Expert Opinion of Professor Eyal Benvenisti+
Whewell Professor of International Law Emeritus, University of Cambridge
http://www.berkman.co.il/wp-content/uploads/2025/03/Benvenisti-opinion-Aykout-5122024-V001.pdf
In the matter of Police Director of Nicosia vs. Shimon Mistriel Aykout
5 December 2024
Executive Summary
This expert opinion addresses the legal questions related to title to abandoned property in the northern, occupied part of Cyprus under the law of occupation and European human rights law, as discussed in two editions of my book, The International Law of Occupation (1993, 2012), which both the defence and prosecution referenced in their arguments. I was instructed not to address the additional argument that, under customary international law, Cypriot courts lack jurisdiction over this case—an issue for which the parties did not cite my publications during the proceedings.
Conclusions:
For these reasons, the criminal proceedings against Mr. Aykout and his detention, have the direct effect of violating his human rights under the ECHR, as well as the rights of property owners throughout the occupied part of Cyprus. In addition to these violations of individual rights, these proceedings also violate the obligations of the Republic of Cyprus under general international law, in particular the law of occupation.