Cyprus through an airport that the country’s sovereign government regards as illegal.  We are referring to Mr. Richard Boucher’s remarks of two weeks ago when asked if such a trip were illegal or legal, he replied: “I said U.S. citizens -- U.S. personnel, even government personnel, have been allowed to fly into Ercan Airport.  There's nothing stopping them.”  We believe this to be inconsistent with international and U.S. law.

The State Department’s allowance of U.S. citizens, U.S. government personnel, and Members of Congress to fly directly into Tymbou airport does not necessarily infer legality, as the Turkish and Turkish Cypriot Airlines are the only airlines who offer that flight.  As the U.S. government never would allow members of the Cypriot House of Representatives to enter the United States through an airport that is not designated as a legal port of entry, it also should discourage U.S. citizens, U.S. government personnel, and Members of Congress from doing the same in Cyprus.

We are concerned that this position undermines U.S. policy in support of a proper solution to the reunification of Cyprus and give credence to violations of applicable norms of international law.  Accordingly, we request that the State Department clarify the legal basis for any support or encouragement that it has provided for trips utilizing the airport in occupied Cyprus.

 In our view, direct flights into occupied Cyprus are inconsistent with principles of international law and in tension with domestic law of the United States.  In particular, it is indisputable that international law mandates that flights cannot enter a country’s airspace without the consent of the sovereign government.  Indeed, the Convention on International Civil Aviation, signed in Chicago on December 7, 1944, provides that “[t]he contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory.”  The Republic of Cyprus’s sovereignty over the entire territory of Cyprus has been recognized and reaffirmed by numerous UN Security Council Resolutions as well as long-standing U.S. policy.

Section 620C of the Foreign Assistance Act of 1961, amended in 1979, separately establishes that the United States’ foreign policy towards Cyprus is to support the withdrawal of all Turkish forces from Cyprus and the reunification of the island.  Any government or congressional trip will not only derail and discourage reunification efforts, but to the contrary, will be exploited as an implicit recognition of the so-called “Turkish Republic of Northern Cyprus” by the United States, thus further reinforcing the island’s division.

It is our understanding that at no time has the Republic of Cyprus authorized flights into the illegal airports situated in the occupied area of Cyprus.  Moreover, flights into said airports are not necessary; the Republic of Cyprus encourages visits to the occupied area in a manner that does not create insurmountable legal issues and reinforce the existing division of the island. 

 We are troubled by the implication of tacit State Department authorization for any possible government or congressional trip and the resulting inconsistency with established U.S. policy towards Cyprus and the reunification of the island.  Therefore, because this is a timely issue, we would appreciate having the State Department’s legal advisors address the following points in the next two weeks.

1. Please provide any evidence that the State Department has been informed that the Republic of Cyprus has authorized direct flights into the occupied area.

2. Please provide any evidence that the State Department has been informed that the Republic of Cyprus has been divested of its sovereignty of the airspace over Cyprus.

3. Please explain how direct flights into occupied Cyprus are consistent with the Convention on International Civil Aviation (the Chicago Convention).

4. Please explain how direct flights into occupied Cyprus are consistent with UN Resolutions related to Cyprus, particularly those that call on all nations to respect the sovereignty of the Republic of Cyprus.

5. Please state and explain the State Department’s official position on U.S. Representatives and other government officials’ direct flights to the area of Cyprus that is currently under Turkish military occupation.

6. When asked by U.S. citizens, government officials or Members of Congress about travel to the occupied area of Cyprus, is it State Department policy to encourage or advise travel via legal ports of entry? 

Thank you for your assistance in this matter.  We look forward to reviewing your responses to these pressing legal issues.

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