Significant developments have emerged in recent days in cases concerning the usurpation of Greek Cypriot properties in the occupied areas. Although each case differs in its particulars, all three add new pieces to the complex puzzle of property usurpation.
Chronologically, the first development was the ruling issued by the Nicosia Assize Court in the “trial within a trial” concerning German real estate agent Ewa Isabella Kunzel. The second was the change of stance by Turkish-Israeli national Simon Mistriel Aykut, who shifted from a hardline defence to admitting 40 charges. Following an agreement with the Legal Service, the court decided to withdraw the remaining charges (he was initially facing 242 in total). Aykut was sentenced to five years in prison.
While these cases appear to be approaching closure in one way or another, a new case has emerged, the arrest of Iranian national Behnad Jafari, reportedly the owner of a construction group operating in the north.
What do these developments signify? Firstly, that no case filed has been withdrawn, and the aim remains the imposition of penalties on those involved in usurpation cases. Secondly, that the speculation surrounding alleged exchanges in relation to the Aykut case has been put to rest. And thirdly, that the Republic’s policy remains unchanged, arrests and prosecutions of those involved in the illegal exploitation of properties will continue.
A well versed source told Politis that following the completion of investigations into the illegal exploitation of Greek Cypriot properties in the north, based on evaluated information and testimony from legal owners, a significant number of arrest warrants have been issued. For obvious reasons, neither the number of warrants nor the names of those allegedly involved have been made public.
According to the same source, the warrants remain active, something evidenced by the recent arrest of the Iranian national despite persistent rumours of a “swap” linked to the Aykut case and the five Greek Cypriots still trapped in the north.
What’s next
The recent developments in the property usurpation cases are not the end of the story. Additional pieces are expected to emerge. Beyond the sentencing of Simon Mistriel Aykut, whose case is considered one of the most serious to reach the Republic’s courts, further proceedings are anticipated in the German agent’s trial, as well as final decisions in the case of Ukrainian real estate agent Denys Pohodin, who has expressed willingness to admit some of the charges he faces.
Pohodin, who has been in custody since last March, may reach an agreement that could lead to some charges being withdrawn and a sentence imposed for those he admits. His case is scheduled for 4 November before the Nicosia Assize Court.
In the Kunzel case, the defence, now in possession of the ruling concerning the searches conducted after her arrest, disputes the handling of evidence and witness statements. The next hearing will consider whether a new “trial within a trial” will be held to address the objections raised by the defence.
Different categories of cases
From all the cases brought before the courts, certain differences allow for their categorisation.
The first category includes individuals who appear as shareholders or senior executives of construction groups that built illegal houses and apartments on land belonging to Greek Cypriot owners without their consent. This category includes Simon Mistriel Aykut, who is the director of the Afik group. The new case involving Behnad Jafari, according to preliminary findings, appears to fall under the same category, as he is reportedly the owner of the Isatis construction group.
The second category concerns individuals who acted as real estate agents promoting property sales in developments built illegally in the occupied areas. According to the evidence presented in court, this group includes the two Hungarian women Ilona Lesko and Melinda Ladanyi, who have been convicted, the German Ewa Isabella Kunzel, the Ukrainian Denys Pohodin, and the Israeli Yazan Sarai Eldin (who is not currently facing charges).
The convictions
With the conviction of Simon Mistriel Aykut, there have now been three criminal convictions in cases involving the usurpation of properties in the occupied areas.
On 27 September 2011, Gary John Robb, a British national, was sentenced, following his own admission, to concurrent prison terms of 10 months on charges of unlawful possession and use of land belonging to another person without the owner’s consent, in violation of Article 281(1)(a) of the Criminal Code, Cap. 154. Evidence before the court showed that between 18 August 2004 and 28 April 2005, Robb, as a company director, oversaw construction works for 335 luxury residences on land totalling 273,800 square metres. Of this, 261,589 sq.m. belonged to Greek Cypriot owners, 4,661 sq.m. to the Republic, and 7,550 sq.m. to Turkish Cypriots.
The second conviction concerns the Hungarian nationals Ilona Lesko and Melinda Ladanyi, who pleaded guilty to charges relating to the illegal exploitation of Greek Cypriot properties in the occupied areas. Lesko was sentenced to two and a half years in prison, while Ladanyi received 15 months. Both had been promoting and advertising the sale of properties in the occupied areas and faced a total of 63 charges. At their final hearing before the Nicosia Assize Court, Lesko pleaded guilty to 21 charges and Ladanyi to six, after which the prosecution suspended proceedings on the remaining charges.
The most recent conviction, issued last Friday, concerns Turkish-Israeli national Simon Mistriel Aykut, who was sentenced to five years in prison after admitting guilt to 40 charges related to the usurpation of Greek Cypriot properties.