Dear Mr.Minister,

I regret that due to pressing government negotiations here in Turkey, I was unable to join with you and colleagues at the NATO Foreign Ministers' Meeting in Sintra. I look forward to meeting with you once again in the near future and having the opportunity to discuss common concerns and some of the important joint efforts of our two states, including Northern Watch and the Ankara Process, which continue to bring stability and protection to the population of Northern Iraq.

The Republic of Turkey and the United Kingdom have long had close and fruitful relations, politically, militarily and commercially. This includes our successful 45 year partnership through NATO and the extensive investments and facilities of leading British companies in Turkey, which have increased under Customs Union Agreement.

One of the unique aspects of our relationship is our involvement in the nearly 40 year-old complex modern history of Cyprus. We believe that it is time for all parties to make special efforts to establish a process that can bring a truly stable and secure resolution to this difficult situation.

That is why we are supporting the initiative of the U.N. Secretary-General to sponsor face to face negotiations this summer between the two community leaders. We are also grateful for the efforts in this regard of Sir David Hannay on behalf of your Government.

As you well know, our two Governments, along with Greece, were parties to the 1959 negotiations resulting in a series of important agreements in 1960, including the Treaty of Guarantee, which imposes certain mutual obligations on the three guarantor states. It is also on the basis of the relevant agreements that the U.K. retains its base areas in Cyprus.

By its specific language and clear intent, the 1960 Treaties, including the Treaty of Guarantee, established and guaranteed the agreed-upon bi-communal government structure as well as ensuring that the interests of Greece and Turkey were carefully balanced. Securing that neither Greece nor Turkey obtain a preferential relationship over the other was a clearly stated, and mutually accepted, objective.

As the European Union moves, first, to complete the work of the Intergovernmental Conference and, then, to consider the scope of enlargement, the question of Cyprus' accession as a member will be raised. We believe that accession, without the fulfillment of prerequisite treaty conditions is clearly prohibited by the 1960 treaties.

Recently, we sought a fresh and thorough review of this issue from a leading British international lawyer, Professor M.H.Mendelson, Q.C. His opinion offers solid evidence that the Treaty of Guarantee prohibits the membership of Cyprus in the EU unless both Greece and Turkey are already themselves members. Professor Mendelson's opinion not only includes careful textual analysis but important confirming documentation from the critical London Meeting of our predecessors (11-16 February, 1959) during which the purpose of the Treaty was specifically discussed.

This is obviously an issue of the utmost sensitivity and importance to both our countries. At a time when negotiations between the parties to the Cyprus dispute appear likely to begin, the sanctity given to prior undertakings may be crucial to the credibility of new representations and to the level of trust and confidence that will be accorded to a new set of agreements. Thus, success of this upcoming round of negotiations may depend, in part, on whether the international community and, in particular, the guarantors can, in fact, be relied upon to help ensure compliance with a new set of agreements, which would define both governmental structures and individual rights and safeguards.

We have, in the past, been concerned by the way the legal issues raised by the Treaty of Guarantee have reportedly been dismissed as irrelevant. We are prepared to attribute that to the absence of government responsibility and full information on the part of those commenting. Let me emphasize that, for my Government, the 1960 Treaties, including the Treaty of Guarantee are solemn undertakings between our two states that are central to the rule of law as practiced in Europe. No doubt, you will agree with me that acceptance of the Turkish Cypriot community to coexist under a partnership rested on these undertakings.

I am therefore submitting to you Professor Mendelson's opinion with the earnest request that your government undertake its own careful and detailed review of this issue. Professor Mendelson, whom I believe enjoys a distinguished reputation both at the Bar and in the academic field of international law, is of course available to provide any further information to your officials.

The issues raised by Professor Mendelson's opinion are of particular importance since they have direct legal bearing on the EU members and, in the case of the U.K. may affect the actions that will be taken during its presidency of the EU, to begin next January, when the initial decisions on enlargement are likely to be addressed. You will note Professor Mendelson's conclusion that the 1960 Treaties not only create a clear legal bar to Cyprus' joining the EU before Turkey, but also impose an affirmative legal obligation on the U.K. to prevent such a violation of these Treaties from occurring.

Since both our governments acknowledge that the 1960 Treaties are still in effect, their application to this situation can only be avoided by interpreting the key prohibition of "any activity aimed at promoting, directly or indirectly,...union of Cyprus with any other state" (underlining added) so as not to cover a union with "several states" as would be the case with EU membership. As Professor Mendelson persuasively demonstrates, not only is that an unreasonable and artificially narrow reading of the language, it would clearly vitiate the entire purpose of the agreement and the rationale for our guarantee, which was indeed confirmed by other provisions agreed at the time. I do not believe that this solemn undertaking between our two countries should be allowed to be violated and rendered inoperative by such an obviously technical and tortured construction.

Because of the great importance which my government attaches to this issue, and to the principles of the sanctity of Treaties, I am available to meet with you for a review of this most serious matter.

I look forward to hearing from you on this issue.

Sincerely yours,

Prof.Dr.Tansu ÇİLLER

Rt. Hon. Robin Cook, MP
Secretary of State for Foreign
and Commonwealth Affairs