Paris, France. France’s court of cassation rejected an appeal by the Republic of Cyprus against a lower court decision refusing an extradition request for a man accused of developing property in the north on land owned by Greek Cypriots without consent.
Court upholds Aix-en-Provence appeal ruling
The decision upheld a ruling made last month by the Aix-en-Provence court of appeal, which rejected the request on the basis that the European Union’s acquis communautaire is suspended in the north and cannot be applied there.
The court said the Republic of Cyprus’ courts are not in a position to enforce laws in a territory over which it does not exercise control, and as a result, 39-year-old Behdad Jafari was not extradited.
Tufan Erhurman comments on ruling
Turkish Cypriot leader Tufan Erhurman said on Thursday that “we have finally reached the desired outcome in France”.
He said the property issue in Cyprus is one of six titles of the chapters for negotiations towards a comprehensive solution, and that the Immovable Property Commission is an effective domestic legal remedy established to evaluate claims regarding property rights.
He noted that the IPC was recognised as an effective domestic remedy by the European Court of Human Rights and criticised the Republic of Cyprus’ pursuit of criminal charges against individuals accused of developing property on land in the north.
Erhurman said it is “absolutely wrong” to make individuals pay the price for problems arising from a lack of a solution and to treat the property issue as stemming from individuals’ actions and transactions.
He added that his wish is that approaches which negatively affect the climate for a solution will be replaced by confidence-building and solution-oriented approaches.
Arrest in Nice and return via Istanbul
Jafari returned from France to the north, where he lives, via Istanbul following December’s ruling, after being arrested at Nice airport in October when he arrived on a flight from Istanbul.
Construction company and projects
Jafari owns a construction company, Isatis, founded in 2015, which has carried out construction projects over the last decade primarily in and around the Famagusta district village of Ayios Sergios, as well as in and around Trikomo and the Famagusta district village of Akanthou, among other locations.
What impact do you think the ruling could have on future extradition requests linked to property disputes in Cyprus?
