Could Some one be extradited to the south

0maintenance


Joined: 22/09/2010
Posts: 2179

Message Posted:
20/06/2011 17:59

For building or owning an house in the North?



Serious answers only.



If so,what are the implications for every one else?

suehowlittle


Joined: 31/10/2010
Posts: 1202

Message Posted:
20/06/2011 18:23

The North surely would have to honour an extradition treaty (which I am pretty sure it does not have) with the south.



How could this be possible when it has to be reciprocal? - if you will send us your villains we will send you ours? NEVER!

negativenick


Joined: 10/11/2008
Posts: 6023

Message Posted:
20/06/2011 18:27

mess 1 - i hope so....



DC first,then worzel followed closely by hogwash and them 2 dreadful singers..............

0maintenance


Joined: 22/09/2010
Posts: 2179

Message Posted:
20/06/2011 18:29

Ok.



Let me put it another way.



If i was not living in north cyprus right now and in some other country could i be extradited to the south for building or owning a house in the north?



If so what could the implications for the rest of us.

erolz


Joined: 17/11/2008
Posts: 3456

Message Posted:
20/06/2011 18:30

Extradition is a formal treaty agreement between states. The RoC (nor rest of world other than Turkey) does not recongise the TRNC as a legitimate state, thus is has not and can not legaly sign an extradtion agreement with it. There is no extradition agreement between RoC and TRNC and can not be one.

What the RoC could do and other states have done is ask, on a one off basis, that the TRNC expell a given indivdual. If the indivdual does not have TRNC citizenship and should the TRNC decide that it is in their interest to meet such a request , then said person could be apprehnded and placed on a plane out of the TRNC. THis has happened in the past though never in relation to property use as far as I know.

erolz


Joined: 17/11/2008
Posts: 3456

Message Posted:
20/06/2011 18:37

0maintenance in answer to your question4, in general no you could not, in that extradtition almost always requires that the offence you are being extradited for must be an offence in both the country seeking extradition and the country your are being extradited from. The (criminal) laws in the RoC that make use or purchasing or development of pre74 GC land in the North do not generally exists in other states and thus would nto allow 'normal' extradition.



Having said that there is an EU wide system of 'arrest warrants' which are not the same as extradition but could in theory be used as a means of arresting someone in a states outside Cyprus for a criminal offence under RoC laws. This is not extradition but something different.



In reality if you want real answers to these question and not just armchari speculation you should seek professional legal advise.

erolz


Joined: 17/11/2008
Posts: 3456

Message Posted:
20/06/2011 18:40

For an overview of EU arrest warrants have look here



http://en.wikipedia.org/wiki/European_Arrest_Warrant

0maintenance


Joined: 22/09/2010
Posts: 2179

Message Posted:
20/06/2011 19:28

Thanks Erolz.



Lets wait and see,its possible ive wrote things not quite accurate,or maybe i have,lets see over the next week or so.

Its the implications for people here im thinking about who cross back and forth to the south.



Anyway,i shall wait with baited breath,for now.

wanderer


Joined: 05/02/2009
Posts: 1653

Message Posted:
20/06/2011 19:33

The only recourse on property is now through the IPC the kangaroo courts in the rest of cyprus have been nullified

Also they have until December xx 2011 to lodge a claim otherwise the statute of limitation expires as per ECHR ruling ) ) ) ) )

erolz


Joined: 17/11/2008
Posts: 3456

Message Posted:
20/06/2011 19:35

If the concern is for those that freely enter the RoC then extradition is irrelevant.

The fact is there are RoC criminal laws that make use of pre 74 GC land in the North illegal by their laws. In theory anyone who uses such land and who enters the RoC could be arrested and prosecuted for such use. In practice such is not just a 'legal' issue but a political one. To the best of my knowledge not a single user of pre 74 land in the North has been arrested or prosecuted under these laws in the RoC. Such a prosecution would have not only legal implcations but also huge politcal ones. There are reasons why the RoC has not persued such a prosecution to date despite having the laws to do so and the means when 'offenders' freely enter the RoC.

philbailey


Joined: 17/01/2011
Posts: 3534

Message Posted:
21/06/2011 01:06

I think the British foreign office would be best to ask.

Washerman


Joined: 19/09/2008
Posts: 2301

Message Posted:
21/06/2011 07:11

Erolz..........When you say that this is a "political" NOT "legal" issue, I wonder whether the Greek Cypriot authorities view 'this' in the same way.

I remember that, not so long ago, following some arrests of Israelis and Russians (by the Greek Cypriot Police), there was advice given out to the effect that, people shouldn't travel South (from the North) with any paperwork to do with house/land purchase in the North.

Under what circumstances or, for what reason do you think that the Greek Cypriot's may arrest/hold/prosecute/imprison someone who has purchased or, owns pre-74 Greek Cypriot land/property ?

Indeed, do you think that it is ever likely to happen ?

0maintenance


Joined: 22/09/2010
Posts: 2179

Message Posted:
21/06/2011 09:25

A few years ago i believe an arcitect went south and was carrying alot of papers regarding buildings or new buildings in the north,he was detained i think for quite a number of days,many politicians from the north protested @ one of the borders and after some days the man was released,im not sure of the full story but im sure there are others who remember this happening.



Im not trying to scare people,just a subject ive never seen brought up on the forum,thought it may make a good debate.

erolz


Joined: 17/11/2008
Posts: 3456

Message Posted:
21/06/2011 11:06

Washerman I said it was not JUST a legal issue but also a politicial one. A (very few) people have been detained in the RoC under suspicion of breaking the RoC law re use of pre 74 land in the North. To the best of my knowledge not a single person has ever been prosecuted under these laws.

I believe the relevant law in the RoC is Article 281 of the Penal Code in the RoC which to the best of my knowledge says use of land registered in the name of another without the consent of the registered owner is a criminal offence. The law exists. The RoC to date has not used this law to bring a prosecution against anyone, as far as I know. It has used it to 'confiscate' documents relating to property in the north carried by people in the RoC. As to why the RoC has never used this law against an individual or if they may start doing so in the future one can only speculate. In theory anyone using a hotel / casino in the north built on disputed land breaks this law.

0maintenance


Joined: 22/09/2010
Posts: 2179

Message Posted:
22/06/2011 13:09

Interesting comments.



So the greeks that come across here to gamble and useing some casinos could be breaking the law.

Rufusa


Joined: 20/06/2011
Posts: 26

Message Posted:
22/06/2011 13:19

Yes but they won't prosecute them. They want to make an example of foreigners and give them a good scare!