The offenses were committed from 4 to 6 September 2015.
According to the facts of the case, around eight on the night of September 6, 2015, a fishing boat that was 40 nautical miles off Larnaca, sounded an alarm signal due to mechanical damage. In the early morning hours of September 7, a National Guard and Police boat located the boat 28 nautical miles from Cape Greco. The boat was carrying 115 people, including children aged 1 month to 8 years.
The occupants of the boat, Palestinians from Syria and Lebanon, boarded three boats of the National Guard and the Police that transported them to the port of Larnaca.
According to the passengers, the boat sailed from a Lebanese port to Rhodes through which they would go to other European countries. Passengers paid for the trip from 2 thousand to 3 and a half thousand dollars.
According to the facts of the case on September 4, just a few hours before the departure of the boat from Tripoli, Lebanon, the Lebanese defendant contacted a person of Arab origin who organized the trip and for a free transfer of his own and an additional fee of $ 1000 agreed to transfer the vessel in his name. The aim of this action was in case the boat was located by the Lebanese authorities not to carry out an inspection, since it would be registered as a Lebanese citizen.
After investigations by the Police, it was established that the Lebanese defendant knew that the person of Arab origin was a member of a circuit that was forwarding people to the Greek islands.
In its decision, the Criminal Court states that the defense attorney of the three defendants had suggested that the Court be deprived of jurisdiction to hear the specific case.
For his part, the representative of the Prosecution Authority referred the Court to Article 10 of the United Nations Convention against Transnational Organized Crime and Protocols and suggested that these provisions do not give the Court jurisdiction to hear the present case, provided that the destination of the boat was Rhodes and not Cyprus.
In the decision, the Criminal Court, after referring to the facts of the case, notes that the question arises as to whether the Cypriot courts have jurisdiction to adjudicate the offenses faced by the three defendants in the case.
It is also stated that based on the admissible facts, the crime of smuggling migrants is attributed to the accused who are not Cypriot citizens, but Syrians and Lebanese, was not committed in the territory of the Republic of Cyprus, nor on a ship flying the Cypriot flag, nor against Cypriots. , while the accused do not reside in Cyprus.
Explaining its decision, the Criminal Court stated that the offense took place outside the territory of the Republic of Cyprus, there was no intent to commit an offense within the territory of Cyprus, as the boat sailed from a Lebanese port and was headed to Rhodes and not Cyprus - that is provided assistance to immigrants to enter the Republic of Cyprus - while they never intended to commit the crime of smuggling migrants into the territory of the Republic.
After noting that the Cypriot courts and consequently the Larnaca-Famagusta Criminal Court lacked jurisdiction to adjudicate the offenses faced by the three accused, he acquitted and acquitted the two Syrians and one Lebanese of all charges against them.
Source: KYPE