The Bulgarian father charged in connection with the deaths of his two young sons, who were found dead in a car in Xylofagou on June 28, has been denied bail to travel to Bulgaria for their funerals and will remain in police custody.
The decision was communicated by the Senior Judge to all parties on Monday. No further details have been released.
In a statement, defence lawyer Christos Theodoulou said his client remains in custody and is due to appear before the SBA court again on September 22, when he is expected to enter a plea.
The defence said it fully respected the court and the reasoning behind its decision but described one of the key findings as raising broader institutional concerns.
According to Theodoulou, the court accepted the prosecution’s argument that it had not been satisfied there was a practical and enforceable mechanism through which bail conditions imposed by an SBA court could be enforced within the Republic of Cyprus.
The defence described the issue as one of “serious institutional importance”.
For that reason, Theodoulou said he had written to the Office of the Attorney-General on Monday requesting clarification of the legal and institutional framework governing cooperation between the two jurisdictions.
The defence argued that the matter extends beyond the specific criminal case and is one of wider public interest.
The statement also referred to evidence presented by a prosecution witness during the bail hearing. According to the defence, the witness acknowledged that no request for cooperation or assistance had been made to the authorities of the Republic of Cyprus in relation to enforcing bail conditions.
The witness also referred to a history of numerous arrest warrants issued by SBA courts which, according to the defence, have remained unenforced within the Republic.
The explanation given by the prosecution witness, the defence said, was that Cyprus has no specific legislation providing for the enforcement of such SBA warrants.
By contrast, the statement noted, the Sovereign Base Areas have enacted legislation governing the transfer and removal of individuals to the Republic of Cyprus.
Given that the prosecution itself had presented the issue as an institutional one, the defence said it considered it appropriate to seek an official position from the attorney-general.
Theodoulou added that the defence is studying the court’s written ruling and considering all available legal options.
These include submitting a fresh application for conditional release as well as appealing Monday’s decision.
The defence, during the July 30th hearing, argued that the accused poses no flight risk and that any concerns over his return could be addressed through cooperation between the SBA Administration, the Republic of Cyprus and Bulgarian authorities. In support of the application, it relied on Appendix O of the Treaty of Establishment, Article 8 of the European Convention on Human Rights, and principles of international legal cooperation.
Counsel for the prosecution argued that the accused posed a flight risk if released, particularly as he resides outside the SBA jurisdiction, on territory controlled by the Republic of Cyprus.
The father is charged with two counts of causing death by a rash, reckless or negligent act after his sons, aged eight and ten, were found dead inside a parked vehicle in the Sovereign Base Areas (SBA) in Xylofagou in June.
A plea hearing has been scheduled for September 22, while a trial is due to begin on November 30 should he plead not guilty.
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