Filenews 3 February 2021 - by Vasos Vassiliou
Archbishop Chrysostomos was left hopelessly alone, who, with his energy to demolish four listed buildings, which prevented the view of the cathedral under construction, provoked a general reaction from parties, the ETEK, technicians, organisations defending cultural heritage and the majority of citizens.
The reactions were such that they even provoked an intervention by Attorney General Giorgos Savvidis, who requested information on the case from the Interior Minister and the Mayor of Nicosia, in order to determine his next moves, since it is assumed that criminal offences have been committed. In particular, the Chief Prosecutor sent letters to Interior Minister Nikos Nouris and Nicosia Mayor Konstantinos Giorgis describing the issue of the demolition of listed premises as serious. Referring to the relevant media reports through which the matter was brought forward, the Attorney General asked to be informed of the facts of the case and the actions taken by the competent authorities within the framework of their powers, so that any further action in all directions could be decided by him. It is noted that in addition to the owner who gave instructions to demolish the buildings, criminal responsibility may be assumed by the project's scholars and the contractor who undertook the demolition, as at least stated by the president of the ETEK Konstantinos Konstantis.
In addition to the criminal aspect raised by political parties, the priority is the restoration of the four buildings, which the president of DISY Averof Neophytou takes for granted in his statements to "F". In fact, he indicated that the municipality has the possibility to suspend the construction of the cathedral, which the Archbishop is keen to inaugurate this summer. He noted that the restoration of the buildings (before they were demolished) was linked to the permission to build the church. Having said that, the Archbishop seems to have blocked himself, since instead of "cleaning up the place" as he might have calculated and at the same time avoiding the cost of restoring the four buildings, which needed maintenance, eventually, if all those who reacted to what they say, he would be dragged into their reconstruction at more cost. In fact, he will not even be entitled to the incentives granted to the restoration of listed buildings.
As "F" informs, the demolition of the four buildings was the archbishop's wish after he conceived the idea of building a cathedral and simply waited until the time came, and when the rains of the last few days arose, he considered that the time had come to implement his plans. However, what he had not calculated was the accumulated indignation of the citizens because of his own actions and especially the case with the "golden passports" and the starter allegedly sponsored by the Malaysian wanted Joe Law. The issue of the demolition of the four buildings will be raised tomorrow at the city council meeting and will also be discussed before the Parliamentary Committee on the Interior.
It is noted that if the Municipality of Nicosia does not take action to remove the illegality, then the Minister of the Interior can, as we have been told, withdraw the powers granted and take action by the Department of Urban Planning. But where will any competent authority rely in order to force the Archbishop to re-build four buildings?
The answer for a return to the former situation is given in the Planning and Spatial Planning Act, namely Article 46 (3) (b) which states the following, with regard to the 'enforcement order which may be issued by the Planning Authority:
'It may require that such measures be taken within such a time limit as necessary to remove the unauthorised development and, in appropriate cases, the restoration of the immovable property to that state before or in respect of the unauthorised claim made in a development event or, as the case may be, to ensure conformity with the conditions or restrictions , in particular, it may, for that purpose, require the demolishing or conversion of any buildings or works, the termination of any use of immovable property or the execution on immovable property of any building or other work.'
One year's imprisonment and/or a €10,000 fine
In the law on the regulation of roads and buildings, provision is made: Irrespective of the imposition of any administrative fine under the provisions of this Law, a person who violates any condition imposed under the provisions of Articles 6 or 9 (Terms by the competent authority) commits an offence for which he is subject in the event of a first conviction, imprisonment for a period not exceeding one year or a fine not exceeding ten thousand euros (€10,000) or both sentences together and in the case of a second or subsequent conviction, imprisonment for a period not exceeding two (2) years or a penalty payment not exceeding twenty thousand euros (€20,000) or both sentences together. The municipal groups of DISY and ACPL have requested that the matter be discussed before the Municipal Council. In particular, the ACPL group is also calling for the suspension of the permission to build the cathedral until the illegality is lifted.
Reactions and spikes from parties
In the law on the regulation of roads and buildings, provision is made: Irrespective of the imposition of any administrative fine under the provisions of this Law, a person who violates any condition imposed under the provisions of Articles 6 or 9 (Terms by the competent authority) commits an offence for which he is subject in the event of a first conviction, imprisonment for a period not exceeding one year or a fine not exceeding ten thousand euros (€10,000) or both sentences together and in the case of a second or subsequent conviction, imprisonment for a period not exceeding two (2) years or a penalty payment not exceeding twenty thousand euros (€20,000) or both sentences together. The municipal groups of DISY and ACPL have requested that the matter be discussed before the Municipal Council. In particular, the ACPL group is also calling for the suspension of the permission to build the cathedral until the illegality is lifted.
