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North Cyprus Law | CAC’s Pembe Ibrahim is Not Qualified in the TRNC

North Cyprus Law | CAC’s Pembe Ibrahim is Not Qualified in the TRNC
Hak Hukuk

Reply to CAC etc…

Law is a system of rules a society sets to maintain order and protect harm to persons and property . In other words if there wasn’t something called law then it would be impossible to maintain order and protect people from unjust harm by other people etc. In the TRNC there are thousands of pages of laws and/or rules. These laws are written by legislators, enforced by the police etc and supported by the Courts and the prison system. But as I have said on many occasions before, you can’t win without a fight and if you don’t fight in the right way. Qualified, honest and professional Advocates, which are one of the three parts (legs) of the TRNC Judiciary or Courts, after a slight research depending on the case, would know when and where to use the law in other words they would know how to fight and fight in the right way which is the reason they are retained. As most of you know I have written an article on defamation (libel and slander) in civil cases before (see free legal advice north Cyprus FaceBook group page files). In civil cases you would receive compensation (money) for the damage which have occurred from the defamation whereas in Criminal cases the person which has committed the offence of defamation might be imprisoned and/or fined. You can take both actions against a person which has defamed you or you can choose one, but is defamation (libel) also a criminal offence in the TRNC Cyprus?

The answer would be YES. According to the Criminal code of the TRNC, any person who, by print, writing, painting effigy, or by any means otherwise than solely by gestures, spoken words, or other sounds, unlawfully publishes any defamatory matter concerning another person, with intent to defame that other person, is guilty of the misdemeanour termed libel. A matter is defamatory which imputes to a person any crime, or misconduct in any public office, or which is likely to injure him in his occupation, calling or office, or to expose him to general hatred, contempt or ridicule.

Every person who publishes or threatens to publish any defamatory matter concerning any other person, or directly or indirectly threatens to print or publish or directly or indirectly proposes to obtain from printing or publishing, any matter or thing touching any other person, with intent to extort any Money, or security for Money, or valuable thing from such or any other person , or with intent to induce any person to confer or procure for any person any appointment or Office of profit or trust, is guilty of a misdemeanour and is liable to imprisonment for any term not exceeding three years.

Of course this doesn’t mean that you can’t write anything about anybody. There are exceptions to most general rules. In other words a defamatory matter can be privileged at times and according to the criminal code a publication of defamatory matter is privileged, inter alia, on condition that it was published in GOOD FAITH.

Well what is ‘’Good Faith’’ according to the said Law?

A publication of defamatory matter shall not be deemed to have been made in good faith by a person, within the meaning above, if it is made to appear either-

a) That the matter was untrue, and that he/she did not believe it to be true; or

b) That the matter was untrue, and that he/she published it without having taken reasonable care to ascertain whether it was true or false; or

c) That, in publishing the matter, he acted with intent to injure the person defamed in a substantially greater degree or substantially otherwise than was reasonably necessary for the interest of the public or for the protection of the private right or interest in respect of which he/she claims to be privileged.

One of the differences between civil defamation and criminal defamation is that civil defamation has a time limit to take legal action or proceedings of 5 years, which I have written about in a previous article, whereas criminal defamation has NO TIME LIMIT TO TAKE LEGAL ACTION.

As you can see from the above it is a criminal offence to write and publish anything which is not true about anybody and which also is likely to injure there occupation, calling or Office. Of course if that occupation is a legal occupation. I didn’t want to write what I have written below but I think it is now my duty to do so. I don’t want people to misunderstand what I have written below or get me wrong but this is only a reply and warning to Pembe Ibrahim also known as Pembe Yilmaz working for or as Citizen Advice Cyprus and her friends which think alike. This is going to sound something like what Sultan Suleyman the magnificent wrote in his letter to the French king but here it goes.

As an Advocate which has dealt with the Law and studied it since 1996 and which has obtained a degree in Law in the year 2000 from a Law faculty at a university, with a four year course, and finalised his one year military service in northern Cyprus and which has finalised one year as a trainee advocate and passed the TRNC Bar examinations and became an Advocate or called to the bar in the TRNC officially and legally in October 2002 and which has worked for two well known honest Law Firms and then for the TRNC Attorney General’s Office in 2003-2004 and which has been active in the drafting of many laws which were to be used in a settlement to the Cyprus Problem and which has established his own Law Office or firm in 2004 and has been working as a professional Advocate legally since that date and which has done many and all types of Court cases and has been through Court hearings more than the percentage of most other advocates in the TRNC have and has achieved many successes and as a man with very good knowledge of the Law not only in the TRNC but most of the world and which can use both Turkish (Ottoman) and English languages fluently I can say that, Pembe Ibrahim also known as Pembe Yilmaz etc which holds a para-legal certificate which does not qualify in the TRNC and which almost doesn’t know anything about the TRNC Legal system and/or law (s) and from what you shall read below is giving out and taking Money from people for legal advice illegally and trying to take percentages off an Advocate for referring a client to him (on the third occasion after I met her she asked me for 35% of my fee to refer a client to me and I haven’t spoken or seen her since), has committed an offence of libel against me for no reasonable reason. Unlike Pembe and some of her friends I am a man of Law and I have the legal and official qualifications and knowledge to give advice and get paid for it. Whether I get paid for it or not is my decision. It is not advertising to give out legal advice and information and/or write articles for free and/or be friends with people anywhere (FaceBook – I have never begged anybody in my life)) and what I have done and shall continue to be doing is legal for someone with my qualifications. I think that if Pembe and some of her friends was to know me properly or if she would have done a good search about me she wouldn’t have written about me in a bad way. Why do I say that what Pembe and/or Citizens advice Cyprus is doing is illegal?

In the TRNC to be an expert and have specialized knowledge about the Law, you would need to have a Law Degree from a University, and to be able to practice Law professionally, in other words to be an Advocate and/or to be a qualified person in the said profession and I think to be able to give out legal advice etc, you would need, inter alia, to have a Law Degree from a University (recognised) or be a Barrister in the UK (which would need a university degree beforehand to obtain), completed one year as a trainee advocate and pass the bar examinations.

According to the Criminal Code of the TRNC;

‘’ Any representation made by words, writing or conduct, of a matter of fact, either past or present, which representation is false in fact, and which the person making it knows to be false or does not believe to be true, is a false pretence.’’

‘’Any person who by means of any fraudulent trick or device obtains from any other person anything capable of being stolen or induces any other person to deliver to any person money or goods or any greater sum of money or greater quantity of goods than he would have paid or delivered but for such trick or device, is guilty of a misdemeanour, and is liable to imprisonment.’’

Pembe Ibrahim is not qualified in the TRNC and she knows it therefore for her to give legal advice and/or to deal with legal issues in anyway, which is the occupation and duty of a lawyer/advocate, is out of the question and I think it is illegal because she doesn’t have the knowledge and qualifications recognised in the TRNC and she knows it. In other words she can not do the duty of an advocate and give legal advice etc and if she does it is illegal and I think she can get imprisoned or fined for it if an official complaint has been put against her. If what she does is legal would there be a need to study and graduate from a university and then be a trainee advocate for one year and then pass the bar examination which is in Turkish. I wish it was then I wouldn’t have wasted my best years in life working to become the man I am…

If she can prove that one word in this article is not the truth and proves that the bad things or defamation she has and might say about me is true then I am prepared to go to prison and compensate her. But if she can’t prove anything and she carries on writing things about me which are not true I shall be taking legal actions against her as I have explained above… I know her and her friends which think and act alike have read this article and next time, if there is one, I shall not comment or write an article about it and I shall only take legal actions therefore I would appreciate it if this has been taken as a warning. Thank you.

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