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
never ever give up!
lieber cemGratuliere Cem!
Dear DR Kinay
it works : STEP by STEP !
Cok sevindim. Hayirlisi olsun.
Selam ve Sevgilerimle,
Ich verfolge staendig die Situation.Habe mich sehr gefreut ueber diesen Sieg,den du brauchst fuer deinen Weiterkampf.
Pass gut auf dich auf
Gott schuetze dich
Cem aga iyi haber bu… Gozun aydin .. Cok sevindim… Pozitif dusunelim devamida pozitif olsun.. Cok optum .. Sevgilerle .
nicely done! Hoping for good fortune in TCI as well.
Inanin cok sevindim. Hayirlisi olsun. Bu olumlu gelismelerin devami da en kisa zamanda gelir ve gelecektir insallah.
Dear Dr. Kinay
Congratulations for the achievement. After all there is justice in few places in our tough world.
I believe that with your keen persistence you shall succeed to bring Dellis Cay project to a glorious completion.
Dear Dr. Kiney,
That is the way to hang in there. Congradulations and let us hope the best for the project.
I am very happy for you….
kardesim; önemli bir adim…Umarim ve gönülden arzularim ki sen de Oguz’da bu
isi kazanin ve projenizi tamamlayin.
Cem. Kolay gelsin insallah. Hersey yoluna girer ..
Cok sevindim, hayirlisi olsun, dilerim bu karar her seyin yoluna girmesi icin baslangic olur.
Sevgi ve Saygilarimla
Thanks Cem, hopefully this will give the new investors a little breathing room.
Dr in my honest and humble opinion and based on my 30 year experience in dealing with the upper echelon of business Entrepreneurs’ and professionals, in the highest of the Automobile Sales industry. Dr Cem Kinay is and will always be one of most proper and honest clients I have had the privilege to meet, interact and do business with. I wish you much success .
Abi gordum,cok sevindim, kolay gelsin.
Finally, some good news! We congratulate you.
EXCELLENT, CONGRATULATIONS!!! They put you and your family through the ringer. You have and will survive and succeed. I love you guys and soon we will have turned the corner with peace of mind, happiness and bliss. There is an old saying that applies, “Let the work I have done, speak for me. ”
Much love and many blessings,
Allah hayirlisi ile bir an evvel geri kalan yanlisliklarin duzelip senin, Oguzun ve tum ailenin hakkettigi emek ve basariyi almasini eminim tum sevenleriniz gibi bende yurekten diliyorum.
Very, very happy for you!!
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.