PRESS RELEASE
On the Application of the United Kingdom’s National Security Act 2023 within the Republic of Cyprus and its Implications for the Sovereignty of the Republic of Cyprus
The Cyprus Democratic Lawyers Association expresses its serious concern regarding the extradition proceedings currently pending before the Limassol District Court, following a request by the United Kingdom for the extradition of an individual pursuant to the United Kingdom’s National Security Act 2023.
This case extends far beyond the confines of an ordinary extradition proceeding. It raises significant issues concerning the sovereignty of the Republic of Cyprus, the extent to which a third State may exercise criminal jurisdiction over acts allegedly committed within the territory of the Republic, as well as the scope of British criminal jurisdiction in relation to the Sovereign British Base Areas and the sovereignty of the Republic of Cyprus.
Particular concern arises from the fact that the United Kingdom’s National Security Act 2023 is being invoked in relation to acts allegedly committed within the territory of the Republic of Cyprus, a sovereign Member State of the European Union. The case raises broader questions concerning the extent to which a third State may exercise criminal jurisdiction over events occurring within the territory of a Member State of the European Union, and the implications that such an approach may have for the fundamental principles of State sovereignty, the equality of States and European Union law.
The reliance upon the United Kingdom’s National Security Act 2023 in relation to events allegedly occurring in Cyprus gives rise to legitimate questions regarding the limits of the extraterritorial application of British criminal legislation and the consequences that may follow from accepting such an expansive approach.
Should such a practice be accepted without rigorous judicial scrutiny, it would establish a highly significant precedent. Tomorrow, the exercise of extraterritorial criminal jurisdiction may no longer be confined to military installations, but could extend to other situations in which third States seek to assert criminal jurisdiction over events taking place within the Republic of Cyprus. This is therefore an issue that directly concerns State sovereignty, the equality of States and the rule of law.
The Republic of Cyprus is a sovereign and independent State and a Member State of the European Union. International cooperation in criminal justice and extradition constitutes a fundamental principle of international law. However, such cooperation must not result in the erosion of State sovereignty or permit an uncontrolled expansion of the jurisdiction of third States over events occurring within Cypriot territory.
The Association further recalls that the legal status of the Sovereign British Base Areas is governed by specific international agreements, which cannot be interpreted in a manner that alters or restricts the sovereignty of the Republic of Cyprus beyond what those agreements expressly provide.
Furthermore, the present case demonstrates the need for particularly rigorous judicial scrutiny of any extradition request founded upon legislation with broad extraterritorial application, especially where issues of fundamental rights, State sovereignty, European Union law and constitutional order arise.
Safeguarding the sovereignty, constitutional order and status of the Republic of Cyprus as a Member State of the European Union constitutes a paramount institutional obligation that must be taken into account in every process of international judicial cooperation.
The Cyprus Democratic Lawyers Association will continue to closely monitor the progress of this case and calls upon the State, the Law Office of the Republic and the Courts to approach the matter with the utmost care, taking into consideration not only the international obligations of the Republic of Cyprus, but also the duty to safeguard its sovereignty, independence, constitutional order and status as a Member State of the European Union.
CYPRUS DEMOCRATIC LAWYERS ASSOCIATION