Filenews 6 March 2021 - by Angelos Nikolaou
A year after receiving the findings of an administrative investigation into the change of planning regime governing the area around private blocks in Kouklia, the Legal Service has not yet decided how to proceed with the case to determine whether possible criminal offences arise. The case is handled by the Assistant Attorney General, Savvas Angelides.
Asked by "F" to inform us whether the investigation by the Legal Service has been completed, if any criminal responsibilities arise, the Office of the Attorney General informed us that, "on the basis of the administrative investigation, the Legal Service has used the content for the purpose of studying the possible commission of criminal offences in the period relating to 2007 and there have been successive meetings with officials of the Ministry of Justice. Internal. Due to the fact that the whole issue is inextricably linked both to cases pending before the Administrative Court and to the general policy of holistic treatment of the matter, the study continues and the next steps will soon be determined".
It is noted that the result of the administrative investigation carried out by two high-ranking officials of the Town Planning and Land Registry was handed over to the Ministry of the Interior in February 2020. A month later, the Home Office forwarded the finding to the Legal Service.
It is noted that a special report was carried out on the subject by the Audit Office on 13/11/2019. Subsequently, on 18/11/2019, it was decided to conduct an administrative investigation by the Ministry of the Interior.
It all started with the Cabinet's decision. 2/5/2007, in the context of solving the problems arising with the management of the Akamas peninsula, to approve the procedure for the exchange of specific private properties within the peninsula, with areas of state and state forest land, which would be selected in cooperation with the Departments of Lands and Surveys (TCX), Urban Planning and Housing (TPO) and Forests (TS). As part of the implementation of the decision, specific pieces of state and state forest land were selected in the Ores area of Kouklia, which would be part of a Holiday Housing Zone. On the pretext of ensuring access to these blocks, the then Director of the ITO decided to include the private parts bordering the state blocks mentioned in the same zone.
The planned exchanges of private property within the Akamas peninsula were not advanced and although the relevant decision of the Council of Ministers was withdrawn, the change in the urban areas, which was promoted solely for the purpose of this purpose, was not withdrawn after this development.
As it has become clear, the only one who has benefited very significantly from the change of urban areas is the owner of the pieces bordering the state forest land, who applied for the separation of 339 plots.
The Audit Office took the view that, in the event that the reasons which led to the initial decision of the Council of Ministers to include private parts in a Holiday Home Zone no longer existed, the Ministry of the Interior had to immediately recall it.
Others decided the Cabinet
The administrative investigation was carried out on the basis of the auditor general's suggestions and recommendations, to determine whether the procedure followed for the exchange of state and private land, as well as modification of urban areas and subsequent decisions were based on rational urban and environmental criteria, or whether the above choices give off responsibilities, omissions and irregularities on the part of the officials and officials involved. It also investigated the whole process followed in an attempt to establish possible derogations from existing legislation and/or decisions and whether responsibilities arise on the part of the officers and officials involved.
According to information provided by "F" in the conclusions of the finding before the Attorney General, among other things, reference is made to sufficient documentation of how the State land selected for exchange was chosen before the decision was taken on 2/5/2007.
It is noted that no alternatives were considered to ensure access to forest land. Furthermore, it is noted that no Strategic Environmental Impact Study and/or Appropriate Environmental Impact Assessment Study has been prepared.
At the same time, it is noted that there have been derogations from the procedures laid down by those who have promoted the matter to be examined. Particular attention is paid to the substantial increase in the area of holiday residence in relation to the decision of the Council of Ministers, which found that acts were carried out which are not covered by the decision of the Council of Ministers.
It is also noted that the Interior Ministry did not proceed in time to the withdrawal of these urban areas, after finding that they were no longer needed.
In addition, there is a question of a stressful affinity and possible special relationship between the former Director of Land Registry and the companies that benefited from the government's decision. Typically, it is noted that the amount obtained by the company amounts, for example, to €11 million. by a potentially irregular decision to include an additional area of land following the Decision of the Council of Ministers.
Benefited a company
The Audit Office in its special report noted that it did not appear to adequately substantiate the way in which state forest land, as well as private land chosen to be allocated for exchange purposes, should be adequately documented on the basis of the 2007 Cabinet decision. The decision of the Council of Ministers referred to was taken, without prior consultation with the owners who own property within the Akamas Peninsula, in order to determine whether there was interest on their part and without considering other alternatives to access to state forest land.
Furthermore, reasonable questions arise as to why two areas of State forest land, bordering the pieces of the operator which appears to have benefited from the change in the urban area, did not join the Natura 2000 network area, unlike other adjacent blocks, which were included.
