Judge refuses to sentence Pakistanis who flew in through the north

THE ATTORNEY-general’s office is set to appeal a district court judge’s decision not to sentence five Pakistani men who were charged with entering the Republic through an illegal port in the north.

The five men were arrested after admitting they had crossed over to the south after arriving on the island through the illegal airport at Tymbou.

But the district court judge trying the case refused to sentence the five, citing an EU directive that forces the Republic to allow the movement of EU citizens, irrespective of their point of entry, arguing that to sentence the Pakistanis would be discriminatory.
Deputy Attorney-general Petros Clerides told CyBC radio yesterday that Judge Tefkros Economou’s refusal to sentence the men could create problems with the appeal.

“The charge that they were facing was entering Cyprus through an illegal port,” he said. “The court ruled that because EU citizens will not be tried for that offence and because it would be considered as discrimination against the Pakistanis, third country citizens should likewise not be tried for the same offence.

“It’s not a final decision, all court decisions can be appealed, but the problem here is that there is a chance that we cannot appeal because of a previous Supreme Court ruling that only allows a party to appeal when there is a sentence or a partial sentence,” he added.
Clerides said the Attorney-general’s office had 14 days to prepare its case in order to appeal.

He said that if the case was closed without sentencing, any third country national would be able to enter the Republic through the north. However, they could still be charged with staying on the island without a visa, he added.

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