For years, the Turkish occupied part of the island of Cyprus has been used as a haven by UK runaways, safe in the knowledge they cannot be extradited.
But in a ruling yesterday Friday , judges said there was nothing to stop British police co-operating with law-enforcement agencies on the island.
That means fugitives who refuse to return to Britain to face trial can be prosecuted in the Turkish occupied part of Cyprus instead.
The judges were dealing with the case of 60-year-old businessman, Hasan Akarcay, who is suspected of involvement in serious drugs crime.
Hasan Akarcay, top row left, was on the Serious Organised Crime Agency’s ‘most wanted’ Cyprus list
Hasan Akarcay, top row left, was on the Serious Organised Crime Agency’s ‘most wanted’ Cyprus list CREDIT: SOCA
Mr Akarcay fled the UK for the Turkish occupied part of Cyprus in 2006 after the discovery of a consignment of 12.5kg of heroin in Bradford.
West Yorkshire Police believe fingerprint evidence links Mr Akarcay to the drugs, which were said to be worth £600,000.
He is now set to be prosecuted in the Turkish occupied part of Cyprus after the fruits of the UK investigation were passed on to Turkish Cyprus.
Some of the evidence was handed over to visiting Turkish Cypriot officers in the UK and some directly to authorities there by a National Crime Agency official.
Mr Akarcay’s legal team took the case to the High Court, where they claimed the passing of evidence and assistance to Turkish Cypriots was illegal.
His lawyers argued that co-operating amounted to an “act of recognition” by the UK of Northern Cyprus.
That was illegal, because it breached the terms of repeated UN Security Council resolutions, they claimed. But rejecting the challenge, Lord Justice Burnett said there was no duty in UK law upon the Government to refrain from recognising Northern Cyprus.
The United Nations itself works with Northern Cyprus law enforcement agencies and facilitates co-operation between the two parts of the island.
“In the circumstances of this case, the public interest in co-operation is clear,” said the judge, who considered the case with Mrs Justice Thirlwall.
“The claimant is suspected of being part of a significant drug conspiracy. Had he remained in England, he would have been prosecuted.
“He has put himself beyond the reach of the criminal justice system in England and Wales.
“There is a clear public interest in him being prosecuted elsewhere if that is possible. It is possible in Northern Cyprus.”
He accepted that there was evidence of concerns in relation to conditions in the male prison in the Turkish occupied part of Cyprus.
However, that did not mean that the conditions were not up to the standard required by the European Human Rights Convention.
The judges dismissed Mr Akarcay’s challenge.
Daily Telegraph
UK’s High Court (03.02.2017): “THERE WAS NO DUTY IN UK LAW UPON THE GOVERNMENT TO REFRAIN FROM RECOGNISING NORTHERN CYPRUS. The United Nations itself works with Northern Cyprus law enforcement agencies and facilitates co-operation between the two parts of the island.”
That is normal: NORTHERN CYPRUS IS LEGAL:
1. LEGALITY AND RECOGNITION ARE TWO COMPLETELY DIFFERENT THINGS
Recognition is completely a political notion/act (as stated by Int’l Court of Justice, Kosovo 2010 decision) and has nothing to do with legality. 1/193 country recognizes Northern Cyprus; but even if 0/193 countries recognize NC, this has nothing to do with legality of NC.
The President of the International Court of Justice (ICJ) Hisashi OWADA (2010): “International law contains no “prohibition on declarations of independence.”
the International Court of Justice (ICJ) (2010): “while the declaration may not have been illegal, the issue of RECOGNITION was a POLITICAL one”.
Recognition is a political, not a legal matter.
That is to say, “being recognized/not recognized does not affect legality/illegality of a country”. Recognition is a political action.
SINCE NORTHERN CYPRUS IS LEGAL, ALL ITS COURTS AND LAWS ARE ACCEPTED IN THE WORLD: SEE 2 & 3 BELOW.
2. ALL LAWS OF NORTHERN CYPRUS ARE ACCEPTED IN EUROPE (EUROPEAN COURT OF HUMAN RIGHTS; ECtHR)
In Northern Cyprus, laws of Turkish Republic of Northern Cyprus are valid: ECtHR’s 02.07.2013 Decision: http://hudoc.echr.coe.int/eng?i=001-122907
“…notwithstanding the lack of international recognition of the regime in the northern area, a de facto recognition of its acts may be rendered necessary for practical purposes. Thus, THE ADOPTION BY THE AUTHORITIES OF THE “TRNC” OF CIVIL, ADMINISTRATIVE OR CRIMINAL LAW MEASURES, AND THEIR APPLICATION OR ENFORCEMENT WITHIN THAT TERRITORY, may be regarded as having a legal basis in domestic law for the purposes of the Convention”.
Note: In the related ECtHR’s decision above, the case application of the Greek Cypriot was IMMEDIATELY REJECTED; i.e., his application was found INADMISSABLE. That is to say, he was expelled by ECtHR just at the beginning; therefore, his case was not handled (no sessions were held) by ECtHR at all.
ECtHR’s 02.09.2015 Decision: http://hudoc.echr.coe.int/eng?i=001-155000
“..the court system in the “TRNC”, including both civil and criminal courts, reflected the judicial and common-law tradition of Cyprus in its functioning and procedures, and that the “TRNC” courts were thus to be considered as “established by law” with reference to the “constitutional and legal basis” on which they operated……the Court has already found that the court system set up in the “TRNC” was to be considered to have been “established by law” with reference to the “constitutional and legal basis” on which it operated, and it has NOT accepted the allegation that the “TRNC” courts as a whole lacked independence and/or impartiality……when an act of the “TRNC” authorities was in compliance with laws in force within the territory of northern Cyprus, those acts should in principle be regarded as having a legal basis in domestic law for the purposes of the Convention..”
Note: Here, what ECtHR means by “laws in force within the territory of northern Cyprus” is the laws that TRNC published and put into implementation, as can be
understood from ECtHR’s above 02.July.2013 decision.
3. UNITED STATES’ FEDERAL COURT: “TURKISH REPUBLIC OF NORTHERN CYPRUS IS A DEMOCRATIC COUNTRY”
USA Federal Court (09.October.2014): “Turkish Republic of Northern Cyprus is a democratic country”
“Although the United States does not recognize it as a state, the TRNC purportedly operates as a DEMOCRATIC REPUBLIC with a president, prime minister, legislature and judiciary…TRNC is NOT VULNERABLE to a lawsuit in Washington”
The news of the Court decision (13.10.2014):http://www.courthousenews.com/2014/10/13/72392.htm
Page of the Court case: http://dockets.justia.com/docket/district-of-columbia/dcdce/1:2009cv01967/139002 (Note the Defendant: Turkish Republic of Northern Cyprus!);
Decision of the Court: http://docs.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2009cv01967/139002/53
4. THERE IS “NO PROHIBITION” ON DECLARATIONS OF INDEPENDENCE IN INTERNATIONAL LAW
The President of the Int’l Court of Justice (ICJ) Hisashi Owada, 2010: “International law contains “NO PROHIBITION” on declarations of independence.”
5. NORTHERN CYPRUS BEING A COUNTRY IS NOT DISPUTED
Northern Cyprus being a country is not disputed. The definition of “country” is bigger than whether being a UN member or not. There are countries that are not member of UN. See, “country” definition in WP: A country is a region identified as a distinct entity in political geography. A country may be an independent sovereign state or one that is occupied by another state, as a non-sovereign or formerly sovereign political division, or a geographic region associated with sets of previously independent or differently associated peoples with distinct political characteristics.
That’s why, even the sources from United Nations (UN) cite Northern Cyprus as a different country: World Happiness Report 2015 of United Nations’ Sustainable Development Solutions Network (SDSN) ranked Northern Cyprus 66th among 158 countries, directly above the Republic of Cyprus, which was ranked 67th. UN SDSN World Happiness Report 2015 p.27: 2012-2014 country rankings:http://worldhappiness.report/wp-content/uploads/sites/2/2015/04/WHR15.pdf
United Nations’ (UN) Sustainable Development Solutions Network (SDSN) World Happiness Report 2016:
http://5c28efcb768db11c7204-4ffd2ff276d22135df4d1a53ae141422.r82.cf5.rackcdn.com/HR-V1_web.pdf
See “Figure 2.2: Ranking of Happiness 2013-2015 (Part 2)”
North Cyprus: 62th among 157 countries (1:best, 157:worst)
(South, Greek) Cyprus: 69th among 157 countries.