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Democracy is in danger in Turks and Caicos Islands and I am a victim of this.
In July 2008 The Governor of Turks and Caicos – representing the UK Government – appointed a Commission to conduct an Inquiry into “possible corruption or other dishonesty” in Government. Hearings were held – presided over by His Lordship, Mr. Justice Sir Robin Auld – in January of 2009, concluding in February of the same year. In August 2009, His Excellency, then the Governor of the Turks and Caicos islands, Gordon Wetherell brought into force an Order in Council suspending portions of the Turks and Caicos Islands Constitution. Under this move Ministerial Government, and the House of Assembly – which is the only means of representing the people – was dissolved and all representative seats were vacated, with the promise of elections in 24 months. Amongst the astounding changes was that the basic right in the European Declaration of Human Rights to a Trial by Jury was also suspended, and confirmed recently by law. The sole political power in the Turks and Caicos Islands is now the Governor, appointed by the British government. He has appointed an Advisory Council and a Consultative Forum. However, as the appointment documents make clear, the Governor has no obligation to follow or regard their recommendations. This undemocratic move, which is totally inconsistent with Article I of the United Nation’s Charter on the Right to Self-Determination, is still the case in Turks and Caicos, and still, now nearly 2 and a half years later.
And still there is no date for elections.
My involvement in the Turks and Caicos dates from early 2005. In June of that year we purchased a private island called Dellis Cay, to develop a USD$1 billion project with the Mandarin Oriental Hotel and villas with world famous architects – including Zaha Hadid, David Chipperfield, Kengo Kuma, Shigeru Ban, Piero Lissoni and Carl Ettenspenger. The development proceeded in an unremarkable fashion, with usual succession of planning permits, from the start construction date of June 2008 to October 2009. A mixture of funds from my own resources, sales of residential units and loans from the Trinidad & Tobago Unit Trust Corporation funded the development.
In June of 2008, we bought a second island, Joe Grant Cay, from the Crown (The government of Turks and Caicos), presented the deal structure to the British Governor of Turks and Caicos – who was then His Excellency Richard Tauwhare – with the development agreement signed in November of 2008 by the new Governor, His Excellency Gordon Wetherell, with the objective of developing a resort with Bulgari Hotel and Villas.
In January 2009, in the course of hearings by the Commission of Inquiry, the Premier of Turks and Caicos disclosed political contributions by several businessperson and companies toward his party’s elections, two years before, in 2007. He disclosed a political contribution made by our company as well; which is normal all over the world, including in Britain.
Neither the Inquiry, nor the Judge, nor the Governor made any request of me, or my representatives to provide answers about these contributions. Yet, our actions were remarked upon adversely in the Commission’s report.
In June 2009, we asked the High Court of Turks and Caicos Islands to undertake a Judicial Review of the Final Report of the Commission of Inquiry, with the result that the Supreme Court called for the removal of any and all adverse references to my or our companies. In his ruling the Chief Justice agreed with us, that there was a “Clear and almost total failure by the Commission to follow its own procedures”. His Lordship stated further that I had not been given a fair hearing, and said that if any adverse statements were included in the Final Report, they should not be published.
It must be understood that even though this court is in Turks and Caicos, it is an English court, applying English law and procedures. Yet, four (4) weeks later, in July of 2009, the Final Report was published, with text unredacted, so that the adverse statements made about me and my companies, which were judged to have been unfair and unlawful, were made public; even after the Chief Justice ruled they should not be published.
Despite my attempts to cooperate and assist the lending bank for our projects to understand the issues relating to the Commission of Inquiry and their unlawful published reports, it was no longer possible to avoid the entrance into Receivership of the Dellis Cay project in favour of the Trinidad and Tobago Unit Trust Corporation in October 2009.
This failure of the Commission to follow the law has therefore done me harm because I provided personal guarantee to the Trinidad and Tobago Unit Trust Corporation.
Since that time – January 2010 – the bank has obtained a worldwide freezing order against me. The Attorney General of Turks and Caicos issued a Writ and Statement of Claim regarding Joe Grant Cay in July 2010.
I have appealed both actions.
After three (3) years, in October 2011, I was finally able to explain my side of the allegations of bribery for the political contributions above. In the meantime, my assets in Dellis Cay and the assets of buyers in that development have been destroyed; even though I have never bribed anyone in Turks and Caicos, or anywhere else.
I have been made a victim of the politics of Turks and Caicos. In English law, the saying is that “justice must not only be done, but it must be…seen to be done”. I speak now to warn that this is not the case in Turks and Caicos and to say that human rights, and property rights, democracy and justice are under threat in Turks and Caicos
Statement of Dr Cem Kinay with respect to the New York Court Judgment.
Istanbul,Turkey 29 March 2012
Lawsuit against Dr Cem Kinay was rejected by Southern District Court of New York yesterday. Some of the Dellis Cay Villa buyers had brought an action in New York against Dr. Cem Kinay, his family and Mandarin Oriental Hotels for claimsrelatingtothefailedDellis Cay project accusing Dr. Kinay siphoning fundsfromtheProjectforpersonal use, and failure to completetheProject. The District Judge in New York ordered ‘The Court is persuaded that TCI is an “available and adequate forum” and that “the balance of private and public interest factors tilts heavily in favor of the alternative forum.” Accordingly,Kinay’s motionto dismisswas granted and the case was closed. Dr Kinay stated ‘I welcome New York Court’s decision, and hope a fair and just decision from the courts in TCI’
Dr. Kinay was creating a luxury island community involving unique designs from some of the world’s leading architects: Kengo Kuma, Zaha Hadid, Piero Lissoni, Shigeru Ban, David Chipperfield, Carl Ettensperger. When completed, the development was to be comprised of luxury villas and residential units located around, and serviced by the world famous Mandarin Oriental Hotel. Construction of the first phase of the Project has commenced in June 2008 and unexpectedly halted on October 2009. Despite the World Economic crisis in 2008, the construction of this billion dollar project was continuing until the political turmoil hit the Turks and Caicos Islands after the publishing of the unredacted Commission of Inquiry report in 2009. On 12th August 2009 on the instruction of UK Ministers, Hon. Governor Whetherell brought into force the Order in Council suspending parts of the Turks and Caicos Islands constitution. The House of Assembly was dissolved and Members’ seats were vacated. Shortly after these events , Dellis Cay’s funder, Trinidad and Tobago Unit Trust Corporation has pulled its support to the Project and appointed a Receiver, all construction activities had stopped.
Dr Kınay stated ‘We are still trying to open a line of communication with Trinidad and Tobago Unit Trust Corporation to end the dispute, we are discussing with potential investors opportunities to bring Dellis Cay back on track.’. Dr Kinay adds despite the adverse conditions, he is investing all his time to see the project to come back to life, the only way he believes the interest of all creditors will be served. Dr Kinay and his projects were victims of politics in Turks and Caicos Islands. Dr Kinay confirms this by saying ‘UK Governor Hon. Whetherell has published an unredacted Commission of İnquiry Report which damaged our reputation, and caused our main finance partner, Trinidad and Tobago Unit Trust to pull their support from Dellis Cay’. The Supreme Court of Turks and Caicos Islands had found on June 18th, 2009 that the adverse findings made against Dr Kinay were unlawful and that it was unlawful for the Governor to publish those findings. Dr Kinay remembers ‘Only weeks before the publishing of the unredacted Report, the bank was giving us support letters, stating that they have full trust in our management, and our ability to complete the Project, but just after the unredacted Report was published everything has changed.’
Dr Kinay stated that the accusations against him and his companies in the Report are groundless. He added ’ I have never bribed anyone in TCI, or elsewhere. I have offered full cooperation to the Commission of Inquiry, and later to the SIPT. I have provided them with hard evidence of our innocence. All our companies were audited by one of the world’s top audit firm.’
Dr. Kinay’s TCI based court cases continue. He has appealed the decisions of the TCI Supreme Court against his dispute with the Trinidad and Tobago Unit Trust Corporation, and against the Government of TCI concerning Joe Grant Cay. He is eager to pursue these cases through national, and international courts until all venues are consumed. ‘I have come to TCI at the beginning of 2005. We have provided jobs and business opportunities to hundreds of islanders. I have always appreciated the trust and the love of the local community. I am still very sorry for the loss of jobs and businesses when our project has been halted on October 2009. I hope that the people continue to believe that I will get this project back on track.’ Dr Kinay continued to state that he does hope that the political turmoil that started in 2009 will end with an election and democracy will be back again in TCI. ‘ These political events cost me my company, our purchasers their investments and the people of Turks and Caicos Islands their jobs. I appeal to the new Hon. Governor Todd to support us for us to get Dellis cay back on track, we hope his announcement confirming the return to democracy and to a freely elected government in Turks and Caicos Islands.’
Dr Kinay practiced medicine at the General Hospital of Vienna in Austria. He received his PhD from the University of Vienna Medical School in 1984. In 1987, Magister Oguz Serim and Dr Kinay set up a tour operator by the name of Gulet Touristik, the largest tour operator in Austria. In 1990, They founded the Magic Life Hotels. Magic Life owned and managed luxury properties in Turkey, Greece, Tunisia, Spain, Austria ,Egypt and Bulgaria. In 2004, they sold Magic Life and Gulet Touristik to the German tour operator TUI AG, one of the world’s largest tour operators.
Dr Kinay is widely recognized for his contributions to the travel and Hotel industry, In 1996 he was lauded as Austria’s “Tourism Manager of the Year” and in 1997, as “Man of the Year” and Finally on 2007, he has been honored with “State Medal Of Austria”.
[wpvideo sijmwIwX]Dellis Cay is a private island ,in Turks and Caicos,developed by Cem Kinay,a Turkish born and in Austria grown tourism mogul.
Cem Kinay started the development for Mandarin Oriental Hotels ,Residences and private Villas,designed by world-famous architects like Zaha Hadid and David Chipperfield from UK,Piero Lissoni from Italy,Shigeru Ban and Kengo Kuma from Japan and Carl Ettensperger from Singapour.
The groundbreaking for the project was 2008 and Cem Kinay and his companies had to stop the construction end of 2009 because of political blow through UK in Turks and Caicos.Since August 2009 an interim government appointed through UK Governor is in the power.The for 2011 promised election is still not happened and Cem Kinay is in dispute with Trinidad Tobago bank and Uk appointed government.He is a political victim.
The Art of Dellis Cay Images by Christian Postl,a very successful artist from Austria.
The featured Image is in Memory and Respect of 500 workers on the site.
The formula seems simple enough. Take a private, tranquil island in one of the most enviable places in the world, add the visionary designs of seven world-renowned architects, and, for good measure, toss in a lavish resort hotel with the immaculate guest services of the Mandarin Oriental Group, the finest luxury hotelier in the world. Like any inspired recipe, the components of the project stand solidly on their own, but in combination, create a stunning masterpiece that will undoubtedly redefine ultra-luxury living in the 21st century. So what is the secret ingredient in uniting porcelain-white beaches, lush vegetation, and the dancing waters of the Caribbean with world-class design and unparalleled service? Enter Dr. Cem Kinay, the man with both the experience and finesse to guide the first design-driven, premium property development company into its chief venture. At the pinnacle of his career, Kinay presented Dellis Cay, a product of his revolutionary visions and history of flawlessly calculated implementation.
Kinay is a man of strong-willed passion. With deep Turkish roots, Kinay grew up with a first-rate education, strong family ties, and the desire to care for others. Noting the respect and admiration on the faces of his loyal team, it is clear to see the values of his youth have remained steadfast. On a crisp, fall morning, Kinay calmly orders an espresso, but as he begins to speak of his history, disregards the steaming cup and talks fervently, inching toward the edge of his chair, his eyes glowing blissfully with nostalgia. He fondly describes his winding career as a series of three individual chapters. “When you look at my career, each 10 to 15 years, I change. My first 10 to 15 years, I was a doctor; the next 10 to 15 years, I made my hospitality career with Magic Life. Now I have started my career with “Dellis Cay” .
Chapter One: The Conscientious Doctor
“I come from a conservative family. My father was in the Turkish army and my mother took care of three good boys,” Kinay says, smiling. Following in his older brother’s footsteps, Kinay went to Vienna to study medicine at the age of 17. “I wanted to be a good doctor, to help people.” It was by a turn of fate that the hospitality business found young Kinay. His roommate in Vienna, an economy student, presented Kinay his first entrepreneurial opportunity, which he accepted wholeheartedly. “It was mostly his idea that in addition to my job as a doctor, I open a small yacht charter with him in the Mediterranean. So, in the last three years of my specification, until three or four o’clock I’d be working in the hospital, then, I went right to the office.”
Kinay quickly realized that, despite his reliable future as a doctor, he preferred the business world. “Firstly, I liked business, and secondly, even as a young doctor, I always needed to have the last word, and [when I came to the office] I was the boss. I liked this role as boss,” he says with a smirk. Although the decision was far from easy, Kinay was able to feel at peace with his first career shift because he was still caring for people. “As a doctor you are taking care of the body, the people, and in hospitality you are taking care of the soul.” With that, after 12 years of studying and practicing medicine, Kinay hung up his scrubs and transformed his after-work hobby into a career that would transform his life, and also shift the hospitality industry at large.
Chapter Two: The Hospitality Pioneer
So, with the combination of a healthy imagination and a little elbow grease, Kinay and his partner turned their small yacht charter into Magic Life, the famous European vacation and hotel company. In less than 10 years, Magic Life exploded into 23 hotels, 22,000 beds, 6,000 employees, and more than 500,000 guests per year. With very little experience in the industry, it was Kinay’s strong education and use of the scientific method that enabled him to systematically build his hospitality empire. From observing other companies’ successes, he noted the significance of individualized service and, most importantly, branding.
“We looked at different hospitality companies in Europe, big companies, and how they do it. Then we said, ‘There are a lot of hotels in the Mediterranean, what can we make different?’” On a trip to the Dominican Republic in 1989, Kinay remembered seeing all-inclusive hotel systems and wondering why they had not made headway in Europe. Thus, the Magic Life brand was born: the first all-inclusive European hotel company.
Revolutionizing European holidays would take more than a solid idea, but would require a flawless execution of the all-inclusive systems adapted for the European client. A student himself, Kinay knew the best way to learn is to have the most qualified teachers. He flew experts into Turkey straight from the source. “This system was very different than the classic hotels in Europe because you are giving 24 hours of service. For months I took guys from the Dominican Republic, had them sit down with our Turkish guys and explain their experiences.” From that point on, Kinay successfully opened hotel after hotel, branching into new countries, all while providing consistent service.
“It turned into simple multiplication, a science,” Kinay says.
Besides earning the respect of the worldwide hospitality industry, Kinay’s success with Magic Life allowed him to bring prosperity to his native Turkey.
“Hospitality is a very good way to communicate your country. Twenty years before, only three million people came to Turkey per year, now it’s 30 million.” In addition to Magic Life, Kinay has created two destination management firms, Vasco Company and Discovery Company, and founded both Gulet Touropa Touristik, a tour operating company, and Turcotel and ML Assets, a chain of eight hotels in Turkey. For his contributions and pioneering in the hospitality industry, Kinay was awarded “Man of the Year” in Austria in 1997 and honored with the State Medal of Austria in 2006.
After 10 years in the industry, having transformed into a tremendously astute businessman, Kinay knew Magic Life simply needed more room to expand. Selling 50 percent of his company shares, Kinay joined efforts with the largest tour company in Europe, Germany-based TUI. Four years later, in 2004, after guiding Magic Life’s continued success, Kinay sold the remainder of his holdings in order to realize his next dream.
“I saw that the hospitality business was changing. You look at your success, but as a businessman, you always need to be looking ahead.”
Chapter Three: The Lord of Luxury
Like a shrewd chess player, Kinay had anticipated his next career move for years. From his experience in the Caribbean, he saw the value of unique locations and was inspired by the numerous islands in the region. “I liked the idea of one hotel concept, one island,” Kinay muses. But aside from his desire to develop unique locations, Kinay knew he needed to harness three major trends: mixed-use properties, mounting interest in design, and growing demand for luxury resorts and residences. Never one to take a break, Kinay chomped at the bit to get started on his next mission. “In 2004 we exited Magic Life, and on the next day started O Property Collection,” he says proudly.
In 2005, Kinay and his business partner, Oguz Serim, founded Dellis Cay with a commitment to innovative design and service. Their goal: to become one of the world’s most desirable premium brands by building a global following. They aim to set a new benchmark for lavish living, dubbed on their website as “the rarest living experience on earth.”
Once the groundwork for Dellis Cay was laid, Kinay wasted no time in finding elite partners to help him realize his dream. With ultra-luxury service at the top of his to-do list, he immediately contacted The Mandarin Oriental Group for management. “One of the main decisions for our business model was that we will not manage. On one side we are design driven, but on the other side, we are service driven and these guys at the Mandarin, they really know their business,” Kinay says of his partnership with the five-star luxury hotel.
Kinay’s vision is so clear for new goal that, even before settling on a location, he contacted the best designers worldwide to work on prototypes for beach houses and villas. With great diligence, he hand-picked an all-star dream team of seven international architects: Shigeru Ban, David Chipperfield, Carl Ettensberger, Zaha Hadid, Kengo Kuma, Piero Lissoni, and Chad Oppenheim. The architects will merge the natural beauty of the island with their individual designs for a unique blend of private residences and villas.
Lissoni, known for his chic, contemporary style, will be spearheading the design for the core Mandarin Oriental Hotel & Residences. “My inspiration was the light,” Lissoni says. “I have tried to have the light going through all the spaces like a blade. The design is sophisticated, but based on simplicity.”
With design and marketing well underway, Kinay worked tirelessly to uncover the perfect location for his first project. For six months, he used helicopters, boats, and a sturdy pair of boots to thoroughly investigate 100 undeveloped properties in the Caribbean. Finally he laid eyes on the 560-acre paradise of Dellis Cay. A pristine island snuggled in the Turks & Caicos archipelago, it is known by locals for its multihued coral reefs, faultless beaches, and dramatic bays. The breathtaking beauty of the island aside, Dellis Cay is also conveniently located just 575 miles south of Miami, 30 miles south of the Bahamas, and 90 miles north of Kinay’s beloved Dominican Republic, perfect for the global jet-setters who will likely represent the core clientele of the prestigious development. Kinay recalls his first time he laid eyes on the island: “I said, ‘That is exactly what we are looking for.’”
Having broken ground in 2008 , Kinay was well on his way to realizing his dream for Dellis Cay, offering an unparalleled oasis that combines the tranquility of natural beauty with cutting-edge contemporary design, and five-star service that eases the soul.
From insightful doctor to ground-shattering hospitality pioneer, no dream seems too distant and no goal too complex for Dr. Cem Kinay. Taking a moment to sip his espresso, now room temperature, he expresses with humble words the emotion he will feel upon the opening of Dellis Cay. “I am not exaggerating, but on that day when the families with their children are playing on the beach and all the people are there, I believe it will be one of my happiest days.” With the recent expansion of his own family, his first son 4 years old, he will be looking at those first families on Dellis Cay as the realization of his revolutionary vision and an attentive scholar. “I am learning to be a father, these are new experiences for me, but I am a good student, so I will be looking to the other fathers now.” As he finally settles back into his chair, Kinay beams with the pleasure of both a new parent and unstoppable hospitality mogul. Than political blow in Turks and Caicos in 2009 and he stopped the construction and his life dream for a while.
Chapter four should be a good one too,he hopes.
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