A NICOSIA court yesterday slammed the police for prosecuting a Greek Cypriot who travelled to Istanbul through the occupied areas, describing his treatment as discriminatory and unconstitutional.
Neophytos Constantinou from Nicosia faced two charges for exiting and entering the Republic from the illegal airport of Tympou in the occupied north.
Though found guilty – he pleaded guilty to the charges – the court decided not to sentence 56-year-old Constantinou, as that would have violated constitutional provisions concerning equal treatment of citizens before the law.
Constantinou admitted to travelling to Istanbul through Tymbou on August 13, and returning three days later through the same airport.
He was arrested at the Ayios Dhometios checkpoint after a routine check, which discovered the airport tags on his luggage.
In his five-page decision, Judge Giasemis Giasemi noted that the charges had been filed based on article 12(1) of the Aliens and Immigration Law, which stipulates that no person may enter or exit the Republic through an illegal point of entry.
However, as Giasemi pointed out, the government had agreed to implement the European Union’s Green Line Regulation on the movement of goods and people, which, after considering the government’s concerns, stressed that “it was necessary to give the right to EU citizens to exercise the right of free movement within the EU”.
The Regulation took effect immediately after the island’s accession to the EU on May 1.
The responsibility to apply the rules in relation to the Regulation was undertaken by the Republic, which drafted a code stipulating, among other things, that “EU citizens can cross the line to and from the areas not controlled by the government, irrespective of the point of entry,” the judge said.
Giasemi pointed out that the Green Line Regulation did not cancel article 12(1), but added that the code effectively did exactly that.
“The code and the government’s stance on the matter clearly take the position that EU citizens, including Cypriot citizens, are not criminally prosecuted when entering and exiting the territory of the Republic from a non-approved port in violation of article 12(1).
“In relation to these offences, they enjoy immunity,” the court decision said.
Giasemi censured the police for prosecuting Constantinou, an action he described as contravening the constitution.
“Despite this, acting in full contradiction with the declarations and rules enforced by the government, the Republic’s prosecuting authority singled out the defendant from all other EU citizens, and filed two charges against him.
“The defendant’s treatment undoubtedly conflicts with Article 28 of the Constitution, which provides that ‘all persons are equal before the law’ and raises a very serious issue regarding sentencing,” the judge said.
“In light of the above, and in combination with the special circumstances of the defendant’s prosecution, no sentence will be imposed on him,” the judge added.
Legal and political circles had from the outset questioned the decision to prosecute the man, since a sentencing would have had serious repercussions for Cyprus. It would have created a precedent forcing police to arrest everyone — including other EU nationals and Turkish Cypriots – using illegal points of entry to come to the island.
Since EU accession, the government has not been able to stop EU nationals from crossing the Green Line, irrespective of their port of entry.
However, it has always insisted it maintained the right to impose fines on those who did use illegal ports and airports, though no one has been sanctioned so far.
