Tribal mentality undermines the rule of law

Editorial: Tribal mentality undermines the rule of law
archive article - Sunday, January 20, 2008)

POLITICIANS often boast that in Cyprus we have the rule of law. Generally speaking, this is not an idle claim, even though things are far from perfect when it comes to law enforcement and the small matter of equality before the law. In these respects, which are integrally linked to any notion of rule of law, Cyprus, it would appear, still has a long way to go before we can safely make any such boast.

Many foreigners, for instance, would have little faith in the rule of law after the experiences they have had dealing with the authorities, which in most disputes blatantly side with locals irrespective of who is in the right. It is particularly so in small towns or villages where the members of the local community know each other and stick together against the outsiders. Policemen are not unknown to protect members of the local community even when they are in the wrong.

The trials and tribulations of a Briton, who was reportedly beaten up in Paralimni last Monday by two developers he has been in dispute with, was a case in point. He was in hospital for three days after suffering head injuries and external bruising, and when his lawyer called up the Paralimni police, he was told that they were “investigating an accident”. The two suspects were subsequently remanded in custody for four days, but it remains to be seen whether they will be charged.

This was, allegedly, the second time the Briton had been the victim of assault by the same developers. The first case was never heard; the charges were dropped because the plaintiff had not shown up for the hearing. He had been told by the prosecutor not to bother coming from the UK, where he lives, for the hearing because it was likely to be adjourned. The judge did not grant the request for an adjournment and the case was closed, because the main witness was absent. Would he be wrong in suspecting that he had been tricked by the authorities?

Some 18 months ago, an enterprising Polish student set up a rickshaw service in Ayia Napa, which proved very popular with tourists. However, local cab drivers felt this was hurting their business and retaliated by threatening the young Pole, damaging some of his rickshaws and beating up a couple of the operators. Ayia Napa police offered the young entrepreneur next to no protection and eventually he was forced to close his business. Such incidents do not inspire foreigners’ confidence and trust in our law enforcement.

Perhaps it is asking too much of policemen to act impartially in small, tightly-knit communities in which they may be friends or relatives of local people. In nine out of 10 disputes involving foreigners, a policeman protects the member of his community even if he or she is in the wrong. And this tribal mentality prevails more often than not, even if a Cypriot from another town is in dispute with a member of the community.

In this climate, the foreign mother of the girl who had been sexually abused when she was four should not have been surprised to hear, 10 days ago, that the charges against the girl’s father had been withdrawn and the case closed, without ever being heard by Paphos court. Some legal mistakes made during a family court hearing related to the case would have made the job of the prosecution very difficult, the Attorney-general decided. Then again, the family court’s decision to grant access rights to a father (a Paphos man) facing charges of abusing his child defied belief.

A few months ago, a DISY deputy revealed that almost half of the 141 cases of family violence, including child abuse, pending before the courts were in Paphos, in which the tribal mentality remains very strong indeed. The legislature’s pleas for family violence cases to be given priority by the courts had been ignored, he said. Could the delays be linked in any way to local suspects being protected by the Paphos police and local authorities? Nobody can say, but at the same time could the possibility be ruled out, given the tribalism that marks our small communities and the charges of corruption made a few weeks ago against the Paphos police by the Minister of Justice?
The government, judiciary and the police command need to give serious thought to this problem and come up with ways of tackling it because it is giving the country a bad reputation. More and more foreigners, including many EU nationals, are settling in Cyprus, and the authorities have a legal obligation to ensure they are treated just like Cypriots. This is what the rule of law means.


Copyright © Cyprus Mail 2008

Karayiannas Developers - Brutal Beating in Paralimni

Brutal beating in Paralimni
By Jean Christou
archive article - Wednesday, January 16, 2008)

A BRITISH property buyer was hospitalised for two days on Monday after allegedly being badly beaten by the developers with whom he is in dispute, his lawyer said yesterday.

Conor O’Dwyer, 38, who has widely publicised his case on YouTube and on the website lyingbuilder.com, was kicked in the kidneys and had his head stomped on, according to his lawyer Yiannos Georgiades.

O’Dwyer had already pressed charges over another alleged beating by the father and son developers in March 2006 while fighting his ongoing property case at court. They were later charged over the assault.

According to Georgiades, on Monday at around 11am O’Dwyer went to the disputed property in the Famagusta district to take pictures of changes to the area around the house to produce as evidence in the land wrangle.

“He thought the photos might prove important later,” said Georgiades.

Upon his arrival, the woman to whom the developers re-sold the house after unilaterally cancelling O’Dwyer’s contract and keeping £75,000 of his money, allegedly “made a phone call” and two men appeared shortly afterwards that O’Dwyer identified as the developers.

“Conor was forced out of his car. One stepped on his head and the other kicked him in the kidneys,” said Georgiades, adding that they also took his camera.

“He was bleeding and there was a crowd of mostly women screaming and shouting for them to stop. He was crying out for help and no one helped him.”

Georgiades said someone eventually called 112 and police showed up with an ambulance. A British woman also took pictures of what was going on, he said.

O’Dwyer was taken to Paralimni hospital and from there sent to Larnaca.

“He has head injuries, external bruising, internal pain in the kidney region and he is badly shaken,” said Georgiades.

Doctors decided to keep him in until today to run tests and X-rays.

Georgiades said he had spoken to police about the incident. “They said they were investigating the ‘accident’,” said Georgiades. “I told them it wasn’t an accident. They didn’t arrest anyone but they did take statements.”

Georgiades said he spoke yesterday with a senior officer at Famagusta CID who said they were dealing with the case. O’Dwyer gave a statement to police yesterday afternoon from his hospital bed.

The senior officer dealing with the case, George Economou, told the Cyprus Mail yesterday police would take statements from all concerned and decide if there was a case to press charges.

“Conor is just giving his statement now,” said Economou. Asked if there would be any arrests, he said he would know more today. “It depends on the investigation,” he said.

Georgiades said he has also informed the British High Commission.

With regard to the previous assault case against the developers, Georgiades said the charges had been dropped by the Attorney-general ostensibly because O’Dwyer had not shown up for a hearing.

But the lawyer said when the last hearing was due, O’Dwyer, who lives in the UK, had been told by prosecutors not to bother coming to Cyprus because the hearing would likely be adjourned.

“He didn’t come and on the day of the court case, the prosecutor said the judge wouldn’t give an adjournment so the proceedings against the two men would be stayed”.

O’Dwyer is now entering the third year of his property saga.

He and his wife were going to buy a house on a development in Frenaros village. However when they viewed the construction area when the project was coming along, they realised the surrounding homes were not those specified in the original plan.

This would have resulted in a total lack of privacy as two balconies on other properties would have been looking into their garden. O’Dwyer has said the reason they had chosen the site in the first place was for the privacy that was promised.

After several run-ins with the developers over the changes to the surrounding area, and although the house is registered to them at the Land Registry given they had paid for most of it, the O’Dwyers subsequently discovered that the developers had sold it to another British family, who now reside there. The O’Dwyers have not received their money back.

When O’Dwyer launched his story on youtube video, backed up by documents and taped conversations with the developers and their lawyers, Interior Minister Christos Patsalides ordered an investigation in August last year, but no results have been forthcoming.

Copyright © Cyprus Mail 2008