Aykut’s Defence Challenges Court Authority in Property Case
Source: North Cyprus News | Online News for North Cyprus
The case of Simon Aykut, currently being held in South Cyprus over allegations related to the purchase and sale of former Greek Cypriot property in the Turkish Republic of Northern Cyprus (TRNC), was heard in court yesterday, Kibris Postasi reported.
Reports from Greek Cypriot daily ‘Alithia’ and other news outlets revealed that Aykut’s lawyer, Nikoletta Haralambidu, and the South Cypriot prosecutor, Elena Kleopa, presented their arguments regarding Aykut’s “pre-trial objections” during the morning hearing.
Alithia reported, under the headline “Aykut’s Lawyer Challenges Court’s Jurisdiction,” that Haralambidou, who has been representing Aykut since his arrest in early June, raised three pre-trial objections.
According to the report, two of these objections centred on whether the Greek Cypriot court has the authority to try the case. The third objection questioned Aykut’s right to personal freedom, highlighting the conditions of his detention and limitations on his rights.
Haralambidu argued that the charges relate to property transactions in areas outside the control of the “Republic of Cyprus”. She claimed that, under international and customary law concerning military occupation, the court has no legal authority to try the case. She also suggested that the accusations could apply to many residents in the TRNC and, referencing decisions from The Hague, asserted that Turkey, as the occupying force in the north, is responsible for managing daily life there.
Haralambidu further stressed that the case of Apostolidis vs Orams should not be used as a precedent, as it did not address jurisdiction under international law.
Prosecutor Kleopa submitted a 40-page document outlining her counterarguments, which she also presented orally. She argued that the case involves the territorial integrity of the “Republic of Cyprus” because it concerns properties in occupied areas. She cited rulings from the European Court of Human Rights (ECHR), which obliges Turkey to safeguard the property rights of Greek Cypriots. Kleopa also pointed out that Cypriot courts have previously handled cases involving crimes committed in the TRNC, and that Aykut is not the rightful user of the disputed properties.
She further accused Aykut of engaging in illegal activities within the “occupation regime”, despite warnings from Israeli authorities.
While Alithia gave significant coverage to Kleopa’s arguments, the paper noted that the court’s decision on the pre-trial objections will be delivered on Friday, November 8, 2024, at 11am.
Kibris Postasi
The original article: North Cyprus News | Online News for North Cyprus .
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