A dramatic development has recently come to light that undermines the legal basis of the criminal proceedings against businessman Shimon Aykut, 75, who was arrested over a year ago in Cyprus. It now emerges that a precondition mandated by Cyprus law was never fulfilled—a deficiency that invalidates the entire criminal process, in violation not only of international law but also of Cypriot domestic law.
The indictment against Aykut stems from the political crisis between Cyprus and Turkey. The charges relate exclusively to trading in real estate located in northern Cyprus, properties that were Greek-owned before the island’s partition in 1974. Despite being behind bars for over a year, the criminal case against him is still in its early stages.
To establish a land registry for properties in Northern Cyprus, the Republic of Cyprus enacted Law 44/1984. This legislation serves as a replacement for the original registry maintained by the authorities in northern Cyprus since the 1974 division—access to which the Republic of Cyprus has been blocked ever since
The law outlines a three-stage process for compiling and completing a temporary land registry:
Announcement phase: An official notice must be published in the government gazette, inviting property rights holders to submit a declaration detailing their assets in the north, accompanied by any available supporting evidence.
Review phase: After declarations are submitted, authorities must review and verify the authenticity of those declarations and accompanying data.
Final publication: Upon completion of verification, an appropriate notice must be published in the gazette, marking the establishment of the new temporary registry.
Accordingly, the law permits the issuance of two types of certificates: A “registration cerificate”, issued after the new temporary registry is fully established; and an “ownership certificate”, issued in the interim period before registration certificates can be issued.
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Importantly, the law clarifies that even once a registration certificate becomes available, it remains temporary and serves only as prima facie evidence of ownership.
Section 11 of the law further states that until the temporary land registry is completed, no law concerning property ownership may be applied to assets located in northern Cyprus.
Aykut is the first and only businessman from the construction sector to be arrested since the Turkish occupation. The dramatic development occurred during a court hearing two weeks ago, in which a representative of the Cyprus Land Registry was questioned. She confirmed that the temporary registry has never been completed—meaning no registration certificates have ever been issued, not even to any of the complainants whose claims form the basis of the indictment against Aykut.
His attorneys argue that the implications are profound.
“Since the ‘temporary registry’ has never been completed, then under Cypriot law itself, no law relating to ownership of assets in northern Cyprus may be applied—including the criminal law on which the indictment against Aykut is based,” according to one of his attorneys.
In other words, the indictment was filed in clear contradiction to the applicable law in Cyprus.
The attorney adds that the broader ramifications are equally significant.
“This not only undermines the indictment against Aykut, but also reveals that the entire criminal campaign launched by Cyprus against businesspeople and others operating in the northern part of the island was designed to serve political purposes—a case of the ends justifying the means, even when doing so directly violates Cypriot law,” the attorney said.