Legal consequences (criminal and/or civil) of transactions concerning real property owned by Greek Cypriots in the Republic of Cyprus’ territory under the illegal Turkish occupation

Foreign citizens are warned against purchasing property belonging to Greek Cypriots in the Republic of Cyprus’ territory under the illegal Turkish occupation since 1974.

As a result of the Turkish invasion of 20 July 1974, and the ongoing illegal occupation of 36.2% of the territory of the Republic of Cyprus by the Turkish occupying troops, to date, in the occupied areas there are properties belonging to approximately 170,000 Greek Cypriots, which are being illegally exploited, even sold off, with the tolerance, if not the encouragement, of the "authorities" of the pseudo-state. Such illegal actions are contrary to United Nations Security Council Resolutions 541 (1983) and 550 (1984), which call upon all states to respect the sovereignty, independence, and territorial integrity of the Republic of Cyprus and not recognise any state in Cyprus other than the Republic of Cyprus. Therefore, the illegal secessionist entity in the occupied part of the Republic of Cyprus has no jurisdiction to sign over the real property of Greek Cypriots validly.

Furthermore, any transaction involving real property owned by Greek Cypriots in the occupied territories constitutes a violation of the fundamental human rights of Greek Cypriots and may result in civil and criminal sanctions for those involved. In accordance with the legislation of the Republic of Cyprus (Article 303A of the Penal Code), which applies to the entire territory of the Republic of Cyprus, including the occupied areas: "a person who, with intent to commit fraud, trades in immovable property belonging to another is guilty of a felony and is liable to seven years' imprisonment", while attempting to commit the aforementioned crime "constitutes a felony and is punishable by five years' imprisonment". This provision applies to a person who (a) sells, rents or mortgages or grants the use of the property to another person; and/or (b) advertises or promotes the sale, rental or mortgage or use of the property by another person; and/or (c) enters into an agreement for the sale, rental or mortgage or use of the property by another person; and/or (d) accepts the sale, rental or mortgage or use of such property.

The commission of such a crime may lead to the issuing of a European arrest warrant, which is enforceable in all EU Member States, but also to an international arrest warrant. In addition, Greek Cypriot legal owners of property in the occupied territories may bring an action before the Courts of the Republic of Cyprus against the usurpers of their property, and the relevant decisions are enforceable in all EU Member States (see also the case of Meletios Apostolides v David and Linda Orams before the Court of Justice of the EU, C-420/07). Consequently, any transaction involving Greek Cypriots' immovable property in the occupied territories may lead to a court decision against the transactors, which can be enforced in any EU Member State.